National Consumer Credit Protection Act 2009

CHAPTER 2 - LICENSING OF PERSONS WHO ENGAGE IN CREDIT ACTIVITIES  

PART 2-3 - CREDIT REPRESENTATIVES AND OTHER REPRESENTATIVES OF LICENSEES  

Division 3 - Information about representatives  

SECTION 73   ASIC MAY GIVE LICENSEE INFORMATION ABOUT REPRESENTATIVES  
ASIC may give licensee information about representatives

73(1)    
If ASIC considers it appropriate to do so, it may give information to a licensee about a person whom ASIC believes is, or will be, a representative of the licensee. However, ASIC may only do so if it believes, on reasonable grounds, that the information is true.

Requirements about use of information

73(2)    
A licensee to whom information is given under subsection (1) may make use of, make a record of, or give to another person, the information for a purpose connected with:

(a)    the licensee making a decision about what action (if any) to take in relation to the representative, as a consequence of receiving the information; or

(b)    the licensee taking action pursuant to such a decision.

73(3)    

A licensee to whom information is given under subsection (1) must not make use of, make a record of, or give to another person, the information other than as permitted by subsection (2) .

Civil penalty: 5,000 penalty units.

73(4)    
A person to whom information has been given for a purpose or purposes under subsection (2) or this subsection may make use of, make a record of, or give to another person, that information for that purpose or any of those purposes.

73(5)    

A person to whom information has been given for a purpose or purposes under subsection (2) or (4) must not make use of, make a record of, or give to another person, the information other than as permitted by subsection (4) .

Civil penalty: 5,000 penalty units.

Offence

73(6)    

A person commits an offence if:

(a)    the person is subject to a requirement under subsection (3) or (5) ; and

(b)    the person engages in conduct; and

(c)    the conduct contravenes the requirement.

Criminal penalty: 1 year imprisonment.

Qualified privilege

73(7)    
A person has qualified privilege in relation to an act done by the person under subsection (2) or (4) .

Use of information obtained under this section in court

73(8)    
A person to whom information is given in accordance with this section must not give any of the information to a court, or produce in a court a document that sets out some or all of the information, except:

(a)    for a purpose connected with:

(i) a licensee making a decision about what action (if any) to take in relation to the representative, as a consequence of receiving some or all of the information; or

(ii) a licensee taking action pursuant to that decision; or

(iii) proving in proceedings in that court that particular action taken by a licensee in relation to the representative was taken pursuant to that decision; or

(b)    in proceedings in that court, in so far as the proceedings relate to an alleged contravention of this section; or

(c) in proceedings about giving to a court false information some, at least, of which was the information given under this section.

73(9)    
For the purposes of subsection (8) , a licensee takes action in relation to a representative if the licensee:

(a)    takes action by way of making, terminating or varying the terms and conditions of an agreement; or

(b)    otherwise takes action in relation to an agreement;

to the extent that the agreement relates to the representative acting on behalf of the licensee.

73(10)    
Subsection (8) also has the effect it would have if:

(a)    

a reference in it to a court were a reference to a court of a country outside Australia; and

(b)    paragraph (8)(b) were omitted.