Commonwealth Consolidated Acts

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NATIONAL CONSUMER CREDIT PROTECTION ACT 2009 - SECT 248

Minister may direct investigations

  (1)   If, in the Minister's opinion, it is in the public interest in relation to this jurisdiction for a particular matter to which subsection   (2) applies to be investigated, he or she may by writing direct ASIC to investigate that matter.

  (2)   This subsection applies to a matter relating to any of the following:

  (a)   an alleged or suspected contravention of the Commonwealth credit legislation;

  (b)   an alleged or suspected contravention of a law of the Commonwealth, or a law of a referring State or a Territory, being a contravention that:

  (i)   concerns the management, conduct or affairs of a licensee, credit representative or other person who engages, or has engaged, in a credit activity; or

  (ii)   involves fraud or dishonesty and relates to a credit activity engaged in by a person, or a credit contract, mortgage, guarantee or consumer lease;

  (c)   a credit activity engaged in by a person.

  (3)   ASIC must comply with a direction under subsection   (1).

  (4)   A direction under subsection   (1) does not prevent ASIC from delegating a function or power.

  (5)   A direction under subsection   (1) is not a legislative instrument.


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