National Consumer Credit Protection Act 2009

CHAPTER 2 - LICENSING OF PERSONS WHO ENGAGE IN CREDIT ACTIVITIES  

PART 2-1 - REQUIREMENT TO BE LICENSED TO ENGAGE IN CREDIT ACTIVITIES  

Division 3 - Other prohibitions relating to the requirement to be licensed  

SECTION 32   PROHIBITION ON CHARGING A FEE ETC.  
Prohibition on charging a fee etc.

32(1)    

A person must not demand, receive or accept any fee, charge or other amount from a consumer for engaging in a credit activity if, by engaging in that credit activity, the person contravenes, or would contravene, section 29 (which deals with the requirement to be licensed).

Civil penalty: 5,000 penalty units.

Offence

32(2)    

A person commits an offence if:

(a) the person is subject to a requirement under subsection (1); and

(b) the person engages in conduct; and

(c) the conduct contravenes the requirement.

Criminal penalty: 1 year imprisonment.