National Consumer Credit Protection Act 2009
CHAPTER 2
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LICENSING OF PERSONS WHO ENGAGE IN CREDIT ACTIVITIES
PART 2-2
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AUSTRALIAN CREDIT LICENCES
Division 6
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When a licence can be suspended, cancelled or varied
Subdivision A
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Suspensions and cancellations
SECTION 55
SUSPENSION OR CANCELLATION AFTER OFFERING A HEARING
55(1)
ASIC may suspend or cancel a licensee ' s licence (subject to complying with subsection (4)) if:
(a) the licensee has contravened an obligation under section 47 (which deals with general conduct obligations of licensees); or
(b) ASIC has reason to believe that the licensee is likely to contravene an obligation under that section; or
(c) the requirement in section 37A (fit and proper person test) is not satisfied in relation to the licensee and the licence; or
(d) the application for the licence:
(e) any information, audit report or statement lodged with ASIC in accordance with a request under subsection 37(4) in relation to the application for the licence:
(f) an application made by the licensee under paragraph 45(2)(b) in relation to the licence:
(g) any information, audit report or statement lodged with ASIC in accordance with a request under subsection 46A(3) in relation to an application made by the licensee under paragraph 45(2)(b) in relation to the licence:
55(2) - (3)
(Repealed by No 3 of 2020)
55(4)
ASIC may only suspend or cancel a licensee ' s licence under this section after giving the licensee an opportunity:
(a) to appear, or be represented, at a hearing before ASIC that takes place in private; and
(b) to make submissions to ASIC on the matter.
ASIC may suspend or cancel a licensee ' s licence (subject to complying with subsection (4)) if:
(a) the licensee has contravened an obligation under section 47 (which deals with general conduct obligations of licensees); or
(b) ASIC has reason to believe that the licensee is likely to contravene an obligation under that section; or
(c) the requirement in section 37A (fit and proper person test) is not satisfied in relation to the licensee and the licence; or
(d) the application for the licence:
(i) was false in a material particular or materially misleading; or
(ii) omitted a material matter; or
(e) any information, audit report or statement lodged with ASIC in accordance with a request under subsection 37(4) in relation to the application for the licence:
(i) was false in a material particular or materially misleading; or
(ii) omitted a material matter; or
(f) an application made by the licensee under paragraph 45(2)(b) in relation to the licence:
(i) was false in a material particular or materially misleading; or
(ii) omitted a material matter; or
(g) any information, audit report or statement lodged with ASIC in accordance with a request under subsection 46A(3) in relation to an application made by the licensee under paragraph 45(2)(b) in relation to the licence:
(i) was false in a material particular or materially misleading; or
(ii) omitted a material matter.
View history note
Hide history note55(2) - (3)
(Repealed by No 3 of 2020)
55(4)
ASIC may only suspend or cancel a licensee ' s licence under this section after giving the licensee an opportunity:
(a) to appear, or be represented, at a hearing before ASIC that takes place in private; and
(b) to make submissions to ASIC on the matter.
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