National Consumer Credit Protection Act 2009

CHAPTER 2 - LICENSING OF PERSONS WHO ENGAGE IN CREDIT ACTIVITIES  

PART 2-2 - AUSTRALIAN CREDIT LICENCES  

Division 4 - Conditions on an Australian credit licence  

SECTION 45   THE CONDITIONS ON THE LICENCE  
ASIC may impose, vary or revoke conditions on licences

45(1)    

Subject to section 46A , ASIC may, at any time:

(a) impose conditions, or additional conditions, on a licence; and

(b) vary or revoke conditions imposed on a licence.

45(2)    
ASIC may do so:

(a) on its own initiative; or

(b) if the licensee lodges an application with ASIC for the imposition, variation or revocation.

45(3)    
The application must be in the approved form.

Notice and effect of imposition, variation or revocation of conditions

45(4)    
ASIC must give the licensee written notice of the imposition, variation or revocation of the conditions. The imposition, variation or revocation of the conditions comes into force on the day specified in the notice, which must not be before the day on which the decision to impose, vary or revoke the conditions was made.

ASIC must give the licensee a hearing

45(5)    

Despite subsection (1), ASIC may only impose conditions or additional conditions, or vary or revoke the conditions, on the licence after giving the licensee an opportunity:

(a) to appear, or be represented, at a hearing before ASIC that takes place in private; and

(b) to make submissions to ASIC in relation to the conditions.

This subsection does not apply to ASIC imposing conditions when the licence is granted, or imposing or varying conditions in accordance with an application under paragraph (2)(b).

Condition in relation to credit activities authorised

45(6)    
ASIC must ensure that the licence is subject to a condition that specifies the credit activities or classes of credit activities that the licensee is authorised to engage in.

Regulations may prescribe conditions

45(7)    
The licence is subject to such other conditions as are prescribed by the regulations. However, ASIC cannot vary or revoke those conditions.