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NATIONAL CONSUMER CREDIT PROTECTION (FINTECH SANDBOX AUSTRALIAN CREDIT LICENCE EXEMPTION) REGULATIONS 2020 - REG 11

Exemption ceases because of ASIC decision

  (1)   ASIC may, by written notice given to the provider, cancel the provider's exemption under section   6 for an eligible credit activity if:

  (a)   one or more of paragraphs 8(1)(c) to (i) now apply for the provider and the credit activity; or

  (b)   a condition in section   14, 15, 16, 17 or 18 is not met for the credit activity; or

  (c)   ASIC reasonably believes that engaging in the credit activity has resulted in significant detriment to one or more consumers.

Note 1:   Before, or instead of, acting under this section for a failure to meet a condition in paragraph   (b), ASIC could seek an order for the provider to comply with the condition (see subsection   110(3) of the Act).

Note 2:   Before, or instead of, acting under this section because of paragraph   (c), ASIC could consider making a make - good order (see section   18).

  (2)   The cancellation takes effect on the day specified in the notice, which must not be a day before the notice is given to the provider.

  (3)   Applications may be made to the Administrative Review Tribunal for review of decisions made by ASIC under subsection   (1).

Note:   This subsection is made for the purposes of paragraph   327(1)(i) of the Act.



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