National Consumer Credit Protection Act 2009

CHAPTER 5 - ADMINISTRATION  

PART 5-2 - DOCUMENTS LODGED WITH, OR INFORMATION GIVEN OR PROVIDED TO, ASIC OR REQUIRED BY THIS ACT  

Division 2 - Lodging with, or giving or providing to, ASIC  

SECTION 218   ASIC MAY REFUSE TO RECEIVE DOCUMENT OR INFORMATION ETC.  
ASIC may refuse to receive document or information etc.

218(1)    
If ASIC considers that a document or information purportedly lodged with, or given or provided to, ASIC under this Act:

(a)    contains matter contrary to law; or

(b)    contains matter that, in a material particular, is false or misleading in the form or context in which it is included; or

(c)    is incomplete; or

(d)    contravenes this Act; or

(e)    contains an error, alteration or erasure;

ASIC may refuse to receive the document or information and may make a request under subsection (2) .

Note:

Paragraph (d) will apply if, for example, any manner and format requirements for lodging, giving or providing the document or information are not met (see subsection 217A(2) ).

218(2)    
For the purposes of subsection (1) , ASIC may request:

(a)    that the document or information be appropriately amended or completed, and lodged with or given or provided to ASIC; or

(b)    that a fresh document or fresh information be lodged with or given or provided to ASIC in its place; or

(c)    if the document or information is incomplete - that a supplementary document, or supplementary information, be lodged with or given or provided to ASIC.

Notice to provide further document or information

218(3)    
ASIC may give a written notice to a person who purportedly lodges, gives or provides a document or information to ASIC under this Act, requiring the person to:

(a)    give to ASIC any other document; or

(b)    give to ASIC any information;

that ASIC considers necessary in order to form an opinion as to whether it may refuse to receive the first-mentioned document or information.

Notice must specify day by which person must comply

218(4)    
The notice must specify the day by which the person must comply with the notice (which must be a reasonable period after the notice is given). ASIC may extend the day by giving a written notice to the person.

Requirement to comply with notice

218(5)    

The person must comply with the notice within the time specified in the notice.

Civil penalty: 5,000 penalty units.

Strict liability offence

218(6)    

A person commits an offence if:

(a)    the person is subject to a requirement under subsection (5); and

(b)    the person engages in conduct; and

(c)    the conduct contravenes the requirement.

Criminal penalty: 120 penalty units.

218(7)    
Subsection (6) is an offence of strict liability.

Note:

For strict liability, see section 6.1 of the Criminal Code .

Consequences of refusal to receive

218(8)    
If ASIC refuses to receive a document or information, it is taken never to have been lodged with, or given or provided to, ASIC.