National Consumer Credit Protection Act 2009

CHAPTER 1 - INTRODUCTION  

PART 1-2 - DEFINITIONS  

Division 4 - Other definitions  

SECTION 15   MEANING OF PERSON - GENERALLY INCLUDES MULTIPLE TRUSTEES  

15(1)   [ Application]  

This section applies in relation to a trust during a period while the trust continues to have:

(a) 2 or more trustees; or

(b) a single trustee who was a trustee of the trust at a time when it had 2 or more trustees.

15(2)   [ Act applies as if trustee or trustees were single person]  

Subject to subsections (3) and (4), during the period this Act (other than the National Credit Code) applies to the trust as if the trustee or trustees of the trust from time to time during the period were a single person (the notional person ) that remained the same for the duration of that period.

Note:

So, for example, a licence granted under this Act during the period to the trustees of the trust will continue in force, despite a change in the persons who are the trustees.

15(3)   [ Changes to Act where trust has 2 or more trustees]  

If, during the period or any part of the period, the trust has 2 or more trustees, this Act (other than the National Credit Code) applies to the trustees as referred to in subsection (2), but it applies with the following changes:

(a) obligations that would be imposed on the notional person are imposed instead on each trustee, but may be discharged by any of the trustees;

(b) any contravention of this Act (other than the National Credit Code) that would otherwise be a contravention by the notional person is taken (whether for the purposes of criminal or civil liability) to have been a contravention by each trustee who:

(i) aided, abetted, counselled or procured the relevant act or omission; or

(ii) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the trustee).

Note:

For the purposes of paragraph (b), to determine whether the notional person has contravened this Act, see section 325 .

15(4)   [ Changes to Act where trust has 1 trustee]  

If, during the period or any part of the period, the trust has only one trustee, this Act (other than the National Credit Code) applies to the trustee as referred to in subsection (2), but it applies with the following changes:

(a) obligations that would be imposed on the notional person are imposed instead on that single trustee;

(b) any contravention of this Act (other than the National Credit Code) that would otherwise be a contravention by the notional person is taken (whether for the purposes of criminal or civil liability) to have been a contravention by that single trustee.

15(5)   [ Subsections have effect subject to contrary intention and regulations]  

Subsections (2), (3) and (4) have effect subject to:

(a) an express or implied contrary intention in a provision of this Act (other than the National Credit Code); and

(b) the regulations, which may exclude or modify the effect of those subsections in relation to specified provisions.