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National Consumer Credit Protection Act 2009

Submitted by Richard_Li on
Distinguished Terms in this instrument
Term(s) Definition Defined in Legislation See Section(s)
designated secrecy provision

has the meaning given by subsection 212N(3).

National Consumer Credit Protection Act 2009 National Consumer Credit Protection Act 2009 - 212N Authorisation of recording or disclosure
National Consumer Credit Protection Act 2009 - 5 Provision of credit to which this Code applies
direct debit

, in relation to the payment of an amount, means the debiting of an amount against an account with a financial institution that is processed through the Bulk Electronic Clearing System, as specified and authorised in writing by:

National Consumer Credit Protection Act 2009
director

of a company or other body means:

Corporations Act 2001
disclosure framework

means the disclosure framework made by the Registrar under section 212L.

National Consumer Credit Protection Act 2009 National Consumer Credit Protection Act 2009 - 212L Disclosure framework
National Consumer Credit Protection Act 2009 - 5 Provision of credit to which this Code applies
dispose

of property includes:

National Consumer Credit Protection Act 2009
disqualification order

means an order of the court under section 86.

National Consumer Credit Protection Act 2009 National Consumer Credit Protection Act 2009 - 5 Provision of credit to which this Code applies
National Consumer Credit Protection Act 2009 - 86 Compensation to debtor or mortgagor
document registers

: see section 219.

National Consumer Credit Protection Act 2009 National Consumer Credit Protection Act 2009 - 219 Register of documents lodged with ASIC
National Consumer Credit Protection Act 2009 - 5 Provision of credit to which this Code applies
electronic communication

means:

Electronic Transactions Act 1999
eligible credit account

: see section 133CO.

National Consumer Credit Protection Act 2009 National Consumer Credit Protection Act 2009 - 133CO Meaning of eligible credit account
National Consumer Credit Protection Act 2009 - 5 Provision of credit to which this Code applies
eligible credit reporting body

: see subsection 133CN(2).

National Consumer Credit Protection Act 2009 National Consumer Credit Protection Act 2009 - 133CN Meanings of eligible licensee and eligible credit reporting body
National Consumer Credit Protection Act 2009 - 5 Provision of credit to which this Code applies
eligible licensee

: see subsection 133CN(1).

National Consumer Credit Protection Act 2009 National Consumer Credit Protection Act 2009 - 133CN Meanings of eligible licensee and eligible credit reporting body
National Consumer Credit Protection Act 2009 - 5 Provision of credit to which this Code applies
enforceable code provision

means a provision of an approved code of conduct identified by ASIC under subsection 238A(2).

National Consumer Credit Protection Act 2009 National Consumer Credit Protection Act 2009 - 238A Approved codes of conduct
National Consumer Credit Protection Act 2009 - 5 Provision of credit to which this Code applies
enforcement expenses

, in relation to a mortgage, includes expenses incurred by the mortgagee in preserving or maintaining property subject to the mortgage (including insurance, rates and taxes payable for the property) but only if the expenses are incurred after a breach occurs and are authorised by the mortgage.

National Consumer Credit Protection Act 2009
enforcement proceedings

means:

National Consumer Credit Protection Act 2009
engage in conduct

means:

National Consumer Credit Protection Act 2009 National Consumer Credit Protection Act 2009 - 5 Provision of credit to which this Code applies
evidential burden

, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.

National Consumer Credit Protection Act 2009 National Consumer Credit Protection Act 2009 - 5 Provision of credit to which this Code applies
examination

, when used in Chapter 6 (which deals with compliance and enforcement), means an examination of a person pursuant to a requirement made under section 253.

National Consumer Credit Protection Act 2009 National Consumer Credit Protection Act 2009 - 253 Notice requiring appearance for examination
National Consumer Credit Protection Act 2009 - 5 Provision of credit to which this Code applies
expenses

, in relation to an investigation under Part 6 ‐ 1, includes costs and expenses incurred by ASIC in relation to proceedings brought under section 275 as a result of the investigation.

National Consumer Credit Protection Act 2009 National Consumer Credit Protection Act 2009 - 275 ASIC may bring civil proceedings
National Consumer Credit Protection Act 2009 - 5 Provision of credit to which this Code applies
fail

includes refuse.

National Consumer Credit Protection Act 2009
Federal Court

means the Federal Court of Australia.

National Consumer Credit Protection Act 2009 National Consumer Credit Protection Act 2009 - 5 Provision of credit to which this Code applies

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