Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
TABLE OF PROVISIONS
Long Title
PART 1--PRELIMINARY
1. Name of Act
2. Dictionary
3. Notes
PART 2--CREDIT PROVIDERS
Division 2.1--Exemptions
4. Exemption—banks
5. Exemption—collection of debts due to former credit providers
6. Exemption—Ministerial determination
Division 2.2--Provision of consumer credit
7. Registration as a consumer credit provider
8. Authorised names
9. Partnerships
Division 2.3--Registration of consumer credit providers
10. Authority given by registration
11. Application for registration
12. Registration
13. Endorsement of names
14. Changed particulars
15. Term of registration
16. Annual fee and statement
17. Cancellation of registration for failure to pay fee or provide statement
18. Surrender of registration
Division 2.3A--Complaints—credit providers
18A. Meaning of credit provider—div 2.3A
18B. Who may complain?
18C. Form of complaint
18D. Withdrawal of complaints
18E. Further information about complaint etc
18F. Investigation of complaint
18G. No further action on complaint
18H. Action after investigating complaint
Division 2.4--Occupational discipline—credit providers
19. Meaning of credit provider—div 2.4
20. Grounds for occupational discipline
21. Application to ACAT for occupational discipline—credit provider
22. Orders for occupational discipline
23. Credit provider not liable for penalties
24. Extension of time for complying with directions
24AA. Powers of inquiry
24AB. Cancellation or suspension for insolvency etc
Division 2.4A--Offences—credit providers
24AC. Offence—comply with orders
24AD. Offence—return registration to place conditions etc
24AE. Offence—return suspended or cancelled registration
24AF. Offence—disqualified credit providers to have no concern in credit businesses
Division 2.5--General
24A. Civil penalties—credit providers
25. Death of registered credit provider
26. Register of credit providers
27. Access to register
PART 3--FINANCE BROKING
Division 3.1--Exemptions
29. Exemption—particular entities
30. Exemption—finance broking in the course of another business
31. Exemption—Ministerial determination
Division 3.2--Finance broking
32. Registration as a finance broker
33. Advertising
34. Records
35. Commissions
36. Valuation fees
37. False statements about credit provision
38. Authorised names
39. Partnerships
40. Proof of finance broking offences
Division 3.3--Registration of finance brokers
41. Authority given by registration
42. Application for registration
43. Registration
44. Endorsement of names
45. Changed particulars
46. Term of registration
47. Annual fee and statement
48. Cancellation of registration for failure to pay fee or provide statement
49. Surrender of registration
Division 3.3A--Complaints—finance brokers
49A. Meaning of finance broker—div 3.3A
49B. Who may complain?
49C. Form of complaint
49D. Withdrawal of complaints
49E. Further information about complaint etc
49F. Investigation of complaint
49G. No further action on complaint
49H. Action after investigating complaint
Division 3.4--Occupational discipline—finance brokers
50. Meaning of finance broker—div 3.4
51. Grounds for occupational discipline
52. Application to ACAT for occupational discipline—finance brokers
53. Orders for occupational discipline
54. Finance broker not liable for penalties
55. Extension of time for complying with directions
55AA. Powers of inquiry
55AB. Cancellation or suspension for insolvency etc
Division 3.4A--Offences—finance brokers
55AC. Offence—comply with orders
55AD. Offence—return registration for conditions
55AE. Offence—return suspended or cancelled registration
55AF. Offence—disqualified finance brokers
Division 3.5--General
55A. Civil penalties—finance brokers
56. Death of registered finance broker
57. Register of finance brokers
58. Access to register
59. False or misleading statements
PART 5--INQUIRIES
99. Meaning of inquirer—pt 5
100. Executive may order inquiry
101. Notice of inquiry
102. Application of Inquiries Act 1991
103. Findings and recommendations
PART 6--UNJUST CONDUCT
105. Undertakings
106. Registration of undertakings
107. Orders by ACAT
108. Contravention of orders
PART 7--ROLE OF COMMISSIONER
Division 7.1--Functions generally
109. Functions
Division 7.2--Functions in relation to proceedings
111. Representing other people before ACAT
112. Taking or defending proceedings for other people
113. Conduct of proceedings so taken or defended
114. Intervention by Minister or commissioner
115. Presumption that Minister has consented
116. Investigation of certain applications to ACAT
Division 7.3--Powers in relation to investigations
117. Investigators
118. Powers of entry and inspection
119. Consent to entry
120. Search warrants
121. Power to obtain information or documents
122. Retaining and copying documents produced
123. Obstructing etc investigator
PART 8--FINANCIAL COUNSELLING TRUST FUND
124. Continuation of fund
125. Payments to fund
125A. Payment into ACAT trust account
126. Payments from fund
127. Bank account
PART 8A--NOTIFICATION AND REVIEW OF DECISIONS
128. Meaning of reviewable decision—pt 8A
129. Reviewable decision notices
130. Applications for review
PART 9--MISCELLANEOUS
134. Secrecy
135. Limitation on prosecution
136. Conduct of agents
137. Extensions of time
138. Registration—evidence
138A. Joint liability
140. Determination of fees
140A. Approved forms
141. Regulation-making power
SCHEDULE 1
DICTIONARY
ENDNOTES