National Consumer Credit Protection Act 2009

CHAPTER 6 - COMPLIANCE AND ENFORCEMENT  

PART 6-3 - INSPECTION OF BOOKS AND AUDIT INFORMATION-GATHERING POWERS  

Division 2 - Inspection of books and audit information-gathering powers  

SECTION 263  

263   WHEN CERTAIN POWERS MAY BE EXERCISED  

A power conferred by this Part (other than sections 264 , and 265) may only be exercised:

(a) for the purposes of the performance or exercise of any of ASIC ' s functions and powers under the Commonwealth credit legislation; or

(b) for the purposes of ensuring compliance with the Commonwealth credit legislation; or

(c) in relation to an alleged or suspected contravention of the credit legislation; or

(d) in relation to an alleged or suspected contravention of a law of the Commonwealth, or of a law of a referring State or a Territory, being a contravention that:

(i) concerns the management, conduct or affairs of a licensee, credit representative or other person who engages, or has engaged, in a credit activity; or

(ii) involves fraud or dishonesty and relates to a credit activity engaged in by a person, or a credit contract, mortgage, guarantee or consumer lease; or

(e) for the purposes of an investigation under Part 6-1 .