Commonwealth Consolidated Acts

NATIONAL CONSUMER CREDIT PROTECTION ACT 2009 - SECT 100

Requirement to prepare and lodge trust account statement

  (1)   The credit service licensee must, for each financial year of the credit service licensee:

  (a)   prepare a written statement in relation to the trust account (the trust account statement ) in accordance with this section; and

  (b)   lodge the trust account statement with ASIC in accordance with this section.

Civil penalty:   5,000 penalty units.

Requirement to prepare and lodge trust account audit report

  (2)   The credit service licensee must, with the trust account statement, lodge with ASIC an auditor's report (the trust account audit report ) in accordance with this section.

Civil penalty:   5,000 penalty units.

Requirements for statement and audit report

  (3)   Each of the trust account statement and trust account audit report must:

  (a)   be in the approved form; and

  (b)   contain the information and matters prescribed by the regulations; and

  (c)   be lodged with ASIC in accordance with section   101.

  (4)   The trust account audit report must be prepared by a person who complies with any eligibility requirements prescribed by the regulations.

Offence

  (5)   The credit service licensee commits an offence if:

  (a)   the credit service licensee is subject to a requirement under subsection   (1) or (2); and

  (b)   the credit service licensee engages in conduct; and

  (c)   the conduct contravenes the requirement.

Criminal penalty:   5 years imprisonment.

    Meaning of financial year

  (6)   A financial year of the credit service licensee means:

  (a)   if the credit service licensee is a body corporate to which section   323D of the Corporations Act 2001 applies--a financial year of the body corporate (within the meaning of that section); and

  (b)   in any other case--a year ending on 30   June.