Australian Capital Territory
Consumer Credit (Administration) Act 1996    
A1996-41
Republication No 12
Effective:  11 January 2006 – 28 September 2006
Republication date: 11 January 2006
Last amendment made by A2005-53
(republication for commenced expiry)

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Consumer Credit (Administration) Act 1996 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 11 January 2006.  It also includes any amendment, repeal or expiry affecting the republished law to 11 January 2006.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Australian Capital Territory
Consumer Credit (Administration) Act 1996

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	3	Definitions for Act	2
Part 2	Credit providers
Division 2.1	Exemptions
	4	Exemption—banks	6
	5	Exemption—collection of debts due to former credit providers	6
	6	Exemption—Ministerial determination	6
Division 2.2	Provision of consumer credit
	7	Registration as a consumer credit provider	7
	8	Authorised names	7
	9	Partnerships	8
Division 2.3	Registration of consumer credit providers
	10	Authority given by registration	8
	11	Application for registration	8
	12	Registration	9
	13	Endorsement of names	10
	14	Changed particulars	10
	15	Term of registration	10
	16	Annual fee and statement	11
	17	Cancellation of registration for failure to pay fee or provide statement	12
	18	Surrender of registration	12
Division 2.4	Disciplinary procedures
	18A	Meaning of credit provider for div 2.4	13
	19	Powers of inquiry	13
	20	Cancellation or suspension for bankruptcy, fraud, dishonesty or incapacity	13
	21	Grounds for other disciplinary action	15
	22	Complaints against credit providers	16
	23	Notice to show cause	16
	24	Disciplinary action	16
Division 2.5	General
	24A	Civil penalties—credit providers	18
	25	Death of registered credit provider	20
	26	Register of credit providers	21
	27	Access to register	21
Part 3	Finance broking
Division 3.1	Exemptions
	29	Exemption—particular entities	22
	30	Exemption—finance broking in the course of another business	23
	31	Exemption—Ministerial determination	23
Division 3.2	Finance broking
	32	Registration as a finance broker	24
	33	Advertising	24
	34	Records	24
	35	Commissions	25
	36	Valuation fees	26
	37	False statements about credit provision	27
	38	Authorised names	27
	39	Partnerships	28
	40	Proof of finance broking offences	28
Division 3.3	Registration of finance brokers
	41	Authority given by registration	29
	42	Application for registration	29
	43	Registration	30
	44	Endorsement of names	30
	45	Changed particulars	31
	46	Term of registration	31
	47	Annual fee and statement	31
	48	Cancellation of registration for failure to pay fee or provide statement	32
	49	Surrender of registration	33
Division 3.4	Disciplinary procedures
	49A	Meaning of finance broker for div 3.4	33
	50	Powers of inquiry	34
	51	Cancellation or suspension for bankruptcy, fraud, dishonesty or incapacity	34
	52	Grounds for other disciplinary action	35
	53	Complaints against finance brokers	36
	54	Notice to show cause	37
	55	Disciplinary action	37
Division 3.5	General
	55A	Civil penalties—finance brokers	39
	56	Death of registered finance broker	40
	57	Register of finance brokers	42
	58	Access to register	42
	59	False or misleading statements	42
Part 4	Credit tribunal
Division 4.1	Establishment, functions and powers
	60	Continuation of tribunal	43
	61	Functions and powers	43
Division 4.2	Tribunal members
	62	Membership of tribunal	43
	63	Presidential members	44
	64	Non-presidential members	44
	65	Terms of appointment generally	44
	66	Matters to be included in appointment etc	44
	67	Duration of appointment	45
Division 4.3	Registrar and deputy registrars
	69	Registrar and deputy registrars	45
Division 4.4	Proceedings
	71	Constitution of tribunal	46
	72	Role of president	47
	73	Presiding member	47
	74	Procedure	47
	75	Directions by presidential member	47
	76	Assistance from commissioner	48
	77	Deciding questions	48
	78	Referral of questions of law to Supreme Court	48
	79	Joint liability	48
	80	Legal personal representatives	49
	81	Adding parties	49
	82	Notice of proceeding	49
	83	Appearance and representation	50
	84	Failure to appear	50
	85	Hearings	50
	86	Witness subpoenas	51
	87	Power to require witness to take oath etc	52
	88	Inspection and retention of documents and things	53
	89	Adjournments and stays	54
	90	Dismissal of proceedings	54
	91	Costs	54
	92	Orders for payment of money	55
	93	Reasons for decisions of tribunal	55
Division 4.5	Appeals to Supreme Court
	94	Appeals from tribunal decisions	56
	95	Appeals from Magistrates Court decisions	57
Division 4.6	General
	97	Application of Criminal Code, ch 7	57
	98	Protection of members etc	57
Part 5	Inquiries
	100	Executive may order inquiry	58
	101	Notice of inquiry	58
	102	Application of Inquiries Act 1991	59
	104	Findings and recommendations	60
Part 6	Unjust conduct
	105	Undertakings	61
	106	Registration of undertakings	62
	107	Orders by tribunal	62
	108	Contravention of orders	63
Part 7	Role of commissioner
Division 7.1	Functions and powers generally
	109	Functions	64
	110	Powers	64
Division 7.2	Functions in relation to proceedings
	111	Representing other persons before tribunal	65
	112	Taking or defending proceedings for other persons	65
	113	Conduct of proceedings so taken or defended	66
	114	Intervention by Minister or commissioner	66
	115	Presumption that Minister has consented	67
	116	Investigation of certain applications to tribunal	67
Division 7.3	Powers in relation to investigations
	117	Investigators	67
	118	Powers of entry and inspection	68
	119	Consent to entry	69
	120	Search warrants	70
	121	Power to obtain information or documents	71
	122	Retaining and copying documents produced	72
	123	Obstructing etc investigator	72
Part 8	Financial counselling trust fund
	124	Continuation of fund	73
	125	Payments to fund	73
	126	Payments from fund	74
	127	Bank account	74
Part 9	Miscellaneous
Division 9.1	Review by credit tribunal
	128	Review of decisions—credit providers	75
	129	Review of decisions—finance brokers	76
	130	Notification of decisions	77
	131	Application for review	77
	132	Review by tribunal	78
Division 9.2	General
	134	Secrecy	78
	135	Limitation on prosecution	79
	136	Conduct of agents	79
	137	Extensions of time	80
	138	Registration—evidence	80
	140	Determination of fees	80
	140A	Approved forms	80
	141	Regulation-making power	81
Endnotes
	1	About the endnotes	82
	2	Abbreviation key	82
	3	Legislation history	83
	4	Amendment history	85
	5	Earlier republications	94

Australian Capital Territory
Consumer Credit (Administration) Act 1996

An Act relating to the administration of the consumer credit industry

    

Part 1	Preliminary
1	Name of Act
This Act is the Consumer Credit (Administration) Act 1996.
3	Definitions for Act
In this Act:
Note	A definition applies except so far as the contrary intention appears (see Legislation Act 2001, s 155).
commissioner means the commissioner for fair trading.
consumer credit means credit to which the consumer credit legislation applies, and includes arrangements under a consumer lease within the meaning of the Credit Code.
consumer credit legislation means the following legislation:
	(a)	this Act;
	(b)	the Consumer Credit Act 1995;
	(c)	the Consumer Credit (Australian Capital Territory) Code;
	(d)	the Consumer Credit (Australian Capital Territory) Regulations;
	(e)	the Credit Act 1985.
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act 2001, s 104).
consumer member—see section 64 (2).
Credit Code means the Consumer Credit (Australian Capital Territory) Code.
credit provider means a credit provider under the consumer credit legislation, and includes a prospective credit provider.
debtor means a debtor under the consumer credit legislation, and includes a prospective debtor.
decision includes a determination, judgment or order.
defined influential person, in relation to a credit provider or a finance broker, means—
	(a)	if the credit provider or finance broker is a body corporate—the secretary or a director of the body; or
	(b)	in any case—
	(i)	a person substantially concerned in the direction or management of the credit provider or finance broker; or
	(ii)	a person able to control, or to substantially influence, the activities or internal affairs of the credit provider or finance broker.
deputy president means a deputy president of the tribunal.
finance broker means a person who (whether or not carrying on any other business) carries on the business of finance broking.
finance broking means negotiating, or acting as intermediary to obtain, consumer credit for persons other than an employer or principal of the person so negotiating or  acting.
financial institution means—
	(a)	a building society; or
	(b)	a credit union; or
	(c)	a body registered under the Cooperatives Act 2002; or
	(d)	a body registered or incorporated under a law of a State or another Territory corresponding to the Cooperatives Act 2002.
industry member—see section 64 (2).
investigator means the commissioner or a person who is authorised by the commissioner under section 117.
member, of the tribunal, means the president, a deputy president or a non-presidential member.
non-presidential member means a member of the tribunal who is not a presidential member.
premises means any place occupied by—
	(a)	a credit provider, finance broker, debtor, guarantor, mortgagee or mortgagor under the consumer credit legislation; or
	(b)	a supplier in relation to—
	(i)	a trade or tie agreement under the Credit Act 1985; or
	(ii)	a tied continuing credit contract or tied loan contract under the Credit Code; or
	(c)	any other person who has, or whom the commissioner believes on reasonable grounds to have, entered into a transaction to which the consumer credit legislation applies.
president means the president of the tribunal.
presidential member means the president or a deputy president.
proceeding means a proceeding of the tribunal, other than an inquiry under part 5.
registered credit provider means a credit provider who is registered under section 12.
registered finance broker means a finance broker who is registered under section 43.
registrar means the registrar of the tribunal.
registration means—
	(a)	in relation to a credit provider—registration under section 12; or
	(b)	in relation to a finance broker—registration under section 43.
tribunal means the Australian Capital Territory Credit Tribunal.
unjust conduct means conduct that—
	(a)	is dishonest or unfair; or
	(b)	breaches a contract; or
	(c)	contravenes the consumer credit legislation.

Part 2	Credit providers
Division 2.1	Exemptions
4	Exemption—banks
Division 2.2 (Provision of consumer credit) and division 2.3 (Registration of consumer credit providers) do not apply to a bank.
5	Exemption—collection of debts due to former credit providers
This part does not apply in relation to the collection of money due to another person if—
	(a)	the other person is a former registered credit provider or a former holder of a credit provider’s licence under the Credit Act 1985, or if the person’s registration as a credit provider is suspended; and
	(b)	the money is collected under a contract for consumer credit entered into by the other person under the authority given under this part, or under the Credit Act 1985, part 11, by the registration or licence.
6	Exemption—Ministerial determination
	(1)	A provision of this part does not apply in relation to a credit provider if a determination under subsection (2) is in force exempting that person from the application of the provision, to the extent set out in the determination.
	(2)	The Minister may, in writing, make a determination exempting a credit provider from the application of this part, in part or in whole, and to the extent set out in the determination.
	(3)	A determination under subsection (2) is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
Division 2.2	Provision of consumer credit
7	Registration as a consumer credit provider
	(1)	A person shall not provide consumer credit unless the person is registered as a credit provider.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(2)	An individual shall not hold himself or herself out as a provider of consumer credit unless the person is registered as a credit provider.
Maximum penalty:  30 penalty units.
	(3)	A body corporate shall not hold itself out as a provider of consumer credit unless it is registered as a credit provider.
Maximum penalty:  30 penalty units.
8	Authorised names
	(1)	A registered credit provider shall not provide consumer credit otherwise than under the credit provider’s name or another name under which the credit provider is authorised under section 10 to provide consumer credit.
Maximum penalty:  30 penalty units.
	(2)	A registered credit provider who is an individual shall not hold himself or herself out as providing consumer credit otherwise than under his or her name or another name under which he or she is authorised under section 10 to provide consumer credit.
Maximum penalty:  50 penalty units.
	(3)	A registered credit provider that is a body corporate shall not hold itself out as providing consumer credit otherwise than under the body’s name or another name under which the body is authorised under section 10 to provide consumer credit.
Maximum penalty:  50 penalty units.
9	Partnerships
A registered credit provider shall not provide consumer credit in partnership with a person who is not registered as a credit provider.
Maximum penalty:  50 penalty units.
Division 2.3	Registration of consumer credit providers
10	Authority given by registration
Subject to the consumer credit legislation and the Business Names Act 1963, registration as a credit provider authorises the registered person to provide consumer credit under the person’s name and under any other name endorsed on the registration certificate.
11	Application for registration
	(1)	An application for registration as a credit provider may be made to the commissioner in writing—
	(a)	by an individual who has attained the age of 18 years; or
	(b)	by a body corporate.
Note 1	A fee may be determined under s 140 (Determination of fees) for this section.
Note 2	If a form is approved under section 140A (Approved forms) for an application, the form must be used.
	(2)	An application shall specify—
	(a)	the applicant’s name and address; and
	(b)	if the applicant is a body corporate—the name and address of each director of the body; and
	(c)	the name or names under which the applicant intends to carry on business as a credit provider in the ACT; and
	(d)	the address of each place where the applicant intends to carry on business as a credit provider in the ACT, indicating which of these is the principal place of business; and
	(e)	whether the applicant’s business as a credit provider is to be carried on in partnership with any other person; and
	(f)	any other matters prescribed by the regulations.
	(3)	An applicant for registration shall provide the commissioner with such particulars additional to those included in the application as the commissioner may require.
12	Registration
	(1)	On an application for registration as a credit provider in accordance with section 11, the commissioner shall register the applicant unless the applicant is disqualified from registration—
	(a)	as a credit provider under this part; or
	(b)	as a finance broker under part 3.
Note 1	A fee may be determined under s 140 (Determination of fees) for this section.
Note 2	If a form is approved under section 140A (Approved forms) for an application under this section or a registration certificate, the form must be used.
	(2)	On registering a person as a credit provider, the commissioner shall issue a registration certificate to the person.
	(3)	If a registration certificate issued to a credit provider, or any duplicate subsequently issued to the credit provider under this subsection, has been stolen, lost or destroyed, the commissioner must, on application by the credit provider, issue a duplicate.
13	Endorsement of names
	(1)	On registration, or on application by a registered credit provider under subsection (2), the commissioner shall endorse the registration certificate with the name of the registered credit provider and any additional name or names under which the registered person intends to carry on, or carries on, business as a credit provider.
	(2)	On written application by a registered credit provider (accompanied by the registration certificate), the commissioner shall add, amend or omit an endorsement of a name on the registration certificate in accordance with the application.
14	Changed particulars
A registered credit provider shall give written notice to the commissioner specifying any change in the particulars notified on application for registration, or in particulars subsequently notified under this section, within 14 days after the change. 
Maximum penalty:  10 penalty units.
15	Term of registration
Registration as a credit provider continues in force until it is surrendered or cancelled, except during any period during which the registration is suspended.
16	Annual fee and statement
	(1)	A registered credit provider shall lodge with the commissioner the annual fee on or before 27 March each year, or within such extended period as the commissioner allows under subsection (3).
	(2)	A person who has been a registered credit provider at any time during the period of 12 months before 28 February in each year shall, on or before 27 March in that year, or within such extended period as the commissioner allows under subsection (3), lodge with the commissioner a statement in respect of that part of the period of 12 months before 28 February in that year during which the person provided consumer credit.
Note	If a form is approved under section 140A (Approved forms) for the statement , the form must be used.
	(3)	The commissioner may, in writing, extend, or further extend, the period for compliance with subsection (1) or (2) on application before the expiry of the period by the person required to comply with the subsection.
	(4)	A person who is not registered as a credit provider who fails to comply with subsection (2) commits an offence.
Maximum penalty:  20 penalty units.
	(5)	In this section:
annual fee means the annual fee determined under section 140 (Determination of fees) for this section.
registered credit provider, in relation to the period of 12 months before 28 February in any year, includes a person whose registration was suspended for any part of that period, or for the whole of that period.
17	Cancellation of registration for failure to pay fee or provide statement
	(1)	If a registered credit provider fails to lodge a fee or a statement in accordance with section 16, the commissioner shall give the credit provider written notice that the registration will be cancelled unless the fee or statement is lodged within a specified period (being a period of not less than 14 days after the date of the notice).
	(2)	If a registered credit provider fails to pay a fee or lodge a statement in accordance with a notice under subsection (1), the commissioner shall—
	(a)	cancel the registration; and
	(b)	disqualify the credit provider from obtaining registration as a credit provider or as a finance broker until such time as the fee is paid or the statement is lodged, as the case requires.
18	Surrender of registration
	(1)	A registered credit provider may surrender the registration by written notice to the commissioner accompanied by the registration certificate, subject to this section.
	(2)	If the commissioner has issued a notice under section 23 in relation to a registered credit provider, the credit provider shall not surrender the registration before the commissioner has decided whether to take action under section 24.
	(3)	On application by a person who has surrendered registration, the commissioner shall return to the person so much as the commissioner thinks fit of the fee last paid by the person under section 16 (1).
	(4)	In this section:
registered credit provider includes a person whose registration as a credit provider is suspended.
Division 2.4	Disciplinary procedures
18A	Meaning of credit provider for div 2.4
In this division, to remove any doubt, a credit provider includes the following:
	(a)	an unregistered credit provider;
	(b)	a credit provider whose registration is suspended;
	(c)	a bank;
	(d)	an entity that pretends to be a credit provider.
19	Powers of inquiry
	(1)	The commissioner may make such inquiries for this division as he or she thinks fit about a credit provider.
	(2)	The commissioner of police shall make any reasonable inquiries for this division about a credit provider requested by the commissioner.
	(3)	The commissioner of police shall report the result of any inquiries under subsection (2) to the commissioner.
	(4)	In this section:
credit provider includes—
	(a)	a defined influential person in relation to a credit provider; and
	(b)	an employee of a credit provider.
20	Cancellation or suspension for bankruptcy, fraud, dishonesty or incapacity
	(1)	The commissioner may cancel the registration of a credit provider who is an individual, or suspend the registration for a specified period, if the credit provider—
	(a)	becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration or any part of his or her property for their benefit; or
	(b)	is convicted in the ACT or elsewhere of an offence involving fraud or dishonesty punishable, on conviction, by imprisonment for 3 months or more; or
	(c)	becomes incapable through mental infirmity of managing his or her affairs.
	(2)	The commissioner may cancel the registration of a credit provider that is a body corporate, or suspend the registration for a specified period, if the body—
	(a)	is dissolved, is under administration, is being wound up or has ceased to carry on business; or
	(b)	if a receiver, or a receiver and manager, has been appointed under the Corporations Act or under the corresponding law of a State or of another Territory in relation to any property of the body; or
	(c)	has entered into a compromise or scheme of arrangement with its creditors.
	(3)	If the commissioner cancels the registration of a credit provider under subsection (2), the commissioner shall disqualify the credit provider from obtaining registration as a credit provider or as a finance broker for the period specified in the notice of cancellation under section 130.
	(4)	On written application by a credit provider whose registration has been cancelled or suspended under subsection (1), the commissioner may—
	(a)	remove a suspension imposed under this section at any time before the expiry of the specified period of suspension; or
	(b)	revoke the disqualification of a credit provider at any time before the expiry of the specified period of disqualification.
21	Grounds for other disciplinary action
The grounds for disciplinary action under section 24 in relation to a credit provider are as follows:
	(a)	the credit provider has provided consumer credit inefficiently, dishonestly or unfairly;
	(b)	the credit provider provided false or misleading information to the commissioner in relation to an application for registration under this Act;
	(c)	the credit provider has contravened—
	(i)	the consumer credit legislation; or
	(ii)	a direction of the commissioner under section 24; or
	(iii)	an undertaking under section 105 or the Credit Act 1985, section 222;
	(d)	the credit provider has provided consumer credit while the registration was suspended or while disqualified under this part;
	(e)	if the credit provider was licensed or registered at any time under the Credit Act 1985—
	(i)	the credit provider provided false or misleading information in relation to an application for the licence under the Credit Act 1985, or for registration under the Credit Regulations 1985; or
	(ii)	the credit provider breached a condition to which the licence was subject; or
	(iii)	the credit provider contravened a requirement of the tribunal under the Credit Act 1985, section 173 (8) (c); or
	(iv)	the credit provider provided consumer credit while the licence was suspended or cancelled, or while disqualified under the Credit Act 1985, section 173 (8) (e).
22	Complaints against credit providers
A person may make a complaint to the commissioner about the conduct of a credit provider.
23	Notice to show cause
	(1)	The commissioner shall not take disciplinary action under section 24 in relation to a credit provider without first giving the credit provider written notice inviting that person to show cause within 28 days after the date of the notice why action should not be taken under that section.
	(2)	A notice under subsection (1) shall—
	(a)	specify each ground on which the commissioner proposes to take disciplinary action; and
	(b)	include details of any complaint received under section 22 in relation to the credit provider.
	(3)	In deciding whether to take action under section 24 (1), the commissioner shall take into account—
	(a)	any complaint made under section 22; and
	(b)	any representation made by the credit provider in accordance with the invitation referred to in subsection (1).
24	Disciplinary action
	(1)	If the commissioner is satisfied on reasonable grounds that any of the grounds referred to in section 21 are established in relation to a credit provider, he or she may take 1 or more of the following actions:
	(a)	issue a reprimand to the credit provider;
	(b)	subject to subsection (3), direct the credit provider to pay to the Territory, within a specified time, an amount not exceeding—
	(i)	if the credit provider is an individual—$1 000; or
	(ii)	if the credit provider is a body corporate—$5 000;
	(c)	direct the credit provider to comply with a specified requirement within a specified time;
	(d)	suspend the registration for a period not exceeding 12 months;
	(e)	cancel the registration and disqualify the credit provider from obtaining registration as a credit provider or as a finance broker for the period specified in the notice of cancellation under section 130;
	(f)	disqualify the credit provider, or a stated defined influential person in relation to the credit provider, from obtaining registration as a credit provider or as a finance broker for the period stated in the notice of disqualification under section 130.
	(2)	A credit provider shall comply with a direction under subsection (1) (b) or (c).
Maximum penalty:  50 penalty units.
	(3)	If a credit provider has been convicted of an offence and the circumstances of the offence form, in whole or in part, a ground for taking disciplinary action against the credit provider under this section, the person is not liable to pay any amount under subsection (1) (b).
	(4)	If a direction imposing a requirement on a registered credit provider is made under subsection (1) (c), the credit provider shall, on written notice from the commissioner, return the certificate of registration to the commissioner for endorsement with the requirement within 14 days after the date of the notice.  
Maximum penalty:  10 penalty units.
	(5)	If the commissioner suspends or cancels the registration of a credit provider under this section, the credit provider shall return the certificate of registration to the commissioner within 14 days after the date of the order. 
Maximum penalty:  10 penalty units.
	(6)	A person who is disqualified from obtaining registration under subsection (1) (e) or (f) shall not be concerned in the direction, management or control of a business of providing consumer credit, or of a finance broking business, during the period of disqualification.
Maximum penalty:  50 penalty units.
	(7)	If the commissioner gives a direction under subsection (1) (c), the commissioner may extend the time for complying with the direction.
	(8)	The extension may be made—
	(a)	before or after the end of the time for compliance given in the direction; and
	(b)	on application by the person directed or on the commissioner’s own initiative.
Division 2.5	General
24A	Civil penalties—credit providers
	(1)	This section applies if—
	(a)	a credit provider’s registration was or is suspended or cancelled under this part; and
	(b)	the credit provider provides consumer credit to a debtor while the registration is suspended or cancelled.
	(2)	This section also applies if—
	(a)	a credit provider is not, or was not, registered under this part nor exempted under division 2.1 (Exemptions); and
	(b)	the commissioner has directed the credit provider to become registered within a particular time; and
	(c)	the credit provider has not become registered, and not been exempted, within the time; and
	(d)	the credit provider provides consumer credit to a debtor after the time for complying with the direction while unregistered and not exempted.
	(3)	If this section applies under subsection (1) or (2), the debtor is not liable to pay an amount under the credit contract that would, apart from this subsection, have been payable during the period of suspension or cancellation or while the credit provider was unregistered and not exempted.
	(4)	An amount is recoverable by a debtor as a debt payable by a credit provider if—
	(a)	under subsection (3), the debtor is not liable to pay the amount under a credit contract; but
	(b)	the debtor has paid the amount.
	(5)	This section does not affect any liability of a person to be convicted or found guilty of an offence.
	(6)	In this section, to remove any doubt, a credit provider is a credit provider under section 18A.
25	Death of registered credit provider
	(1)	If a registered credit provider dies, the credit provider’s legal personal representative may apply to the commissioner to take over the registration for a period of 6 months after the death.
	(2)	An application under subsection (1) shall be—
	(a)	lodged within 28 days after the death of the registered credit provider, or within such an extended period as the commissioner allows; and
	(b)	accompanied by the deceased credit provider’s registration certificate.
	(3)	On application in accordance with this section, the commissioner shall register the applicant unless the applicant is disqualified from registration—
	(a)	as a credit provider under this part; or
	(b)	as a finance broker under part 3.
	(4)	If an application is granted, the commissioner shall endorse the registration certificate with the name of the applicant and the term of registration and return it to the applicant.
	(5)	For this part, a successful applicant under this section is to be taken to be registered as a credit provider subject to the condition that the registration is to terminate—
	(a)	at the expiration of 6 months after the death of the original registered credit provider; or
	(b)	if an application by the new registered credit provider to become the original registered credit provider’s legal personal representative is rejected at an earlier date—on the date of the rejection.
	(6)	In this section:
legal personal representative, in relation to a registered credit provider, includes—
	(a)	a person who is named as the credit provider’s legal personal representative; and
	(b)	a person who intends to apply to become the credit provider’s legal personal representative.
26	Register of credit providers
	(1)	For this Act and the Credit Act 1985, the commissioner shall keep a register to be known as the register of credit providers including particulars of registration of all registered credit providers.
	(2)	The register shall be kept in such form and manner as the commissioner thinks fit.
27	Access to register
On application to the commissioner in writing, a person may—
	(a)	inspect the register of credit providers; and
	(b)	obtain a copy of, or an extract from, the register.
Note	A fee may be determined under s 140 (Determination of fees) for this section.

Part 3	Finance broking
Division 3.1	Exemptions
29	Exemption—particular entities
Division 3.2 (Finance broking) and division 3.3 (Registration of finance brokers) do not apply to the following entities:
	(a)	a bank;
	(b)	a financial institution;
	(c)	a legal practitioner while acting in the ordinary course of the profession of legal practitioner;
	(d)	a registered company auditor within the meaning of the Corporations Act, while acting in the ordinary course of the profession of public accountant;
	(e)	a body corporate registered under the Life Insurance Act 1995 (Cwlth);
	(f)	a body corporate authorised under the Insurance Act 1973 (Cwlth) to carry on insurance business;
	(g)	unless the Insurance Act 1973 (Cwlth), part 7  has ceased to have effect—a Lloyd’s underwriter, being an underwriter of the society known as Lloyd’s incorporated by the Imperial Act known as Lloyd’s Act 1871;
	(h)	a dealer under, or a recognised dealer under, the Security Industry Act 1980 (Cwlth) while acting in the ordinary course of the business of a dealer within the meaning of that Act;
	(i)	the curator of estates of deceased persons within the meaning of the Public Trustee Act 1985;
	(j)	the public trustee within the meaning of the Public Trustee Act 1985;
	(k)	a trustee company within the meaning of the Trustee Companies Act 1947.
30	Exemption—finance broking in the course of another business
Division 3.2 (Finance broking) and division 3.3 (Registration of finance brokers) do not apply to a person (the exempt person) who carries on a genuine business of selling land or supplying goods or services (whether as principal or agent) if—
	(a)	the exempt person acts as a finance broker in relation to the provision of consumer credit exclusively for a person (the client) who deals with the exempt person in the ordinary course of that business; and
	(b)	the client has given written authority for such credit to be applied in payment for land, goods or services sold or supplied in the course of that business.
31	Exemption—Ministerial determination
	(1)	A provision of this part does not apply in relation to a finance broker if a determination under subsection (2) is in force exempting that person from the application of the provision, to the extent set out in the determination.
	(2)	The Minister may, in writing, make a determination exempting a finance broker from the application of this part, in part or in whole, and to the extent set out in the determination.
	(3)	A determination under subsection (2) is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
Division 3.2	Finance broking
32	Registration as a finance broker
	(1)	A person shall not act as a finance broker unless the person is registered as a finance broker.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(2)	An individual shall not hold himself or herself out as a finance broker unless the person is registered as a finance broker.
Maximum penalty:  30 penalty units.
	(3)	A body corporate shall not hold itself out as a finance broker unless it is registered as a finance broker.
Maximum penalty:  30 penalty units.
33	Advertising
A finance broker shall not publish, or cause to be published, whether in a newspaper or otherwise, an advertisement in connection with the broker’s business as a finance broker without specifying in the advertisement—
	(a)	a name under which the broker is authorised to act as a finance broker under section 41; and
	(b)	the address of a place of business in respect of that name where the broker is authorised to act as a finance broker.
Maximum penalty:  10 penalty units.
34	Records
	(1)	A finance broker shall make, or cause to be made, a full record of the particulars of a finance broking transaction as soon as practicable after entering into the transaction.
Maximum penalty:  20 penalty units.
	(2)	A finance broker shall preserve a record made under subsection (1) for the period of 3 years immediately following the date of the transaction.
Maximum penalty:  20 penalty units.
35	Commissions
	(1)	A finance broker shall not demand, receive or accept any commission for a finance broking transaction unless the transaction is effected under a written agreement—
	(a)	signed by the person charged, or to be charged, with the payment of the commission; and
	(b)	containing particulars of the amount of credit to be obtained, the term of the credit and the maximum amount of interest and other charges to be paid in respect of the credit. 
Maximum penalty:  50 penalty units.
	(2)	A finance broker must not demand, receive or accept any commission for a finance broking transaction in excess of the maximum prescribed by the regulations (plus any GST payable in relation to the commission).
Maximum penalty:  50 penalty units.
	(3)	A finance broker shall not demand, receive or accept any commission for a finance broking transaction before securing the credit in respect of which the commission is charged.
Maximum penalty:  50 penalty units.
	(4)	A finance broker shall not demand, receive or accept any commission for a finance broking transaction if the credit secured—
	(a)	is for an amount less than the amount specified in the terms of the agreement to act as a finance broker required under subsection (1); or
	(b)	is at a rate of interest, or for a charge, greater than the rate or charge specified in the terms of that agreement; or
	(c)	is for a term less than the term specified in that agreement.
Maximum penalty:  50 penalty units.
	(5)	In proceedings for an offence against this section, the court may, if it finds the finance broker guilty of the offence (whether or not it proceeds to conviction), order the finance broker—
	(a)	to refund any amount received or accepted by the finance broker in contravention of this section; and
	(b)	to pay interest on such an amount at such rate as is fixed by the court, not exceeding the rate prescribed by the regulations, from the time of the receipt or acceptance of the amount until the time it is refunded.
	(6)	In this section:
commission, for a finance broking transaction—
	(a)	means a commission from a debtor on behalf of whom the credit to which the transaction relates is being sought; but
	(b)	does not include a commission from a credit provider in relation to the transaction.
36	Valuation fees
	(1)	Nothing in section 35 prohibits a finance broker from demanding, receiving or accepting at any time an amount equal to the estimated cost of obtaining a valuation of any security offered for any proposed credit.
	(2)	Subsection (1) applies only if—
	(a)	the cost of the valuation is estimated on the basis of the fees (if any) prescribed by the regulations as the maximum fees for such valuations; and
	(b)	any amount paid for the valuation is held in trust by the finance broker to pay the costs of the valuation and to repay the balance of any such amount to the person who paid it.
37	False statements about credit provision
A finance broker shall not induce, or attempt to induce, a person to enter into an agreement in relation to the provision of consumer credit by making a statement or representation that is false or misleading by reason of—
	(a)	the inclusion of matter that the finance broker knows to be false or misleading; or
	(b)	the inclusion of matter that the finance broker has no reasonable grounds for believing to be true; or
	(c)	the inclusion of matter that the finance broker has no reasonable grounds for believing to be accurate; or
	(d)	the omission of any material matter that the finance broker knows to be material, except if the finance broker believes on reasonable grounds that such an omission would not make the statement or representation false or misleading.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
38	Authorised names
	(1)	A registered finance broker shall not act as a finance broker otherwise than under the finance broker’s name or another name under which the broker is authorised to act under section 41.
Maximum penalty:  50 penalty units.
	(2)	A registered finance broker who is an individual shall not hold himself or herself out as a finance broker otherwise than under his or her name or another name under which he or she is authorised under section 41 to act as a finance broker.
Maximum penalty:  50 penalty units.
	(3)	A registered finance broker that is a body corporate shall not hold itself out as a finance broker otherwise than under the body’s name or another name under which the body is authorised under section 41 to act as a finance broker.
Maximum penalty:  50 penalty units.
39	Partnerships
A registered finance broker shall not carry on a business of finance broking in partnership with a person who is not registered as a finance broker.
Maximum penalty:  50 penalty units.
40	Proof of finance broking offences
A finance broker is not liable to be convicted of an offence against this division unless it is proved that—
	(a)	the finance broker knew or had reasonable cause to suspect that the credit to which the proceedings relate was, or was to be, consumer credit in whole or in part; or
	(b)	if the finance broker had made reasonable inquiries, the finance broker would have known or had reasonable cause to suspect that the credit to which the proceedings relate was, or was to be, consumer credit in whole or in part.
Division 3.3	Registration of finance brokers
41	Authority given by registration
Subject to the consumer credit legislation and the Business Names Act 1963, registration as a finance broker authorises the registered person to act as a finance broker under the person’s name and under any other name endorsed on the registration certificate.
42	Application for registration
	(1)	An application for registration as a finance broker may be made to the commissioner in writing—
	(a)	by an individual who has attained the age of 18 years; or
	(b)	by a body corporate.
Note 1	A fee may be determined under s 140 (Determination of fees) for this section.
Note 2	If a form is approved under section 140A (Approved forms) for an application, the form must be used.
	(2)	An application shall specify—
	(a)	the applicant’s name and address; and
	(b)	if the applicant is a body corporate—the name and address of each director of the body; and
	(c)	the name or names under which the applicant intends to carry on business as a credit provider in the ACT; and
	(d)	the address of each place where the applicant intends to carry on business as a finance broker in the ACT, indicating which of these is the principal place of business; and
	(e)	whether the applicant’s business as a finance broker is to be carried on in partnership with any other person; and
	(f)	any other matters prescribed by the regulations.
	(3)	An applicant for registration shall provide the commissioner with such particulars additional to those included in the application as the commissioner may require.
43	Registration
	(1)	On an application for registration as a finance broker in accordance with section 42, the commissioner shall register the applicant unless the applicant is disqualified from registration—
	(a)	as a finance broker under this part; or
	(b)	as a credit provider under part 2.
Note 1	A fee may be determined under s 140 (Determination of fees) for this section.
Note 2	If a form is approved under section 140A (Approved forms) for an application under this section or a registration certificate, the form must be used.
	(2)	On registering a person as a finance broker, the commissioner shall issue a registration certificate to the person.
	(3)	If a registration certificate issued to a finance broker, or any duplicate subsequently issued to the finance broker under this subsection, has been stolen, lost or destroyed, the commissioner must, on application by the finance broker, issue a duplicate.
44	Endorsement of names
	(1)	On registration, or on application by a registered finance broker under subsection (2), the commissioner shall endorse the registration certificate with the name of the registered finance broker and any additional name or names under which the registered person intends to carry on, or carries on, business as a finance broker.
	(2)	On written application by a registered finance broker (accompanied by the registration certificate), the commissioner shall add, amend or omit an endorsement of a name on the registration certificate in accordance with the application.
45	Changed particulars
A registered finance broker shall give written notice to the commissioner specifying any change in the particulars notified on application for registration, or in particulars subsequently notified under this section, within 14 days after the change. 
Maximum penalty:  10 penalty units.
46	Term of registration
Registration as a finance broker continues in force until it is surrendered or cancelled, except during any period during which the registration is suspended.
47	Annual fee and statement
	(1)	A registered finance broker shall lodge with the commissioner the annual fee on or before 27 March each year, or within such extended period as the commissioner allows under subsection (3).
	(2)	A person who has been a registered finance broker at any time during the period of 12 months before 28 February in each year shall, on or before 27 March in that year, or within such extended period as the commissioner allows under subsection (3), lodge with the commissioner a statement in respect of that part of the period of 12 months before 28 February in that year during which the person acted as a finance broker.
Note	If a form is approved under section 140A (Approved forms) for the statement, the form must be used.
	(3)	The commissioner may, in writing, extend, or further extend, the period for compliance with subsection (1) or (2) on application before the expiry of the period by the person required to comply with the subsection.
	(4)	A person who is not registered as a finance broker who fails to comply with subsection (2) commits an offence.
Maximum penalty:  20 penalty units.
	(5)	In this section:
annual fee means the annual fee determined under section 140 (Determination of fees) for this section.
registered finance broker, in relation to the period of 12 months before 28 February in any year, includes a person whose registration was suspended for any part of that period, or for the whole of that period.
48	Cancellation of registration for failure to pay fee or provide statement
	(1)	If a registered finance broker fails to lodge a fee or a statement in accordance with section 47, the commissioner shall give the finance broker written notice that the registration will be cancelled unless the fee or statement is lodged within a specified period (being a period of not less than 14 days after the date of the notice).
	(2)	If a registered finance broker fails to pay a fee or lodge a statement in accordance with a notice under subsection (1), the commissioner shall—
	(a)	cancel the registration; and
	(b)	disqualify the finance broker from obtaining registration as a finance broker or as a credit provider until such time as the fee is paid or the statement is lodged, as the case requires.
49	Surrender of registration
	(1)	A registered finance broker may surrender the registration by written notice to the commissioner accompanied by the registration certificate, subject to this section.
	(2)	If the commissioner has issued a notice under section 54 in relation to a registered finance broker, the finance broker shall not surrender the registration before the commissioner has decided whether to take action under section 55.
	(3)	On application by a person who has surrendered registration, the commissioner shall return to the person so much as the commissioner thinks fit of the fee last paid by the person under section 47 (1).
	(4)	In this section:
registered finance broker includes a person whose registration as a finance broker is suspended.
Division 3.4	Disciplinary procedures
49A	Meaning of finance broker for div 3.4
In this division, to remove any doubt, a finance broker includes the following:
	(a)	an unregistered finance broker;
	(b)	a finance broker whose registration is suspended;
	(c)	an entity exempted under section 29 (Exemption—particular entities) or section 30 (Exemption—finance broking in the course of another business);
	(d)	an entity that pretends to be a finance broker.
50	Powers of inquiry
	(1)	The commissioner may make such inquiries for this division as he or she thinks fit about a finance broker.
	(2)	The commissioner of police shall make any reasonable inquiries for this division about a finance broker requested by the commissioner.
	(3)	The commissioner of police shall report the result of any inquiries under subsection (2) to the commissioner.
	(4)	In this section:
finance broker includes—
	(a)	a defined influential person in relation to a finance broker; and
	(b)	an employee of a finance broker.
51	Cancellation or suspension for bankruptcy, fraud, dishonesty or incapacity
	(1)	The commissioner may cancel the registration of a finance broker who is an individual, or suspend the registration for a specified period, if the finance broker—
	(a)	becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration or any part of his or her property for their benefit; or
	(b)	is convicted in the ACT or elsewhere of an offence involving fraud or dishonesty punishable, on conviction, by imprisonment for 3 months or more; or
	(c)	becomes incapable through mental infirmity of managing his or her affairs.
	(2)	The commissioner may cancel the registration of a finance broker that is a body corporate, or suspend the registration for a specified period, if—
	(a)	the body is dissolved, is under administration, is being wound up or has ceased to carry on business; or
	(b)	a receiver, or a receiver and manager, has been appointed under the Corporations Act or under the corresponding law of a State or of another Territory in relation to any property in respect of the body; or
	(c)	the body has entered into a compromise or scheme of arrangement with its creditors.
	(3)	If the commissioner cancels the registration of a finance broker under subsection (2), the commissioner shall disqualify the finance broker from obtaining registration as a finance broker or as a credit provider for the period specified in the notice of cancellation under section 130.
	(4)	On written application by a finance broker whose registration has been cancelled or suspended under subsection (1), the commissioner may—
	(a)	remove a suspension imposed under this section at any time before the expiry of the specified period of suspension; or
	(b)	revoke the disqualification of a finance broker at any time before the expiry of the specified period of disqualification.
52	Grounds for other disciplinary action
The grounds for disciplinary action under section 55 in relation to a finance broker are as follows:
	(a)	the finance broker has acted as a finance broker inefficiently, dishonestly or unfairly;
	(b)	the finance broker provided false or misleading information to the commissioner in relation to an application for registration under this Act;
	(c)	the finance broker has contravened—
	(i)	the consumer credit legislation; or
	(ii)	a direction of the commissioner under section 55; or
	(iii)	an undertaking under section 105;
	(d)	the finance broker has acted as a finance broker while the registration was suspended or cancelled, or while disqualified under this part;
	(e)	if the finance broker was licensed at any time under the Credit Act 1985—
	(i)	the finance broker provided false or misleading information in relation to an application for the licence; or
	(ii)	the finance broker breached a condition to which the licence was subject; or
	(iii)	the finance broker contravened a requirement of the tribunal under the Credit Act 1985, section 173 (8) (c); or
	(iv)	the finance broker acted as a finance broker while the licence was suspended or cancelled, or while disqualified under the Credit Act 1985, section 173 (8) (e).
53	Complaints against finance brokers
A person may make a complaint to the commissioner about the conduct of a finance broker.
54	Notice to show cause
	(1)	The commissioner shall not take disciplinary action under section 55 in relation to a finance broker without first giving the finance broker written notice inviting that person to show cause within 28 days after the date of the notice why action should not be taken under that section.
	(2)	A notice under subsection (1) shall—
	(a)	specify each ground on which the commissioner proposes to take disciplinary action; and
	(b)	include details of any complaint received under section 53 in relation to the finance broker.
	(3)	In deciding whether to take action under section 55 (1), the commissioner shall take into account—
	(a)	any complaint made under section 53; and
	(b)	any representation made by the finance broker in accordance with the invitation referred to in subsection (1).
55	Disciplinary action
	(1)	If the commissioner is satisfied on reasonable grounds that any of the grounds referred to in section 52 are established in relation to a finance broker, he or she may take 1 or more of the following actions:
	(a)	issue a reprimand to the finance broker;
	(b)	subject to subsection (3), direct the finance broker to pay to the Territory, within a specified time, an amount not exceeding—
	(i)	if the finance broker is an individual—$1 000; or
	(ii)	if the finance broker is a body corporate—$5 000;
	(c)	direct the finance broker to comply with a specified requirement within a specified time;
	(d)	suspend the registration for a period not exceeding 12 months;
	(e)	cancel the registration and disqualify the finance broker from obtaining registration as a finance broker or as a credit provider for the period specified in the notice of cancellation under section 130;
	(f)	disqualify the finance broker, or a stated defined influential person in relation to the finance broker, from obtaining registration as a finance broker or credit provider for the period stated in the notice of disqualification under section 130 (Notification of decisions).
	(2)	A finance broker shall comply with a direction under subsection (1) (b) or (c).
Maximum penalty:  50 penalty units.
	(3)	If a finance broker has been convicted of an offence and the circumstances of the offence form, in whole or in part, a ground for taking disciplinary action against the finance broker under this section, the person is not liable to pay any amount under subsection (1) (b).
	(4)	If a direction imposing a requirement on a registered finance broker is made under subsection (1) (c), the finance broker shall, on written notice from the commissioner, return the certificate of registration to the commissioner for endorsement with the requirement within 14 days after the date of the notice.
Maximum penalty:  10 penalty units.
	(5)	If the commissioner suspends or cancels the registration of a finance broker under this section, the finance broker shall return the certificate of registration to the commissioner within 14 days after the date of the order. 
Maximum penalty:  10 penalty units.
	(6)	A person who is disqualified from obtaining registration under subsection (1) (e) or (f) shall not be concerned in the direction, management or control of a finance broking business, or of a business of providing consumer credit, during the period of disqualification.
Maximum penalty:  50 penalty units.
	(7)	If the commissioner gives a direction under subsection (1) (c), the commissioner may extend the time for complying with the direction.
	(8)	The extension may be made—
	(a)	before or after the end of the time for compliance given in the direction; and
	(b)	on application by the person directed or on the commissioner’s own initiative.
Division 3.5	General
55A	Civil penalties—finance brokers
	(1)	This section applies if—
	(a)	the registration of a finance broker was or is suspended or cancelled under this part; and
	(b)	the finance broker is involved in finance broking and for that purpose enters into a contract with a debtor while the registration is suspended or cancelled.
	(2)	This section also applies if—
	(a)	a finance broker is or was not registered under this part nor exempted under division 3.1 (Exemptions); and
	(b)	the commissioner has directed the finance broker to become registered within a particular time; and
	(c)	the finance broker has not become registered, and not been exempted, within the time; and
	(d)	the finance broker is involved in finance broking and for that purpose enters into a contract with a debtor after the time for complying with the direction while unregistered and not exempted.
	(3)	If this section applies under subsection (1) or (2), the debtor is not liable to pay any amount under the contract.
	(4)	An amount is recoverable by a debtor as a debt payable by a finance broker if—
	(a)	under subsection (3), the debtor is not liable to pay the amount under a contract; but
	(b)	the debtor has paid the amount.
	(5)	This section does not affect any liability of a person to be convicted or found guilty of an offence.
	(6)	In this section, to remove any doubt, a finance broker is a finance broker under section 49A.
56	Death of registered finance broker
	(1)	If a registered finance broker dies, the finance broker’s legal personal representative may apply to the commissioner to take over the registration for a period of 6 months after the death.
	(2)	An application under subsection (1) shall be—
	(a)	lodged within 28 days after the death of the registered finance broker, or within such an extended period as the commissioner allows; and
	(b)	accompanied by the deceased finance broker’s registration certificate.
	(3)	On application in accordance with this section, the commissioner shall register the applicant unless the applicant is disqualified from registration—
	(a)	as a finance broker under this part; or
	(b)	as a credit provider under part 2.
	(4)	If an application is granted, the commissioner shall endorse the registration certificate with the name of the applicant and the term of registration and return it to the applicant.
	(5)	For this part, a successful applicant under this section is to be taken to be registered as a finance broker subject to the condition that the registration is to terminate—
	(a)	at the expiration of 6 months after the death of the original registered finance broker; or
	(b)	if an application by the new registered finance broker to become the original registered finance broker’s legal personal representative is rejected at an earlier date—on the date of the rejection.
	(6)	In this section:
legal personal representative, in relation to a registered finance broker, includes—
	(a)	a person who is named as the finance broker’s legal personal representative; and
	(b)	a person who intends to apply to become the finance broker’s legal personal representative.
57	Register of finance brokers
	(1)	For this Act and the Credit Act 1985, the commissioner shall keep a register to be known as the register of finance brokers including particulars of registration of all registered finance brokers.
	(2)	The register shall be kept in such form and manner as the commissioner thinks fit.
58	Access to register
On application to the commissioner in writing, a person may—
	(a)	inspect the register of finance brokers; and
	(b)	obtain a copy of, or an extract from, the register.
Note	A fee may be determined under s 140 (Determination of fees) for this section.
59	False or misleading statements
A person shall not make a statement in purported compliance with this part that is false or misleading by reason of—
	(a)	the inclusion of matter in the statement that the person knows to be false or misleading; or
	(b)	the inclusion of matter in the statement that the person has no reasonable grounds for believing to be true; or
	(c)	the inclusion of matter in the statement that the person has no reasonable grounds for believing to be accurate; or
	(d)	the omission from the statement of any material matter that the person knows to be material, except if the person believes on reasonable grounds that such an omission would not make the statement false or misleading.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

Part 4	Credit tribunal
Division 4.1	Establishment, functions and powers
60	Continuation of tribunal
The Australian Capital Territory Credit Tribunal in existence under the Credit Act 1985 immediately before the commencement of this part continues in existence by force of this section.
61	Functions and powers
	(1)	The tribunal has the functions and powers given to it by the consumer credit legislation.
	(2)	Without limiting subsection (1), the tribunal has power to do everything necessary or convenient to be done in relation to the carrying out of its functions.
Division 4.2	Tribunal members
62	Membership of tribunal
	(1)			The tribunal consists of—
	(a)	the president; and
	(b)	the deputy presidents; and
	(c)	the non-presidential members. 
	(2)	The members of the tribunal are to be appointed by the Executive. 
63	Presidential members
	(1)	A person is eligible to be appointed president only if the person is a magistrate.
	(2)	A person is eligible to be appointed deputy president only if the person is a magistrate or a lawyer of at least 5 years standing.
64	Non-presidential members
	(1)	The Executive must appoint as non-presidential members—
	(a)	persons who, in its opinion, represent the interests of credit providers and finance brokers; and
	(b)	persons who, in its opinion, represent the interests of persons who obtain consumer credit from credit providers or through finance brokers.
	(2)	A member appointed under subsection (1) (a) is an industry member, and a member appointed under subsection (1) (b) is a consumer member.
65	Terms of appointment generally
	(1)	A member may be appointed as a full-time or part-time member.
	(2)	A member holds office on the terms not provided by this Act that are decided by the Executive.
	(3)	This section does not apply to a member who is a magistrate.
66	Matters to be included in appointment etc
The instrument appointing, or evidencing the appointment of, a member must state—
	(a)	whether the member is the president, a deputy president, consumer member or industry member; and
	(b)	the period for which the member is appointed; and
	(c)	if the member is not a magistrate—whether the member is appointed as a full-time or part-time member.
67	Duration of appointment
	(1)	A member is to be appointed for a term of not longer than 5 years.
	(2)	The Executive may end the appointment of a member who is not a magistrate—
	(a)	for misbehaviour or physical or mental incapacity; or
	(b)	if the member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for the benefit of creditors.
	(3)	The Executive must end the appointment of—
	(a)	a presidential member who is a magistrate if the member ceases to be a magistrate; or
	(b)	a deputy president who is not a magistrate if the member ceases to be eligible for appointment; or
	(c)	a non-presidential member if the Executive is satisfied that the member no longer represents the interests of the people the member was appointed to represent; or
	(d)	a member who is not a magistrate if the member is convicted in Australia or elsewhere of an offence punishable by imprisonment for 1 year or longer.
Division 4.3	Registrar and deputy registrars
69	Registrar and deputy registrars
	(1)	The registrar of the Magistrates Court is the registrar of the tribunal.
	(2)	Each deputy registrar of the Magistrates Court is a deputy registrar of the tribunal.
	(3)	Subject to any direction of the registrar, a deputy registrar of the tribunal may exercise the powers of the registrar of the tribunal.
	(4)	The registrar may, by signed writing, delegate to a public servant all or any of his or her powers under this Act.
Division 4.4	Proceedings
71	Constitution of tribunal
	(1)	The tribunal is to be constituted for a proceeding by—
	(a)	a presidential member; and
	(b)	a non-presidential member who is an industry member; and
	(c)	a non-presidential member who is a consumer member.
	(2)	However, the tribunal may be constituted for a proceeding only by a presidential member if—
	(a)	there is only 1 party to the proceeding and the president considers that the proceeding is unlikely to involve another party; or
	(b)	there are 2 or more parties to the proceeding and all the parties agree to the tribunal being constituted only by a presidential member; or
	(c)	the proceeding is a proceeding prescribed under the regulations for this paragraph.
	(3)	Also, if a member of the tribunal other than the presidential member ceases to be a member, or to be available for the proceeding, before its completion, the presidential member and any remaining non-presidential member may finish the proceeding if the presidential member considers it desirable to do so.
72	Role of president
	(1)	The president is responsible for ensuring the orderly and prompt discharge of the tribunal’s business.
	(2)	Without limiting subsection (1), the president may give directions about the members who are to constitute the tribunal for a particular proceeding.
73	Presiding member
The presidential member must preside at a proceeding.
74	Procedure
	(1)	Subject to this Act, the tribunal may determine the procedure to be followed in a proceeding.
	(2)	The tribunal is not bound by the rules of evidence but may inform itself on any matter relevant to a proceeding in such manner as it thinks appropriate.
	(3)	A proceeding shall be conducted with as little formality and technicality, and with as much expedition, as this Act and the merits of the matter permit.
	(4)	The tribunal is bound by the rules of natural justice.
75	Directions by presidential member
The presidential member may give directions about the procedure to be followed in a proceeding for—
	(a)	reducing the costs of the parties to the proceeding; and
	(b)	achieving a prompt hearing of the matters in issue between the parties.
76	Assistance from commissioner
The presidential member may request the commissioner to prepare a report for, or provide other assistance to, the tribunal in relation to a proceeding.
77	Deciding questions
	(1)	The presidential member is to decide a question of law arising in a proceeding.
	(2)	If there is a division of opinion about another question arising in a proceeding, the question is decided—
	(a)	according to the opinion of the majority of members constituting the tribunal; or 
	(b)	if there is no majority on the question—according to the opinion of the presidential member.
78	Referral of questions of law to Supreme Court
	(1)	If the tribunal considers that a question of law raises an issue of public importance, the tribunal may refer the question to the Supreme Court.
	(2)	The tribunal may act under subsection (1) on its own initiative or on application by a party.
79	Joint liability
	(1)	Subject to the consumer credit legislation, if a party to a proceeding is jointly liable with another person, that other person need not be made a party to the proceeding.
	(2)	If a decision is made against a party to a proceeding (the party) who is jointly liable with another person who is not a party to the proceeding (the non-party)—
	(a)	the liability of the non-party is not discharged by the decision or any step taken to enforce the decision; and
	(b)	the party and the non-party are severally but not jointly liable; and
	(c)	if there are 2 or more non-parties—as between themselves, the non-parties are jointly liable; and
	(d)	the liability of the non-party is discharged to the extent of any amount paid or recovered under the decision.
	(3)	Nothing in subsection (2) affects the right of a person to contribution or indemnity in respect of satisfaction by the person of a liability that he or she has jointly, severally or jointly and severally with another person.
80	Legal personal representatives
A legal personal representative may bring or defend a proceeding in the same manner as if he or she were bringing or defending the proceeding in his or her own right.
81	Adding parties
	(1)	If, at any stage of a proceeding, the presidential member is of the opinion that a person should be a party to the proceeding, the presidential member may join the person as a party.
	(2)	The tribunal may, on application by a person whose interests may be affected by a proceeding, join that person as a party to the proceeding.
82	Notice of proceeding
	(1)	The presidential member is to fix a time and place for the conduct of a proceeding.
	(2)	The registrar shall serve on each party to the proceeding a notice—
	(a)	specifying the time and place so fixed; and
	(b)	specifying the matters to which the proceeding relates; and
	(c)	directing the party on whom it is served to appear at that time and place.
83	Appearance and representation
	(1)	A party to a proceeding—
	(a)	may appear in person; or
	(b)	subject to subsection (2), may be represented by a legal practitioner; or
	(c)	with the leave of the tribunal, may be represented by a person other than a legal practitioner.
	(2)	A party to a prescribed proceeding may only be represented by a legal practitioner with the leave of the tribunal.
	(3)	A person other than a legal practitioner is not entitled to demand or receive any fee or reward for representing a party to a proceeding.
84	Failure to appear
If a party on whom a notice in accordance with section 82 (2) is served fails to appear as directed by the notice, the tribunal may conduct the proceeding in the party’s absence.
85	Hearings
	(1)	Subject to this section, the hearing of a proceeding shall be in public.
	(2)	The tribunal may—
	(a)	direct that a hearing or part of a hearing is to be in private and give directions as to the persons who may be present; or
	(b)	give directions prohibiting or restricting the publication or other disclosure of any evidence before or submission made to the tribunal, whether in a public or private hearing.
	(3)	The tribunal may give a direction under subsection (2) if satisfied that it is desirable to do so because of—
	(a)	the confidential nature of the subject matter of the proceeding; or
	(b)	the confidential nature of any evidence before the tribunal; or
	(c)	any other reason.
	(4)	A person who contravenes a direction under subsection (2) (b) commits an offence.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
86	Witness subpoenas
	(1)	The registrar may, by written notice given to a person (a subpoena), require the person to appear before the tribunal at a hearing, at a stated time and place, to do either or both of the following:
	(a)	to give evidence;
	(b)	to produce a stated document or other thing relevant to the hearing.
	(2)	The registrar must issue a subpoena under subsection (1)—
	(a)	if directed to do so by the presidential member; or
	(b)	if asked to do so by a party to the proceeding.
	(3)	If a person is required by a subpoena to produce a record that is not in writing, not written in English, or not decipherable on sight, the subpoena is taken to require the person to produce—
	(d)	a statement about the record that is written in English and decipherable on sight; and
	(e)	if the record is in writing—the record.
	(4)	A person is taken to have complied with a subpoena under subsection (1) (b) if the person gives the document or other thing to the registrar before the date stated in the subpoena for its production.
	(5)	A person who appears at a hearing under a subpoena is entitled to be paid—
	(a)	if the subpoena was given at the direction of the presidential member—the fees and allowances payable to a witness before the Supreme Court; or
	(b)	if the subpoena was given at the request of a party—the person’s reasonable costs and expenses of attendance at the hearing.
	(6)	A subpoena must be accompanied by a form to be completed by the person required to appear to claim the fees and allowances, or costs and expenses, mentioned in subsection (5).
	(7)	A person is not entitled to refuse to comply with a subpoena only because it was not accompanied by that form.
	(8)	In this section:
subpoena includes summons.
	(9)	Subsection (8) and this subsection expire 1 year after the day they commence.
87	Power to require witness to take oath etc
The member presiding at a hearing of the tribunal may require a witness appearing before the tribunal to give evidence to do 1 or more of the following:
	(a)	to take an oath;
	(b)	to answer a question relevant to the hearing; 
	(c)	to produce a stated document or other thing relevant to the hearing.
Note 1	Oath includes affirmation and take an oath includes make an affirmation (see Legislation Act, dict, pt 1).
Note 2	The Legislation Act, s 170 and s 171 deal with the application of the privilege against selfincrimination and client legal privilege.
88	Inspection and retention of documents and things
	(1)	The tribunal or a member of the tribunal may—
	(a)	inspect a document or other thing produced before, or delivered to, the tribunal; and
	(b)	retain possession of the document or thing for such period as is necessary for the purposes of the proceeding to which the document or thing relates; and
	(c)	in the case of a document produced before, or delivered to, the tribunal—make copies of, or take extracts from, such parts of the document as are relevant to a matter the subject of the proceeding.
	(2)	If a document is retained under subsection (1) (b)—
	(a)	the person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by a member of the tribunal to be a true copy and the certified copy shall be received in all courts as if it were the original; and
	(b)	until the certified copy is supplied, the registrar shall, at such times and places as he or she thinks appropriate, permit the person otherwise entitled to possession of the document, or a person authorised by that person, to inspect and make copies of, or take extracts from, the document.
	(3)	If the retention of a document or other thing under subsection (1) (b) is no longer necessary for the purposes of a proceeding, the registrar may, at the request of a person who appears to be entitled to make the request, cause the document or thing to be delivered to the person.
89	Adjournments and stays
The tribunal may, on the application of a party or of its own initiative—
	(a)	adjourn a proceeding; or
	(b)	at any stage of a proceeding, order that the proceeding be stayed.
90	Dismissal of proceedings
	(1)	The tribunal may, at any stage of a proceeding, dismiss the proceeding—
	(a)	if satisfied that it is frivolous or vexatious; or
	(b)	for any other reason.
	(2)	If the tribunal dismisses a proceeding under subsection (1), it may order the person who brought the proceeding to pay the costs of the proceeding.
91	Costs
Subject to the consumer credit legislation, the tribunal may award costs against a party to a proceeding and may determine the amount of costs so awarded.
92	Orders for payment of money
	(1)	If the tribunal makes an order for the payment of an amount (including an amount awarded for costs) and the prescribed documents are filed in a court having jurisdiction to the extent of the amount, the order shall be deemed to be a judgment of the court for the payment of the amount in accordance with the order.
	(2)	For subsection (1), the prescribed documents are—
	(a)	a copy of the order certified by the registrar as a true copy; and
	(b)	an affidavit by or on behalf of the person to whom the amount is ordered to be paid specifying—
	(i)	the amount unpaid under the order; and
	(ii)	if the order is to take effect on a default—that the default has occurred.
	(3)	Despite any other Territory law, no fee is payable for the filing of documents under subsection (1).
93	Reasons for decisions of tribunal
	(1)	The tribunal shall serve a copy of its decision in a proceeding on each party to the proceeding.
	(2)	If the tribunal does not give written reasons for its decision, a party to the proceeding may, within 28 days after being so served, apply to the tribunal for a statement of those reasons.
	(3)	The tribunal shall comply with such a request within 28 days after receiving it.
	(4)	A statement of reasons shall set out the tribunal’s findings on material questions of fact, referring to the evidence or other material on which those findings were based.
Division 4.5	Appeals to Supreme Court
94	Appeals from tribunal decisions
	(1)	A party to a tribunal proceeding may, with the Supreme Court’s leave, appeal to the court on a question of law from a decision of the tribunal in the proceeding.
	(2)	An appeal by a person under subsection (1) must be begun within—
	(a)	28 days after the day a document setting out the tribunal’s decision is given to the person; or
	(b)	if the person has asked for a statement of reasons under section 93 (2)—28 days after the day the statement is given to the person; or
	(c)	any further time the Supreme Court allows (whether on, before or after a day mentioned in paragraph (a) or (b)).
	(3)	The Supreme Court must decide the appeal, and may make any of the following orders:
	(a)	an order confirming or setting aside the decision of the tribunal;
	(b)	an order remitting the case to be heard and decided again, either with or without the hearing of further evidence, by the tribunal in accordance with the court’s directions;
	(c)	an order for costs.
	(4)	The Supreme Court may also make any other order the court considers appropriate.
95	Appeals from Magistrates Court decisions
	(1)	An appeal may be made to the Supreme Court from a decision of the Magistrates Court under the consumer credit legislation.
	(2)	The Magistrates Court Act 1930, part 4.5 (Civil appeals) applies to a decision of the Magistrates Court under the consumer credit legislation as if it were a judgment or order of the court in a proceeding that it has jurisdiction to hear and decide under that Act, chapter 4 (Civil proceedings).
Division 4.6	General
97	Application of Criminal Code, ch 7
A proceeding before the tribunal is a legal proceeding for the Criminal Code, chapter 7 (Administration of justice offences).
Note	That chapter includes offences (eg perjury, falsifying evidence, failing to attend and refusing to be sworn) applying in relation to tribunal proceedings.
98	Protection of members etc
	(1)	A member of the tribunal has, in the exercise of any function as a member, the same protection and immunity as a judge of the Supreme Court in proceedings in that court.
	(2)	A legal practitioner or other person appearing before the tribunal on behalf of a party to a proceeding has the same protection and immunity as a barrister has in appearing for a party to a proceeding before the Supreme Court.
	(3)	Subject to this Act, a person summoned to attend or appearing before the tribunal as a witness has the same protection and is subject to the same liabilities as a witness in proceedings in the Supreme Court.

Part 5	Inquiries
    
100	Executive may order inquiry
	(1)	The Executive may, in writing, appoint the tribunal or any other entity to inquire into matters about the provision of credit, or the consequences of the provision of credit, stated in the appointment.
Note	Power given under an Act to make an instrument (including on appointment) includes power to amend or repeal the instrument (see Legislation Act 2001, s 46 (1)).
	(2)	An appointment is subject to any condition stated in the appointment.
	(3)	Subject to the appointment, the tribunal or the person appointed under subsection (1) has the functions and powers given by or under this part.
	(4)	An appointment is a notifiable instrument.
Note 1	A notifiable instrument must be notified under the Legislation Act 2001.
Note 2	An amendment or repeal of an instrument of appointment is also a notifiable instrument (see Legislation Act 2001, s 46 (2)).
	(5)	The Executive must also publish the terms of each appointment in a daily newspaper circulating in the ACT.
101	Notice of inquiry
	(1)	Before beginning an inquiry, the tribunal or person conducting the inquiry must prepare a written notice setting out the following matters:
	(a)	the holding of the inquiry;
	(b)	the subject matter of the inquiry;
	(c)	the time and date when, and place where, the inquiry is to be held.
	(2)	The notice may include anything else the tribunal or person considers appropriate.
	(3)	The notice is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act 2001.
	(4)	The tribunal or person conducting the inquiry must also publish the notice in a daily newspaper circulating in the ACT.
102	Application of Inquiries Act 1991
The Inquiries Act 1991, part 3 (other than sections 14 and 14A), part 4 and sections 38 and 39 apply in relation to an inquiry under this part as if, in those provisions—
	(a)	a reference to an inquiry were a reference to an inquiry under this part; and
	(b)	a reference to a board of inquiry were a reference to the tribunal or the person appointed under section 100 (1); and
	(c)	a reference to the chairperson of a board of inquiry were a reference to—
	(i)	the presidential member constituting the tribunal (whether alone or with other members); or
	(ii)	the person appointed under section 100 (1); and
	(d)	a reference to a member of such a board were a reference to a member of the tribunal or that person.
104	Findings and recommendations
On completion of an inquiry, the tribunal or the person conducting the inquiry shall, as soon as practicable—
	(a)	give a written report of the results of the inquiry to the Minister; and
	(b)	make such recommendations in that report with respect to the results as the tribunal or that person thinks fit.

Part 6	Unjust conduct
    
105	Undertakings
	(1)	If the commissioner is satisfied that a person has engaged in unjust conduct as a credit provider or finance broker, the commissioner may, with the consent of the Minister—
	(a)	request the person to give an undertaking in respect of 1 or more of the following matters by a deed approved by the commissioner:
	(i)	refraining from that conduct;
	(ii)	rectifying its consequences;
	(iii)	future conduct by the person; or
	(b)	apply to the tribunal for an order under section 107 (1).
	(2)	The commissioner may not—
	(a)	take disciplinary action under section 24 or 55; or
	(b)	apply for an order under section 107 (1);
in respect of conduct that is in accordance with an undertaking. 
	(3)	A person shall not contravene an undertaking.
Maximum penalty:  100 penalty units.
	(4)	A prosecution for an offence against subsection (3) shall not be instituted except by the commissioner with the leave of the tribunal.
106	Registration of undertakings
	(1)	The commissioner shall—
	(a)	keep a register containing the prescribed particulars in respect of each undertaking referred to in section 105; and
	(b)	ensure that the register is available for public inspection free of charge at the office of the commissioner.
	(2)	The register shall be kept in such form and manner as the commissioner thinks fit.
	(3)	The commissioner shall—
	(a)	retain each deed by which an undertaking is given; and
	(b)	give a copy of the deed to—
	(i)	the person who gave the undertaking; and 
	(ii)	the registrar.
107	Orders by tribunal
	(1)	If the tribunal is satisfied that a person has engaged in unjust conduct as a credit provider or finance broker, it may order the person to refrain from such conduct.
	(2)	If the tribunal is satisfied that a person has contravened an undertaking referred to in section 105, it may order the person to comply with the undertaking within a period specified in the order.
	(3)	If the tribunal is satisfied that a person—
	(a)	is a defined influential person in relation to a body corporate; and
	(b)	has consented to or connived at—
	(i)	unjust conduct to which subsection (1) applies; or
	(ii)	a contravention of an undertaking referred to in section 105;
by the body corporate;
the tribunal may, by order, prohibit the person from engaging in such activities.
	(4)	An order under this section is subject to such conditions as are specified in the order.
	(5)	The tribunal shall not make an order under this section except on application by the commissioner.
108	Contravention of orders
	(1)	A person who contravenes an order under section 107 (1) commits an offence.
Maximum penalty:  100 penalty units.
	(2)	A person who contravenes an order under section 107 (2) commits an offence.
Maximum penalty:  100 penalty units.
	(3)	A person who contravenes an order under section 107 (3) commits an offence.
Maximum penalty:  100 penalty units.

Part 7	Role of commissioner
Division 7.1	Functions and powers generally
109	Functions
In addition to any other functions given to the commissioner under the consumer credit legislation, the commissioner has the following functions:
	(a)	to investigate complaints about matters relating to the consumer credit legislation received by the commissioner from credit providers, debtors, finance brokers and other persons who might reasonably be taken to have an interest in the matters complained about, and to provide advice to complainants about those matters;
	(b)	to conduct, on his or her own initiative, other investigations and research about matters relating to the consumer credit legislation;
	(c)	to give to, and exchange information with, persons who, under a law of a State or another Territory, have functions similar to those given to the commissioner under the consumer credit legislation;
	(d)	to commence and conduct proceedings for offences against the consumer credit legislation;
	(e)	at the request of the president or the registrar, to prepare reports for, and to provide other assistance to, the tribunal.
110	Powers
The commissioner has power to do all things necessary or convenient to be done for or in connection with the exercise of his or her functions under the consumer credit legislation.
Division 7.2	Functions in relation to proceedings
111	Representing other persons before tribunal
	(1)	Despite anything in the consumer credit legislation, the commissioner may represent a party in a proceeding before the tribunal.
	(2)	For subsection (1), the commissioner may—
	(a)	appear in person; or
	(b)	be represented by a legal practitioner or another person.
112	Taking or defending proceedings for other persons
	(1)	If, after investigating a complaint about a matter arising under the consumer credit legislation made by—
	(a)	an individual; or
	(b)	a strata corporation under the Credit Code;
the commissioner is satisfied that—
	(c)	the complainant may have a right to take proceedings, or a defence to proceedings taken, in a court or the tribunal in respect of the matter complained about; and
	(d)	it would be in the public interest for the commissioner to take or defend those proceedings on behalf of the complainant;
the commissioner may, with the written consent of the complainant and the Minister, take or defend those proceedings on behalf of and in the name of the complainant.
	(2)	The consent of a complainant is not revocable after the commissioner has taken a step in the proceedings unless the commissioner agrees to the revocation.
113	Conduct of proceedings so taken or defended
	(1)	This section applies in relation to proceedings being taken or defended by the commissioner under section 112.
	(2)	The commissioner shall have the conduct of the proceedings on behalf of the complainant.
	(3)	The commissioner may—
	(a)	appear in person; or
	(b)	despite any other law in force in the ACT, be represented by a legal practitioner or another person.
	(4)	The commissioner may do anything necessary or expedient to be done to give effect to an order or decision of the court or tribunal.
	(5)	The complainant is liable to pay any amount (other than an amount for costs) that the complainant is ordered by the court or tribunal to pay.
	(6)	The Territory is liable to pay the costs of the complainant, including any costs awarded against the complainant.
114	Intervention by Minister or commissioner
	(1)	The Minister or, subject to subsection (2), the commissioner may intervene in proceedings under the consumer credit legislation (other than proceedings for an offence) that are before a court or the tribunal if satisfied that it would be in the public interest to do so.
	(2)	The commissioner may only intervene with the Minister’s consent.
	(3)	If the Minister or commissioner intervenes in proceedings, he or she—
	(a)	is, by force of this section, a party to the proceedings; and
	(b)	may—
	(i)	appear in person; or
	(ii)	despite any other law in force in the ACT, be represented by a legal practitioner or another person.
115	Presumption that Minister has consented
If the commissioner—
	(a)	takes or defends proceedings under section 112; or
	(b)	intervenes in proceedings under section 114;
it shall be presumed that the Minister consented to the commissioner doing so, but that presumption is rebuttable.
116	Investigation of certain applications to tribunal
Before an application under the Credit Act 1985, section 86, or the Credit Code, section 101, is heard, the commissioner shall, if required to do so by the presidential member, investigate the application and report the findings to the tribunal.
Division 7.3	Powers in relation to investigations
117	Investigators
	(1)	An investigation for section 109 (a) or (b) may be made by the commissioner or a person authorised, in writing, by the commissioner (an investigator).
	(2)	The commissioner must issue an identity card under the Fair Trading (Consumer Affairs) Act 1973, section 15 to each investigator.
118	Powers of entry and inspection
	(1)	An investigator may—
	(a)	for the purpose of ensuring that the consumer credit legislation is being complied with, enter—
	(i)	any premises (other than residential premises) at any reasonable time; or
	(ii)	any premises with the consent of the occupier or a person apparently in charge of the premises; or
	(b)	enter any premises under a search warrant.
	(2)	An investigator may enter premises under subsection (1)—
	(a)	with such assistance; and
	(b)	when entering under a warrant—with such force;
as is necessary and reasonable.
	(3)	An investigator who enters premises under subsection (1) is not authorised to remain on the premises if the investigator does not produce his or her identity card for inspection if asked to do so by the occupier or a person apparently in charge of the premises.
	(4)	If an investigator enters premises under subsection (1), the investigator may—
	(a)	inspect any record found on the premises; and
	(b)	take copies of and extracts from any such records; and
	(c)	require  any person on the premises to—
	(i)	make available any record kept on the premises; and
	(ii)	furnish information; and
	(iii)	answer questions.
119	Consent to entry
	(1)	Before obtaining the consent of a person to enter premises for section 118 (1) (a) (ii), an investigator must—
	(a)	show the person his or her identity card; and
	(b)	tell the person that the person may refuse to give consent.
	(2)	If an investigator obtains the consent of a person for section 118 (1) (a) (ii), the investigator shall ask the person to sign a written acknowledgment of—
	(a)	the fact that the person has been informed that he or she may refuse to give consent; and
	(b)	the fact that the person has voluntarily given consent; and
	(c)	the day and the time when the consent was given.
	(3)	An entry by an investigator under a person’s consent is not lawful unless the consent was voluntary.
	(4)	If—
	(a)	it is material, in any proceedings, for a court to be satisfied that the consent of a person for section 118 (1) (a) (ii) was voluntary; and
	(b)	an acknowledgment, in accordance with subsection (2), signed by the person is not produced in evidence;
the court shall assume, unless the contrary is proved, that the consent was not voluntary.
120	Search warrants
	(1)	If—
	(a)	an information is laid before a magistrate alleging that an investigator has reasonable grounds for suspecting that there may be on any premises a thing of a particular kind connected with a particular offence against the consumer credit legislation; and
	(b)	the information sets out those grounds;
the magistrate may issue a search warrant authorising the investigator named in the warrant, with such assistance and by such force as is necessary and reasonable—
	(c)	to enter the premises described in the warrant; and
	(d)	to search the premises for things of the kind mentioned in paragraph (a); and
	(c)	to exercise any of the powers under section 118 (4) in respect of those things.
	(2)	A magistrate shall not issue a warrant unless—
	(a)	the informant or another person has given the magistrate, either orally or by affidavit, any further information that the magistrate requires concerning the grounds on which the issue of the warrant is being sought; and
	(b)	the magistrate is satisfied that there are reasonable grounds for issuing the warrant.
	(3)	A warrant shall—
	(a)	state the purpose for which it is issued, including a reference to the nature of the offence in connection with which the entry and search is authorised; and
	(b)	state that the entry is authorised at any time of the day or night, or specify particular hours when the entry is authorised; and
	(c)	a description of the kind of things in relation to which the powers under section 118 (4) may be exercised; and
	(d)	specify a date (being a date not later than 1 month after the date when the warrant is issued) when the warrant ceases to have effect.
121	Power to obtain information or documents
	(1)	If an investigator is satisfied that a person is capable of providing information or producing a document reasonably required for the purpose of ensuring that the consumer credit legislation is being complied with, the investigator may, by written notice, require the person—
	(a)	to provide the information to the investigator in the manner specified in the notice; or
	(b)	to produce the document to the investigator.
	(2)	A notice shall state—
	(a)	the place where the information is to be provided or the document is to be produced; and
	(b)	the time where, or the period within which, the information is to be provided or the document produced.
	(3)	A person is not required to comply with a notice unless, at the time the notice is given, the investigator warns the person that the person is obliged to comply.
	(4)	A person is not excused from providing information or producing a document required under this section on the ground that the information or document would tend to incriminate the person.
Note	The Legislation Act 2001, s 171 deals with the application of client legal privilege.
	(5)	If a person provides information or produces a document in compliance with a notice—
	(a)	the information provided or the document produced; and
	(b)	any other information, document or thing obtained as a direct or indirect consequence of that information or document;
is not admissible in evidence against the person in any criminal proceedings, other than proceedings for an offence in respect of the falsity of the information or document or an offence against section 123.
122	Retaining and copying documents produced
If a person produces to an investigator a document in compliance with a notice under section 121, the investigator—
	(a)	may take possession of, and make copies of, the document; and
	(b)	may retain possession of the document for such period as is necessary to make those copies; and
	(c)	shall, during that period, comply with any reasonable request by or of behalf of the person who produced the document to inspect and make copies of the document.
123	Obstructing etc investigator
A person shall not, without reasonable excuse—
	(a)	obstruct or hinder an investigator in the exercise of his or her powers under this division; or
	(b)	fail to comply with a requirement under section 118 (4) (c) or a notice under section 121.
Maximum penalty:
	(a)	for paragraph (a)—50 penalty units, imprisonment for 6 months or both; or
	(b)	for paragraph (b)—50 penalty units.

Part 8	Financial counselling trust fund
    
124	Continuation of fund
	(1)	The financial counselling trust fund in existence under the Credit Act 1985 immediately before the commencement of this part continues in existence by force of this section with the same name.
	(2)	The money constituting the fund immediately before the commencement of this part continues to form part of the fund.
125	Payments to fund
The following amounts shall be paid to the financial counselling trust fund:
	(a)	amounts of public money appropriated by an Act for the purposes of the fund;
	(b)	amounts of civil penalties paid under the Credit Code, section 106;
	(c)	amounts that a credit provider or finance broker has agreed or undertaken to pay to the fund;
	(d)	amounts paid to the Territory because of an order under the Credit Act 1985, section 85AA (1);
	(e)	amounts recovered by enforcing orders under the Credit Act 1985, section 85AA (1) as judgments under section 92, and interest on such amounts;
	(f)	interest received from the investment of money of the fund.
126	Payments from fund
The moneys of the financial counselling trust fund may be applied for any of the following purposes:
	(a)	consumer credit counselling;
	(b)	credit and debt management education;
	(c)	consumer credit research;
	(d)	consumer credit litigation;
	(e)	any other credit related activity determined by the Minister.
127	Bank account
All money received by the financial counselling trust fund shall be paid into a trust bank account maintained under the Financial Management Act 1996, section 51.

Part 9	Miscellaneous
Division 9.1	Review by credit tribunal
128	Review of decisions—credit providers
Application may be made to the tribunal for review of a decision of the commissioner—
	(a)	under section 20 (1) cancelling the registration of a credit provider who is an individual; or
	(b)	under section 20 (1) suspending the registration of a credit provider who is an individual; or
	(c)	under section 20 (2) cancelling the registration of a credit provider that is a body corporate; or
	(d)	under section 20 (2) suspending the registration of a credit provider that is a body corporate; or
	(e)	under section 20 (3) disqualifying a credit provider from obtaining registration as a credit provider or finance broker; or
	(f)	under section 20 (4) (a) removing the suspension imposed on a credit provider; or
	(g)	under section 20 (4) (b) revoking the disqualification of a credit provider; or
	(h)	under section 24 (1) taking disciplinary action against a credit provider; or
	(i)	under section 24 (1) (f) disqualifying a defined influential person from obtaining registration as a credit provider or finance broker; or
	(j)	under section 24 (1) not to take disciplinary action in relation to a credit provider after inviting the credit provider to show cause why the action should not be taken.
129	Review of decisions—finance brokers
Application may be made to the tribunal for review of a decision of the commissioner —
	(a)	under section 51 (1) cancelling the registration of a finance broker who is an individual; or
	(b)	under section 51 (1) suspending the registration of a finance broker who is an individual; or
	(c)	under section 51 (2) cancelling the registration of a finance broker that is a body corporate; or
	(d)	under section 51 (2) suspending the registration of a finance broker that is a body corporate; or
	(e)	under section 51 (3) disqualifying a finance broker from obtaining registration as a finance broker or credit provider; or
	(f)	under section 51 (4) (a) removing the suspension imposed on a finance broker; or
	(g)	under section 51 (4) (b) revoking the disqualification of a finance broker; or
	(h)	under section 55 (1) taking disciplinary action against a finance broker; or
	(i)	under section 55 (1) (f) disqualifying a defined influential person from obtaining registration as a finance broker or credit provider; or
	(j)	under section 55 (1) not to take disciplinary action in relation to a finance broker after inviting the finance broker to show cause why the action should not be taken.
130	Notification of decisions
	(1)	If the commissioner makes a decision of the kind referred to in section 128 or 129, the commissioner shall, within 28 days after making the decision, give written notice of the decision to—
	(a)	the credit provider or finance broker; and
	(b)	if the decision is of the kind referred to in section 128 (h), (i) or (j) or 129 (h), (i) or (j) and was taken after a complaint was made under section 22 or 53 about the credit provider or finance broker—the complainant; and
	(c)	if the decision is of the kind referred to in section 128 (i) or 129 (i)—the defined influential person.
	(2)	A notice under section (1) shall—
	(a)	set out the commissioner’s findings on material questions of fact, referring to the evidence or other material on which those findings were based, and the reasons for the commissioner’s decision; and
	(b)	include a statement to the effect that an application may be made within 28 days after the date of the notice to the tribunal for review of the decision. 
	(3)	The validity of a decision shall not be taken to be affected by a failure to comply with this section.
131	Application for review
	(1)	A person to whom the commissioner is required to give notice of a decision under section 130 may, within 28 days after receiving notice, apply to the tribunal for review of the decision.
	(2)	The tribunal may, on written application, extend the time for the making of an application under subsection (1).
132	Review by tribunal
	(1)	The tribunal may review any decision of the commissioner in respect of which an application is made to it under section 128 or 129.
	(2)	For the purpose of reviewing a decision, the tribunal may exercise all the powers that are given by this Act to the commissioner and shall make a decision—
	(a)	affirming the decision under review; or
	(b)	varying the decision under review; or
	(c)	setting aside the decision under review and—
	(i)	making a decision in substitution for the decision so set aside; or
	(ii)	remitting the matter for reconsideration by the commissioner in accordance with any directions or recommendations of the tribunal.
Division 9.2	General
134	Secrecy
	(1)	This section applies to a person—
	(a)	who is or has been engaged in the administration of the consumer credit legislation; or
	(b)	who receives information or a document from the commissioner under that legislation.
	(2)	Subject to subsection (3), a person to whom this section applies shall not—
	(a)	make a record of, or directly or indirectly divulge or communicate to a person, information concerning the affairs of another person acquired for the consumer credit legislation; or
	(b)	produce to a person a document produced for the consumer credit legislation.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(3)	Subsection (2) does not prevent a person to whom this section applies from—
	(a)	divulging or communicating information concerning the affairs of another person with that person’s consent; or
	(b)	divulging or communicating information, or producing a document, to a court for the purposes of civil or criminal proceedings.
135	Limitation on prosecution
Despite any other law in force in the ACT, proceedings for an offence against this Act or the Credit Act 1985 may be brought—
	(a)	within the period of 3 years immediately following the commission of the offence; or
	(b)	with the consent of the Minister, at any time after the expiration of that period.
136	Conduct of agents
	(1)	The conduct of an officer, employee or agent of a credit provider or finance broker acting within his or her actual or ostensible authority will be taken to be the conduct of the credit provider or finance broker.
	(2)	Subsection (1) does not apply in relation to the prosecution of a credit provider or finance broker that is a corporation.
Note	See the Criminal Code, pt 2.5 for provisions about corporate criminal responsibility.
137	Extensions of time
Unless the contrary intention appears, a power of a court or the tribunal, commissioner or registrar to extend a period under this Act or the Credit Act 1985 may be exercised despite the period having elapsed.
138	Registration—evidence 
A certificate purporting to be signed by the commissioner stating that a specified person was or was not, on a specified day or during a specified period, a registered credit provider or a registered finance broker is evidence of the matters so stated.
140	Determination of fees
	(1)	The Minister may, in writing, determine fees for this Act.
Note	The Legislation Act 2001 contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).
	(2)	A determination is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
140A	Approved forms
	(1)	The Minister may, in writing, approve forms for this Act.
	(2)	If the Minister approves a form for a particular purpose, the approved form must be used for that purpose.
	(3)	An approved form is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act 2001.
141	Regulation-making power
	(1)	The Executive may make regulations for this Act.
Note	Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
	(2)	The regulations may also prescribe offences for contraventions of the regulations and prescribe maximum penalties of not more than 10 penalty units for offences against the regulations.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	par = paragraph/subparagraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	pt = part	
div = division	r = rule/subrule	
exp = expires/expired	renum = renumbered	
Gaz = gazette	reloc = relocated	
hdg = heading	R[X] = Republication No	
IA = Interpretation Act 1967	RI = reissue	
ins = inserted/added	s = section/subsection	
LA = Legislation Act 2001	sch = schedule	
LR = legislation register	sdiv = subdivision	
LRA = Legislation (Republication) Act 1996	sub = substituted	
mod = modified/modification	SL = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed	or to be expired	
3	Legislation history
Consumer Credit (Administration) Act 1996 No 41
notified 2 September 1996 (Gaz 1996 No S223)
s 1, s 2 commenced 2 September 1996 (s 2 (1))
remainder commenced 1 November 1996 (s 2 (2) and Gaz 1996 No S272)
as amended by 
Legal Practitioners (Consequential Amendments) Act 1997 No 96 sch 1
notified 1 December 1997 (Gaz 1997 No S380)
s 1, s 2 commenced 1 December 1997 (s 2 (1))
sch 1 commenced 1 June 1998 (s 2 (2))
Consumer Credit (Administration) (Amendment) Act 1998 No 47
notified 16 November 1998 (Gaz 1998 No S205)
commenced 16 November 1998 (s 2)
Statute Law Revision (Penalties) Act 1998 No 54 sch
notified 27 November 1998 (Gaz 1998 No S207)
s 1, s 2 commenced 27 November 1998 (s 2 (1))
sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)
Financial Sector Reform (ACT) Act 1999 No 33 sch
notified 25 June 1999 (Gaz 1999 No S34)
s 1, s 2, dict commenced 25 June 1999 (s 2 (1))
sch commenced 1 July 1999 (s 2 (2) and Cwlth Gaz 1999 No S289)
Law Reform (Miscellaneous Provisions) Act 1999 No 66 sch 3
notified 10 November 1999 (Gaz 1999 No 45)
commenced 10 November 1999 (s 2)
Justice and Community Safety Legislation Amendment Act 2000 No 1 sch
notified 9 March 2000 (Gaz 2000 No 10)
s 1, s 2 commenced 9 March 2000 (s 2 (1))
amdts commenced 9 September 2000 (s 2 (3))
Justice and Community Safety Legislation Amendment Act 2000 (No 2) No 2 sch
notified 9 March 2000 (Gaz 2000 No 10)
commenced 9 March 2000 (s 2)
Justice and Community Safety Legislation Amendment Act 2000 (No 3) No 17 sch 1
notified 1 June 2000 (Gaz 2000 No 22)
commenced 1 June 2000 (s 2)
Legislation (Consequential Amendments) Act 2001 No 44 pt 77
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 77 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Justice and Community Safety Legislation Amendment Act 2001 No 70 sch 1
notified LR 14 September 2001
s 1, s 2 commenced 14 September 2001 (LA s 75)
amdts taken to have commenced 29 May 2001 (s 2 (4))
Legislation Amendment Act 2002 No 11 pt 2.10
notified LR 27 May 2002
s 1, s 2 commenced 27 May 2002 (LA s 75)
pt 2.10 commenced 28 May 2002 (s 2 (1))
Justice and Community Safety Legislation Amendment Act 2002 No 27 pt 5
notified LR 9 September 2002
s 1, s 2 commenced 9 September 2002 (LA s 75)
pt 5 commenced 10 September 2002 (s 2 (1))
Cooperatives Act 2002 No 45 amdt 6.2
notified LR 5 December 2002
s 1, s 2 commenced 5 December 2002 (LA s 75 (1))
amdt 6.2 commenced 5 June 2003 (s 2 and LA s 79)
Justice and Community Safety Legislation Amendment Act 2003 A2003-2 pt 3
notified LR 3 March 2003
s 1, s 2 commenced 3 March 2003 (LA s 75 (1))
pt 3 commenced 31 March 2003 (s 2 (2))
Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 1 pt 1.6, sch 2 pt 2.21
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))
sch 1 pt 1.6, sch 2 pt 2.21 commenced 9 April 2004 (s 2 (1))
Court Procedures (Consequential Amendments) Act 2004 A2004-60 sch 1 pt 1.14
notified LR 2 September 2004
s 1, s 2 commenced 2 September 2004 (LA s 75 (1))
sch 1 pt 1.14 commenced 10 January 2005 (s 2 and see Court Procedures Act 2004 A2004-59, s 2 and CN2004-29)
Criminal Code (Administration of Justice Offences) Amendment Act 2005 A2005-53 sch 1 pt 1.4
notified LR 26 October 2005
s 1, s 2 commenced 26 October 2005 (LA s 75 (1))
sch 1 pt 1.4 commenced 23 November 2005 (s 2)
4	Amendment history
Commencement
s 2	om R2 LRA
Definitions for Act
s 3	def bank om 1999 No 66 sch 3
	def bureau om 1999 No 66 sch 3
	def chairperson om 2000 No 2 sch
	def commissioner ins 2000 No 17 sch 1
	def consumer credit legislation sub 2001 No 44 amdt 1.806
	def consumer member ins 2000 No 2 sch
	def deputy president ins 2000 No 2 sch
	def deputy registrar om 1999 No 66 sch 3
	def determined fee om 2001 No 44 amdt 1.807
	def director sub 1999 No 66 sch 3
	om 2000 No 17 sch 1
	def financial institution am 1999 No 33 sch; A2002-45 amdt 6.2
	def Financial Institutions (ACT) Code om 1999 No 33 sch
	def industry member ins 2000 No 17 sch 1
	def investigating officer om 2000 No 17 sch 1
	def investigator ins 2000 No 17 sch 1
	def legal practitioner om 1997 No 86 sch
	def member ins 2000 No 2 sch
	def non-presidential member ins 2000 No 2 sch
	def office ins 1999 No 66 sch 3
	om 2000 No 17 sch 1
	def premises am 2000 No 17 sch 1
	def president ins 2000 No 2 sch
	def presidential member ins 2000 No 2 sch
	def registrar sub 1999 No 66 sch 3
	def tribunal sub 1999 No 66 sch 3
Exemptions
div 2.1 hdg	(prev pt 2 div 1 hdg) renum R3 LA
Exemption—banks
s 4	sub A2003-2 s 14
Exemption—Ministerial determination
s 6	am 2001 No 44 amdt 1.808, amdt 1.809
Provision of consumer credit
div 2.2 hdg	(prev pt 2 div 2 hdg) renum R3 LA
Registration of consumer credit providers
div 2.3 hdg	(prev pt 2 div 3 hdg) renum R2 LA
Application for registration
s 11	am 2000 No 17 sch 1; 2001 No 44 amdts 11.810-1.812; pars	 renum 2001 No 44 amdt 1.813
Registration
s 12	am 2000 No 17 sch 1; 2001 No 44 amdt 1.814, amdt 1.815
Endorsement of names
s 13	am 2000 No 17 sch 1
Changed particulars
s 14	am 2000 No 17 sch 1
Annual fee and statement
s 16	am 2000 No 17 sch 1; 2001 No 44 amdts 1.816-1.820
	ss renum R3 LA (see 2001 No 44 amdt 1.821)
Cancellation of registration for failure to pay fee or provide statement
s 17	am 2000 No 17 sch 1
Surrender of registration
s 18	am 2000 No 17 sch 1
Disciplinary procedures
div 2.4 hdg	(prev pt 2 div 4 hdg) renum R3 LA
Meaning of credit provider for div 2.4
s 18A	ins A2003-2 s 15
Powers of inquiry
s 19	am 2000 No 17 sch 1; A2003-2 s 30
Cancellation or suspension for bankruptcy, fraud, dishonesty or incapacity
s 20	am 2000 No 17 sch 1
Grounds for other disciplinary action
s 21	am 2000 No 17 sch 1; A2003-2 s 30
Complaints against credit providers
s 22	am 2000 No 17 sch 1; A2003-2 s 30
Notice to show cause
s 23	am 2000 No 17 sch 1; A2003-2 s 30
Disciplinary action
s 24	am 2000 No 17 sch 1; A2003-2 s 16, s 17, s 30
General
div 2.5 hdg	(prev pt 2 div 5 hdg) renum R3 LA
Civil penalties—credit providers
s 24A	ins 1998 No 47
	sub A2003-2 s 18
Death of registered credit provider
s 25	am 2000 No 17 sch 1
Register of credit providers
s 26	am 2000 No 17 sch 1
Access to register
s 27	am 2000 No 17 sch 1; 2001 No 44 amdt 1.822, amdt 1.823
False or misleading statements
s 28	om A2004-15 amdt 2.48
Exemption—particular entities
s 29 hdg	sub A2003-2 s 19
s 29	pars renum R3 LA
	am A2003-2 s 19
Exemption—finance broking in the course of another business
s 30	am A2003-2 s 20
Exemption—Ministerial determination
s 31	am 2001 No 44 amdt 1.824, amdt 1.825
Finance broking
div 3.2 hdg	(prev pt 3 div 2 hdg) renum R3 LA
Commissions
s 35	am 2002 No 27 s 16; A2003-2 s 21
Registration of finance brokers
div 3.3 hdg	(prev pt 3 div 3 hdg) renum R3 LA
Application for registration
s 42	am 2000 No 17 sch 1; 2001 No 44 amdts 1.826-1.828; paragraphs renum 2001 No 44 amdt 1.829
Registration
s 43	am 2000 No 17 sch 1; 2001 No 44 amdt 1.830, amdt 1.831
Endorsement of names
s 44	am 2000 No 17 sch 1
Changed particulars
s 45	am 2000 No 17 sch 1
Annual fee and statement
s 47	am 2000 No 17 sch 1; 2001 No 44 amdts 1.832-1.836
	ss renum R3 LA (see 2001 No 44 amdt 1.837)
Cancellation of registration for failure to pay fee or provide statement
s 48	am 2000 No 17 sch 1
Surrender of registration
s 49	am 2000 No 17 sch 1
Disciplinary procedures
div 3.4 hdg	(prev pt 3 div 4 hdg) renum R3 LA
Meaning of finance broker for div 3.4
s 49A	ins A2003-2 s 22
Powers of inquiry
s 50	am 2000 No 17 sch 1; A2003-2 s 31
Cancellation or suspension for bankruptcy, fraud, dishonesty or incapacity
s 51	am 2000 No 17 sch 1
Grounds for other disciplinary action
s 52	am 2000 No 17 sch 1; A2003-2 s 31
Complaints against finance brokers
s 53	am 2000 No 17 sch 1; A2003-2 s 31
Notice to show  cause
s 54	am 2000 No 17 sch 1; A2003-2 s 31
Disciplinary action
s 55	am 2000 No 17 sch 1; A2003-2 s 23, s 24, s 31
General
div 3.5 hdg	(prev pt 3 div 5 hdg) renum R3 LA
Civil penalties—finance brokers
s 55A	ins 1998 No 47
	sub A2003-2 s 25
Death of registered finance broker
s 56	am 2000 No 17 sch 1
Register of finance brokers
s 57	am 2000 No 17 sch 1
Access to register
s 58	am 2000 No 17 sch 1; 2001 No 44 amdt 1.838, amdt 1.839
Establishment, functions and powers
div 4.1 hdg	(prev pt 4 div 1 hdg) renum R3 LA
Functions and powers
s 61	am 2000 No 2 sch
Tribunal members
div 4.2 hdg	(prev pt 4 div 2 hdg) sub 2000 No 2 sch
	renum R3 LA
Membership of tribunal
s 62	sub 2000 No 2 sch
Presidential members
s 63	sub 2000 No 2 sch
Non-presidential members
s 64	sub 2000 No 2 sch
Terms of appointment generally
s 65	sub 2000 No 2 sch
Matters to be included in instrument of appointment etc
s 66	sub 2000 No 2 sch
Duration of appointment
s 67	sub 2000 No 2 sch
Acting members
s 68	om 2000 No 2 sch
Registrar and deputy registrars
div 4.3 hdg	(prev pt 4 div 4 hdg) sub 1999 No 66 sch 3
	renum R3 LA
Registrar and deputy registrars
s 69	sub 1999 No 66 sch 3
Deputy registrar
s 70	om 1999 No 66 sch 3
Constitution of tribunal
s 71	sub 2000 No 2 sch
Role of president
s 72	sub 2000 No 2 sch
Presiding member
s 73	sub 2000 No 2 sch
Directions by presidential member
s 75	sub 2000 No 2 sch
Assistance from commissioner
s 76	am 2000 No 2 sch; 2000 No 17 sch 1
Deciding questions
s 77	sub 2000 No 2 sch
Referral of questions of law to Supreme Court
s 78	am 2000 No 2 sch
	sub A2004-60 amdt 1.80
Adding parties
s 81	am 2000 No 2 sch
Notice of proceeding
s 82	sub 2000 No 2 sch
Witness subpoenas
s 86	am 2000 No 2 sch
	sub A2005-53 amdt 1.25
	(8), (9) exp 23 November 2006 (s 86 (9))
Power to require witness to take oath etc
s 87	am 1998 No 54 sch
	sub 2000 No 2 sch; A2005-53 amdt 1.25
Appeals to Supreme Court
div 4.5 hdg	(prev pt 4 div 5 hdg) renum R3 LA
	sub A2004-60 amdt 1.81
Appeals from tribunal decisions
s 94	sub A2004-60 amdt 1.81
	(5), (6) exp 10 January 2006 (s 94 (6))
Appeals from Magistrates Court decisions
s 95	sub A2004-60 amdt 1.81
Jurisdiction of Supreme Court
s 96	om A2004-60 amdt 1.81
General
div 4.6 hdg	(prev pt 4 div 6 hdg) renum R3 LA
Application of Criminal Code, ch 7
s 97	sub A2005-53 amdt 1.26
Fees payable to registrar
s 99	om 2000 No 1 sch
Executive may order inquiry
s 100 hdg	am 2000 No 2 sch
s 100	am 2000 No 2 sch; 2001 No 44 amdt 1.840, amdt 1.841
Notice of inquiry
s 101	sub 2001 No 44 amdt 1.842
Application of Inquiries Act 1991
s 102	am 2000 No 2 sch
Summons—indecipherable records
s 103	om A2005-53 amdt 1.27
Undertakings
s 105	am 2000 No 17 sch 1
Registration of undertakings
s 106	am 2000 No 17 sch 1
Orders by tribunal
s 107	am 2000 No 17 sch 1
Role of commissioner
pt 7 hdg	sub 2000 No 17 sch 1
Functions and powers generally
div 7.1 hdg	(prev pt 7 div 1 hdg) renum R3 LA
Functions
s 109	am 2000 No 2 sch; 2000 No 17 sch 1
Powers
s 110	am 2000 No 17 sch 1
Functions in relation to proceedings
div 7.2 hdg	(prev pt 7 div 2 hdg) renum R3 LA
Representing other persons before tribunal
s 111	am 2000 No 17 sch 1
Taking or defending proceedings for other persons
s 112	am 2000 No 17 sch 1
Conduct of proceedings so taken or defended
s 113	am 2000 No 17 sch 1
Intervention by Minister or commissioner
s 114	am 2000 No 17 sch 1
Presumption that Minister has consented
s 115	am 2000 No 17 sch 1
Investigation of certain applications to tribunal
s 116	am 2000 No 2 sch; 2000 No 17 sch 1
Powers in relation to investigations
div 7.3 hdg	(prev pt 7 div 3 hdg) renum R3 LA
Investigators
s 117	sub 2000 No 17 sch 1
Powers of entry and inspection
s 118	am 2000 No 17 sch 1; 2001 No 70 amdt 1.2
Consent to entry
s 119	am 2000 No 17 sch 1
Search warrants
s 120	am 2000 No 17 sch 1
Power to obtain information or documents
s 121	am 1998 No 47; 2000 No 17 sch 1; 2002 No 11 amdt 2.18, amdt 2.19
Retaining and copying documents produced
s 122	am 2000 No 17 sch 1; 2001 No 70 amdt 1.3
Obstructing etc investigator
s 123	am 2000 No 17 sch 1
Review by credit tribunal
div 9.1 hdg	(prev pt 9 div 1 hdg) renum R3 LA
Review of decisions—credit providers
s 128	am 2000 No 17 sch 1; paragraphs renum R3 LA; A2003-2 s 26, s 27
Review of decisions—finance brokers
s 129	am 2000 No 17 sch 1; paragraphs renum R3 LA; A2003-2 s 28, s 29
Notification of decisions
s 130	am 2000 No 17 sch 1
Application for review
s 131	am 2000 No 17 sch 1
Review by tribunal
s 132	am 2000 No 17 sch 1
Operation and implementation of decision to be reviewed
s 133	om 2000 No 2 sch
General
div 9.2 hdg	(prev pt 9 div 2 hdg) renum R3 LA
Secrecy
s 134	am 2000 No 17 sch 1
Conduct of agents
s 136	am A2004-15 amdt 1.6, amdt 1.7
Extensions of time
s 137	am 2000 No 17 sch 1
Registration—evidence
s 138	am 2000 No 17 sch 1
Compliance with approved forms
s 139	om 2000 No 2 sch
Determination of fees
s 140	am 2000 No 1 sch
	sub 2001 No 44 amdt 1.843
Approved forms
s 140A	ins 2001 No 44 amdt 1.843
Regulation-making power
s 141	sub 2000 No 2 sch; 2001 No 44 amdt 1.843
Transitional provisions about tribunal members
s 142	ins 2000 No 2 sch
	exp 9 June 2000 (s 142 (5))
Existing complaints and investigations etc
s 143	ins 2000 No 17 sch 1
	exp 29 May 2002 (s 144 (1))
Expiry of s 143 and this section
s 144	ins 2000 No 17 sch 1
	sub 2001 No 70 amdt 1.4
	exp 29 May 2002 (s 144 (1))
5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical. 

Republication No	Amendments to	Republication date	
1	Act 1998 No 54	28 February 1999	
2	Act 2000 No 17	15 December 2000	
3	Act 2001 No 70	26 February 2002	
4	Act 2002 No 11	29 May 2002	
5	Act 2002 No 11	30 May 2002	
6	Act 2002 No 27	10 September 2002	
7	A2003-2	31 March 2003	
8*	A2003-2	5 June 2003	
9	A2004-15	9 April 2004	
10	A2004-60	10 January 2005	
11	A2005-53	23 November 2005	

©  Australian Capital Territory 2005