National Consumer Credit Protection Act 2009
CHAPTER 6
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COMPLIANCE AND ENFORCEMENT
PART 6-4
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PROCEEDINGS AFTER AN INVESTIGATION
Division 2
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Proceedings after an investigation
SECTION 275
275
ASIC MAY BRING CIVIL PROCEEDINGS
If, as a result of an investigation or from a record of an examination (being an investigation or examination conducted under this Chapter), it appears to ASIC to be in the public interest for a person to bring and carry on proceedings (other than proceedings under the Commonwealth credit legislation) for:
(a) the recovery of damages for fraud, negligence, default, breach of duty, or other misconduct, committed in connection with a matter to which the investigation or examination related; or
(b) recovery of property of the person;
(c) if the person is a company (within the meaning of the Corporations Act 2001 ) - may cause; or
(d) otherwise - may, with the person ' s written consent, cause;
If, as a result of an investigation or from a record of an examination (being an investigation or examination conducted under this Chapter), it appears to ASIC to be in the public interest for a person to bring and carry on proceedings (other than proceedings under the Commonwealth credit legislation) for:
(a) the recovery of damages for fraud, negligence, default, breach of duty, or other misconduct, committed in connection with a matter to which the investigation or examination related; or
(b) recovery of property of the person;
ASIC:
(c) if the person is a company (within the meaning of the Corporations Act 2001 ) - may cause; or
(d) otherwise - may, with the person ' s written consent, cause;
such proceedings to be begun and carried on in the person ' s name.
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