National Consumer Credit Protection Act 2009
Authorisation of credit representative by licensee
64(1)
A licensee may give a person a written notice authorising the person to engage in specified credit activities on behalf of the licensee.
64(2)
A person who is authorised under subsection (1) is a credit representative of the relevant licensee.
64(3)
The credit activities specified may be some or all of the credit activities authorised by the licensee ' s licence.
When authorisation is of no effect
64(4)
The authorisation:
(a) is of no effect if subsection (5) applies to it when it is given; and
(b) ceases to have effect if and when subsection (5) starts to apply to it after it is given;
to the extent that subsection (5) applies.
64(5)
This section applies to the authorisation to the extent that it purports to authorise:
(a) a person to engage in a credit activity that is not authorised by the licensee ' s licence; or
(b) a person to engage in a credit activity, and a banning order or disqualification order under Part 2-4 is in force against the person in relation to the credit activity; or
(c) a person who is not a member of the AFCA scheme; or
(d) a person who is banned from engaging in a credit activity under a law of a State or Territory; or
(e) a natural person who has been convicted, within the last 10 years, of serious fraud; or
(f) a natural person against whom a prescribed State or Territory order is in force; or
(g) a person that is a body corporate, if a prescribed State or Territory order is in force against a director, secretary or senior manager of the body corporate who would perform duties in relation to the credit activities specified in the authorisation; or
(h) a person that is a partnership or the trustees of a trust, if a prescribed State or Territory order is in force against a partner or trustee who would perform duties in relation to the credit activities specified in the authorisation.
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