National Consumer Credit Protection Act 2009
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Hide history noteNotice to Part 3-2CA body to provide a statement
133CZG(1)
ASIC may give a Part 3-2CA body a written notice directing the body to lodge with ASIC a written statement containing specified information about whether the body, or another Part 3-2CA body, is complying with this Part (other than Division 4 ).
133CZG(2)
Notices under subsection (1): (a) may be given at any time; and (b) may be given to one or more particular Part 3-2CA bodies, or to each Part 3-2CA body in one or more classes of Part 3-2CA bodies, or to all Part 3-2CA bodies; and (c) may require all the same information, or may contain differences as to the information they require; and (d) may require a statement containing information to be given on a periodic basis, or each time a particular event or circumstance occurs, without ASIC having to give a further written notice.
Notice to Part 3-2CA body to obtain an audit report
133CZG(3)
ASIC may also give a Part 3-2CA body a written notice directing the body to obtain an audit report prepared: (a) by a suitably qualified person specified in the notice; and (b) on a statement, or on each statement in a class of statements, under subsection (1); and (c) before the statement is given to ASIC.
133CZG(4)
A notice under subsection (3) is not a legislative instrument.
Notice must specify day by which Part 3-2CA body must comply
133CZG(5)
A notice given under this section must specify the day by which the Part 3-2CA body must comply with the notice (which must be a reasonable period after the notice is given). ASIC may extend the day by giving a written notice to the Part 3-2CA body.
Requirement to comply with notice
133CZG(6)
The Part 3-2CA body must comply with a notice given under this section within the time specified in the notice.
Civil penalty: 5,000 penalty units.
Offence
133CZG(7)
A person commits an offence if: (a) the person is subject to a requirement under subsection (6); and (b) the person engages in conduct; and (c) the conduct contravenes the requirement.
Criminal penalty: 6 months imprisonment.
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