National Consumer Credit Protection Act 2009

CHAPTER 6 - COMPLIANCE AND ENFORCEMENT  

PART 6-4 - PROCEEDINGS AFTER AN INVESTIGATION  

Division 2 - Proceedings after an investigation  

SECTION 275  

275   ASIC MAY BRING CIVIL PROCEEDINGS  
If, as a result of an investigation or from a record of an examination (being an investigation or examination conducted under this Chapter), it appears to ASIC to be in the public interest for a person to bring and carry on proceedings (other than proceedings under the Commonwealth credit legislation) for:


(a) the recovery of damages for fraud, negligence, default, breach of duty, or other misconduct, committed in connection with a matter to which the investigation or examination related; or


(b) recovery of property of the person;

ASIC:


(c) if the person is a company (within the meaning of the Corporations Act 2001 ) - may cause; or


(d) otherwise - may, with the person ' s written consent, cause;

such proceedings to be begun and carried on in the person ' s name.


 

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