Commonwealth Consolidated Acts

NATIONAL CONSUMER CREDIT PROTECTION ACT 2009 - SECT 45

ASIC may impose, vary or revoke conditions on licences

  (1)   Subject to section   46A, ASIC may, at any time:

  (a)   impose conditions, or additional conditions, on a licence; and

  (b)   vary or revoke conditions imposed on a licence.

  (2)   ASIC may do so:

  (a)   on its own initiative; or

  (b)   if the licensee lodges an application with ASIC for the imposition, variation or revocation.

  (3)   The application must be in the approved form.

Notice and effect of imposition, variation or revocation of conditions

  (4)   ASIC must give the licensee written notice of the imposition, variation or revocation of the conditions. The imposition, variation or revocation of the conditions comes into force on the day specified in the notice, which must not be before the day on which the decision to impose, vary or revoke the conditions was made.

ASIC must give the licensee a hearing

  (5)   Despite subsection   (1), ASIC may only impose conditions or additional conditions, or vary or revoke the conditions, on the licence after giving the licensee an opportunity:

  (a)   to appear, or be represented, at a hearing before ASIC that takes place in private; and

  (b)   to make submissions to ASIC in relation to the conditions.

This subsection does not apply to ASIC imposing conditions when the licence is granted, or imposing or varying conditions in accordance with an application under paragraph   (2)(b).

Condition in relation to credit activities authorised

  (6)   ASIC must ensure that the licence is subject to a condition that specifies the credit activities or classes of credit activities that the licensee is authorised to engage in.

Regulations may prescribe conditions

  (7)   The licence is subject to such other conditions as are prescribed by the regulations. However, ASIC cannot vary or revoke those conditions.