National Consumer Credit Protection Act 2009

CHAPTER 2 - LICENSING OF PERSONS WHO ENGAGE IN CREDIT ACTIVITIES  

PART 2-3 - CREDIT REPRESENTATIVES AND OTHER REPRESENTATIVES OF LICENSEES  

Division 2 - Authorisation of credit representatives  

SECTION 64   LICENSEE MAY AUTHORISE CREDIT REPRESENTATIVES   Authorisation of credit representative by licensee

64(1)  
A licensee may give a person a written notice authorising the person to engage in specified credit activities on behalf of the licensee.

64(2)  
A person who is authorised under subsection (1) is a credit representative of the relevant licensee.

64(3)  
The credit activities specified may be some or all of the credit activities authorised by the licensee ' s licence. When authorisation is of no effect

64(4)  
The authorisation:


(a) is of no effect if subsection (5) applies to it when it is given; and


(b) ceases to have effect if and when subsection (5) starts to apply to it after it is given;

to the extent that subsection (5) applies.

64(5)  
This section applies to the authorisation to the extent that it purports to authorise:


(a) a person to engage in a credit activity that is not authorised by the licensee ' s licence; or


(b) a person to engage in a credit activity, and a banning order or disqualification order under Part 2-4 is in force against the person in relation to the credit activity; or


(c) a person who is not a member of the AFCA scheme; or


(d) a person who is banned from engaging in a credit activity under a law of a State or Territory; or


(e) a natural person who has been convicted, within the last 10 years, of serious fraud; or


(f) a natural person against whom a prescribed State or Territory order is in force; or


(g) a person that is a body corporate, if a prescribed State or Territory order is in force against a director, secretary or senior manager of the body corporate who would perform duties in relation to the credit activities specified in the authorisation; or


(h) a person that is a partnership or the trustees of a trust, if a prescribed State or Territory order is in force against a partner or trustee who would perform duties in relation to the credit activities specified in the authorisation.




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