National Consumer Credit Protection Act 2009
CHAPTER 2
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LICENSING OF PERSONS WHO ENGAGE IN CREDIT ACTIVITIES
PART 2-1
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REQUIREMENT TO BE LICENSED TO ENGAGE IN CREDIT ACTIVITIES
Division 3
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Other prohibitions relating to the requirement to be licensed
SECTION 31
PROHIBITION ON CONDUCTING BUSINESS WITH UNLICENSED PERSONS
Prohibition on conducting business with unlicensed persons
31(1)
A licensee must not:
(a) engage in a credit activity; and
(b) in the course of engaging in that credit activity, conduct business with another person who is engaging in a credit activity;
Offence
31(2)
A person commits an offence if:
(a) the person is subject to a requirement under subsection (1); and
(b) the person engages in conduct; and
(c) the conduct contravenes the requirement.
View history note
Hide history noteProhibition on conducting business with unlicensed persons
31(1)
A licensee must not:
(a) engage in a credit activity; and
(b) in the course of engaging in that credit activity, conduct business with another person who is engaging in a credit activity;
if, by engaging in the credit activity, the other person contravenes section 29 (which deals with the requirement to be licensed).
Civil penalty: 5,000 penalty units.
Offence
31(2)
A person commits an offence if:
(a) the person is subject to a requirement under subsection (1); and
(b) the person engages in conduct; and
(c) the conduct contravenes the requirement.
Criminal penalty: 2 years imprisonment.