National Consumer Credit Protection Act 2009
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Hide history noteNotice to licensee to provide a statement
49(1)
ASIC may give a licensee a written notice directing the licensee to lodge with ASIC a written statement containing specified information about:
(a) the credit activities engaged in by the licensee or its representatives; or
(b) for the purposes of considering whether the requirement in section 37A (fit and proper person test) is satisfied in relation to the licensee and the licence - any matters mentioned in section 37B in relation to a person mentioned in a paragraph of subsection 37A(1) .
49(2)
Notices under subsection (1):
(a) may be given at any time; and
(b) may be given to one or more particular licensees, or to each licensee in one or more classes of licensee, or to all licensees; 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 licensee to obtain an audit report
49(3)
ASIC may also give a licensee a written notice directing the licensee to obtain an audit report, prepared by a suitably qualified person specified in the notice, on a statement, or on each statement in a class of statements, under subsection (1) before the statement is given to ASIC.
49(4)
A notice under subsection (3) is not a legislative instrument.
Notice must specify day by which licensee must comply
49(5)
A notice given under this section must specify the day by which the licensee 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 licensee.
Requirement to comply with notice
49(6)
The licensee must comply with a notice given under this section within the time specified in the notice.
Civil penalty: 5,000 penalty units.
Offence
49(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.
Strict liability offence
49(8)
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: 20 penalty units.
49(9)
Subsection (8) is an offence of strict liability.
Note:
For strict liability, see section 6.1 of the Criminal Code .
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