National Consumer Credit Protection Act 2009

CHAPTER 6 - COMPLIANCE AND ENFORCEMENT  

PART 6-6 - OFFENCES UNDER THIS CHAPTER  

Division 2 - Offences  

SECTION 290   CONTRAVENTIONS OF REQUIREMENTS MADE UNDER THIS CHAPTER  

290(1)    

A person must not intentionally or recklessly refuse or fail to comply with a requirement made under:

(a) section 253 ; or

(b) subsection 255(4) ; or

(c) section 265 , 266 , 267 or 268 ; or

(d) subsection 271(9) ; or

(e) section 272 .

Criminal penalty: 2 years imprisonment.

290(2)    

A person must not refuse or fail to comply with a requirement made under subsection 255(1) or 264(2), paragraph 258(2)(a) or subsection 274(4), 284(1), (2) or (4).

Criminal penalty: 30 penalty units.

290(3)    

A person must comply with a requirement made under subsection 257(2) .

Criminal penalty: 20 penalty units.

290(4)    
Subsections (1) and (2) do not apply to the extent that the person has a reasonable excuse.

Note:

A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code ).

290(5)    
Paragraph (1)(d) does not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.

Note:

A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) of the Criminal Code ).

290(6)    
Paragraph (1)(e) does not apply to the extent that the person has stated the matter to the best of his or her knowledge or belief.

Note:

A defendant bears an evidential burden in relation to the matter in subsection (6) (see subsection 13.3(3) of the Criminal Code ).