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NATIONAL CONSUMER CREDIT PROTECTION (FINTECH SANDBOX AUSTRALIAN CREDIT LICENCE EXEMPTION) REGULATIONS 2020 - REG 5

Definitions

    In this instrument:

"Act" means the National Consumer Credit Protection Act 2009 .

"Chapter 5 body corporate" has the same meaning as in the Corporations Act 2001 .

"eligible credit activity" means a credit activity that:

  (a)   is covered by item   1 or 2 of the table in subsection   6(1) of the Act; and

  (b)   has a related credit contract, or proposed credit contract, (the relevant contract );

if each of the following paragraphs applies to the relevant contract:

  (c)   the relevant contract is not a reverse mortgage or a small amount credit contract;

  (d)   none of the amount of credit that may be provided under the relevant contract is secured by a charge or lien over a consumer's household property covered by subsection   27(1) of the Bankruptcy Regulations   2021 (worked out as if the consumer were a bankrupt);

  (e)   the credit limit of the relevant contract is more than $2,000 but does not exceed $25,000;

  (f)   the term of the relevant contract does not exceed 4 years.

"eligible person" , for an eligible credit activity, means a person who:

  (a)   is none of the following:

  (i)   a person authorised by a licence to engage in the eligible credit activity;

  (ii)   a credit representative of a licensee for engaging in the eligible credit activity;

  (iii)   a related body corporate of a body corporate covered by subparagraph   (i) or (ii);

  (iv)   a natural person who is neither an Australian citizen, nor a permanent resident, within the meaning of the Australian Citizenship Act 2007 ; and

  (b)   if the person is a foreign company--is registered under Division   2 of Part   5B.2 of the Corporations Act 2001 .

"provider" has the meaning given by section   6.

"testing period" has the meaning given by section   7.

 



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