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NATIONAL CONSUMER CREDIT PROTECTION ACT 2009 - SECT 290

Contraventions of requirements made under this Chapter

  (1)   A person must not intentionally or recklessly refuse or fail to comply with a requirement made under:

  (a)   section   253; or

  (b)   subsection   255(4); or

  (c)   section   265, 266, 267 or 268; or

  (d)   subsection   271(9); or

  (e)   section   272.

Criminal penalty:   2 years imprisonment.

  (2)   A person must not refuse or fail to comply with a requirement made under subsection   255(1) or 264(2), paragraph   258(2)(a) or subsection   274(4), 284(1), (2) or (4).

Criminal penalty:   30 penalty units.

  (3)   A person must comply with a requirement made under subsection   257(2).

Criminal penalty:   20 penalty units.

  (4)   Subsections   (1) and (2) do not apply to the extent that the person has a reasonable excuse.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (4) (see subsection   13.3(3) of the Criminal Code ).

  (5)   Paragraph   (1)(d) does not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (5) (see subsection   13.3(3) of the Criminal Code ).

  (6)   Paragraph   (1)(e) does not apply to the extent that the person has stated the matter to the best of his or her knowledge or belief.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (6) (see subsection   13.3(3) of the Criminal Code ).


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