Western Australian Current Acts Western Australian Current Acts (1A) Despite anything
in this Act, on and after the referral day no application for a credit
provider’s licence is to be made.
(1) An application for
a credit provider’s licence may be made to the Commissioner —
(a) by a
natural person of or over the age of 18 years; or
(b) by a
body corporate if all persons concerned in the management of the body
corporate are of or over the age of 18 years.
(2) An application
shall be in writing in a form approved by the Minister, shall be accompanied
by the prescribed fee and shall be signed —
(a)
where the application is made by a natural person —by that person; or
(b)
where the application is made —
(i)
by a body corporate having only 2 directors —by
those directors; or
(ii)
by a body corporate having more than 2 directors —
by not fewer than 2 of those directors.
(3) An application
shall specify —
(a) the
name and address —
(i)
where the application is made by a natural person —
of that person; or
(ii)
where the application is made by a body corporate —
of each director of the body corporate;
and
(b)
where the application is made by a body corporate — the date and place
of incorporation of the body corporate, its corporate name and the address of
its registered office or, if it is not incorporated in Australia, the address
of the principal office in Australia; and
(c) the
address of the principal place in the State at which, and the name or names
under which, the applicant intends to carry on business pursuant to the
authority that would be conferred by the licence if it were granted; and
(d)
whether the applicant intends to carry on that business in partnership with
another person; and
(e) such
matters as may be prescribed relating to the financial standing of applicants;
and
(f) such
other matters as may be prescribed.
(4) Where application
is made for a licence and, before the application is granted or refused, a
change occurs in the particulars specified in the application in accordance
with subsection (3), the applicant shall, within 14 days after the occurrence
of the change, give to the Commissioner notice, in writing signed by the
applicant or, where the applicant is a body corporate, by a director of the
body corporate, specifying particulars of the change.
Penalty: $1 000.
(5) An applicant for a
licence shall, if required to do so by the Commissioner, provide the
Commissioner with such particulars additional to those included in the
application as the Commissioner requires.
(6) A person shall not
in, or in relation to, an application under this section, a notice under
subsection (4) or any particulars provided under subsection (5), make a
statement that is false or misleading by reason of the inclusion therein of
any false or misleading matter or the omission therefrom of any material
matter.
Penalty: $5 000.
(7) It is a defence to
a prosecution of a person for an offence under subsection (6) if the person
proves that, when the application was made, the notice given or the
particulars provided, the person —
(a)
believed on reasonable grounds that the false matter was true; or
(b)
believed on reasonable grounds that the misleading matter was not misleading;
or
(c) in
the case of an omission — believed on reasonable grounds that no
material matter had been omitted; or
(d) in
the case of an omission — did not know that the omitted matter was
material.
[Section 9 amended: No. 55 of 2004 s. 182 and
209(1); No. 14 of 2010 s. 18.]