Commonwealth Consolidated Acts

NATIONAL CONSUMER CREDIT PROTECTION ACT 2009 - SECT 300

  (1)   ASIC may make one or more of the following:

  (a)   an order restraining a specified person from assigning any interest in a credit contact, mortgage, guarantee or consumer lease;

  (b)   an order restraining a specified person from acquiring any interest in a credit contact, mortgage, guarantee or consumer lease;

  (c)   an order restraining the exercise of rights under a credit contract, mortgage, guarantee or consumer lease;

  (d)   an order directing a:

  (i)   credit provider under a credit contract; or

  (ii)   mortgagee under a mortgage; or

  (iii)   beneficiary of a guarantee under a guarantee; or

  (iv)   lessor under a consumer lease;

    in relation to which an order under this section is in force to give written notice of that order to any person whom the credit provider, mortgagee, beneficiary or lessor knows to be entitled to exercise a right in relation to the credit contract, mortgage, guarantee or consumer lease.

  (2)   An offence under subsection   301(4) relating to subsection   (1) of this section is an offence of strict liability.

Note:   For strict liability, see section   6.1 of the Criminal Code .

  (3)   An order made under subsection   (1) is not a legislative instrument.