National Consumer Credit Protection Act 2009

CHAPTER 5 - ADMINISTRATION  

PART 5-1 - MATTERS RELATING TO HANDLING RECORDS AND INFORMATION  

Division 2 - Registers relating to credit activities  

SECTION 213   CREDIT REGISTERS  
ASIC must establish and maintain credit registers

213(1)    
ASIC must establish and maintain one or more registers (the credit registers ) relating to credit activities.

How credit registers are to be maintained

213(2)    
The regulations may prescribe the way in which the credit registers must be established or maintained, including the details that ASIC must enter in the credit registers in relation to the following persons:

(a)    licensees;

(b)    persons registered to engage in credit activities under the Transitional Act;

(c)    credit representatives of licensees or persons registered to engage in credit activities under the Transitional Act;

(d)    persons against whom a banning order or disqualification order is made under Part 2-4 ;

(e)    persons who are banned from engaging in a credit activity under a law of a State or Territory;

(f)    any other persons prescribed by the regulations.

213(3)    
Without limiting subsection (2) , the credit registers:

(a)    may be maintained in an electronic form; and

(b)    may be maintained as part of, or together with, any register in relation to financial services maintained under section 922A of the Corporations Act 2001 .

Credit register is not a legislative instrument

213(4)    
A credit register established under this section is not a legislative instrument.