National Consumer Credit Protection Act 2009

CHAPTER 5 - ADMINISTRATION  

PART 5-5 - OTHER ADMINISTRATIVE MATTERS  

Division 2 - Other administrative matters  

SECTION 240   OBSTRUCTING OR HINDERING ASIC ETC.  

240(1)    

A person must not engage in conduct that results in the obstruction or hindering of ASIC, or any other person, in the performance of a function or the exercise of a power under this Act.

Civil penalty: 5,000 penalty units.

240(2)    

A person commits an offence if:

(a)    the person engages in conduct; and

(b)    the conduct results in the obstruction or hindering of ASIC, or any other person, in the performance of a function or the exercise of a power under this Act.

Criminal penalty: 2 years imprisonment.

240(3)    
For the purposes of subsections (1) and (2) , it is a defence if the person has a reasonable excuse.

Note:

For the purposes of subsection (2) , a defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code ).