National Consumer Credit Protection Act 2009
CHAPTER 3
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RESPONSIBLE LENDING CONDUCT
PART 3-5A
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MORTGAGE BROKERS AND MORTGAGE INTERMEDIARIES
A credit representative of a licensee must not accept conflicted remuneration in circumstances prescribed by the regulations if the credit representative or the licensee is:
(a) a mortgage broker; or
(b) a mortgage intermediary.
158NC(2)
The licensee must take reasonable steps to ensure that the credit representative complies with subsection (1).
Division 4
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Conflicted remuneration
Subdivision B
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Ban on accepting conflicted remuneration
SECTION 158NC
CREDIT REPRESENTATIVE MUST NOT ACCEPT CONFLICTED REMUNERATION
158NC(1)
A credit representative of a licensee must not accept conflicted remuneration in circumstances prescribed by the regulations if the credit representative or the licensee is:
(a) a mortgage broker; or
(b) a mortgage intermediary.
Civil penalty: 5,000 penalty units.
158NC(2)
The licensee must take reasonable steps to ensure that the credit representative complies with subsection (1).
Civil penalty: 5,000 penalty units.