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NATIONAL CONSUMER CREDIT PROTECTION ACT 2009 - SECT 55

Suspension or cancellation after offering a hearing

  (1)   ASIC may suspend or cancel a licensee's licence (subject to complying with subsection   (4)) if:

  (a)   the licensee has contravened an obligation under section   47 (which deals with general conduct obligations of licensees); or

  (b)   ASIC has reason to believe that the licensee is likely to contravene an obligation under that section; or

  (c)   the requirement in section   37A (fit and proper person test) is not satisfied in relation to the licensee and the licence; or

  (d)   the application for the licence:

  (i)   was false in a material particular or materially misleading; or

  (ii)   omitted a material matter; or

  (e)   any information, audit report or statement lodged with ASIC in accordance with a request under subsection   37(4) in relation to the application for the licence:

  (i)   was false in a material particular or materially misleading; or

  (ii)   omitted a material matter; or

  (f)   an application made by the licensee under paragraph   45(2)(b) in relation to the licence:

  (i)   was false in a material particular or materially misleading; or

  (ii)   omitted a material matter; or

  (g)   any information, audit report or statement lodged with ASIC in accordance with a request under subsection   46A(3) in relation to an application made by the licensee under paragraph   45(2)(b) in relation to the licence:

  (i)   was false in a material particular or materially misleading; or

  (ii)   omitted a material matter.

  (4)   ASIC may only suspend or cancel a licensee's licence under this section 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 on the matter.


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