National Consumer Credit Protection Act 2009

CHAPTER 2 - LICENSING OF PERSONS WHO ENGAGE IN CREDIT ACTIVITIES  

PART 2-2 - AUSTRALIAN CREDIT LICENCES  

Division 5 - Obligations of licensees  

Subdivision D - Miscellaneous  

SECTION 53   OBLIGATION TO LODGE ANNUAL COMPLIANCE CERTIFICATE  
Requirement to lodge annual compliance certificate

53(1)    

A licensee must, no later than 45 days after the licensee's licensing anniversary in each year, lodge a compliance certificate with ASIC in accordance with this section. ASIC may extend the day by giving a written notice to the licensee.

Civil penalty: 5,000 penalty units.

Compliance certificate must be in approved form

53(2)    
The compliance certificate must be in the approved form.

Who must sign compliance certificate

53(3)    
The compliance certificate must be signed by:

(a) if the licensee is a single natural person - the licensee; or

(b) if the licensee is a body corporate - a person of a kind prescribed by the regulations; or

(c) if the licensee is a partnership or the trustees of a trust - a partner or trustee who performs duties in relation to credit activities.

Requirement to ensure compliance certificate is lodged

53(4)    

Each person by whom the compliance certificate may be signed under subsection (3) must ensure that the licensee lodges the compliance certificate with ASIC in accordance with this section.

Civil penalty: 5,000 penalty units.

Strict liability offence

53(5)    
A person commits an offence if:

(a) the person is subject to a requirement under subsection (1) or (4); and

(b) the person engages in conduct; and

(c) the conduct contravenes the requirement.

Criminal penalty: 60 penalty units.

53(6)    
Subsection (5) is an offence of strict liability.

Meaning of licensing anniversary

53(7)    
Licensing anniversary of a licensee means the anniversary of the day on which the licensee's licence came into force under section 42 .