National Consumer Credit Protection Act 2009

ASIC may give a Part 3‑2CA body a written notice directing the body to lodge with ASIC a written statement containing specified information about whether the body, or another Part 3‑2CA body, is complying with this Part (other than Division 4).

Notices under subsection (1):

may be given at any time; and

may be given to one or more particular Part 3‑2CA bodies, or to each Part 3‑2CA body in one or more classes of Part 3‑2CA bodies, or to all Part 3‑2CA bodies; and

may require all the same information, or may contain differences as to the information they require; and

may require a statement containing information to be given on a periodic basis, or each time a particular event or circumstance occurs, without ASIC having to give a further written notice.

ASIC may also give a Part 3‑2CA body a written notice directing the body to obtain an audit report prepared:

by a suitably qualified person specified in the notice; and

on a statement, or on each statement in a class of statements, under subsection (1); and

before the statement is given to ASIC.

A notice under subsection (3) is not a legislative instrument.

A notice given under this section must specify the day by which the Part 3‑2CA body must comply with the notice (which must be a reasonable period after the notice is given). ASIC may extend the day by giving a written notice to the Part 3‑2CA body.

The Part 3‑2CA body must comply with a notice given under this section within the time specified in the notice.

A person commits an offence if:

the person is subject to a requirement under subsection (6); and

the person engages in conduct; and

the conduct contravenes the requirement.