Commonwealth Consolidated Acts

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NATIONAL CONSUMER CREDIT PROTECTION ACT 2009 - SECT 301P

Enforcement of product intervention orders

  (1)   A person must not engage in conduct contrary to a product intervention order that is in force in relation to the person.

Civil penalty:   5,000 penalty units.

  (2)   A person must not engage in conduct contrary to a product intervention order.

Criminal penalty:   5 years imprisonment.

  (3)   A person who is required by a product intervention order to take reasonable steps to notify a consumer must comply with the requirement.

Civil penalty:   5,000 penalty units.

Note:   For this requirement, see section   301N.

  (4)   A person who is required by a product intervention order to take reasonable steps to notify a consumer must comply with the requirement.

Criminal penalty:   5 years imprisonment.

Note:   For this requirement, see section   301N.

  (5)   Subsections   (1), (2), (3) and (4) do not apply if:

  (a)   the product intervention order is not a legislative instrument; and

  (b)   the person was not aware, and could not reasonably have been aware, of the order.

  (6)   If a product intervention order has been served on a person, the person must take all reasonable steps to ensure that other persons who engage in conduct to which the order applies are aware of the order.

Civil penalty:   5,000 penalty units.

  (7)   If a product intervention order has been served on a person, the person must take all reasonable steps as soon as practicable to ensure that other persons who engage in conduct to which the order applies are aware of the order.

Criminal penalty:   5 years imprisonment.


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