National Consumer Credit Protection Act 2009
CHAPTER 2 - LICENSING OF PERSONS WHO ENGAGE IN CREDIT ACTIVITIES
PART 2-2 - AUSTRALIAN CREDIT LICENCES
Division 3 - How to get an Australian credit licence
SECTION 38
38
WHEN A LICENCE MAY BE GRANTED
-
ADIs
If:
(a)
an ADI applies under section
36
for a licence; and
(b)
the application includes a statement (in accordance with the requirements of the approved form) to the effect that the ADI will, if granted the licence, comply with its obligations as a licensee;
then ASIC must grant the ADI a licence authorising the ADI to engage in credit activities that equate (as closely as possible) to the credit activities in relation to which the application was made.
Note:
ASIC must not grant a licence to a person contrary to a banning order or disqualification order, or if a prescribed State or Territory order is in force against the person or certain representatives of the person (see section 40 ).
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