National Consumer Credit Protection Act 2009

A licensee must not, in providing or offering to provide a credit service to a consumer, use any of the following terms (either alone or in combination with other words or letters) in a representation to the consumer about the licensee, the service or the licensee’s actions in providing the service:

the phrase “financial counsellor”;

the phrase “financial counselling”;

another term (whether or not in English) that:

is of similar import to a phrase mentioned in paragraph (a) or (b); and

is prescribed by the regulations.

For the purposes of subsection (1), it is a defence if regulations made for the purposes of paragraph 110(1)(a) exempt the licensee from section 29 in relation to a credit activity because the licensee engages in the activity as part of a financial counselling service.

For the purposes of subsection (1), it is a defence if:

the licensee is providing, or offering to provide, the credit service on behalf of another person (the principal); and

the licensee is a representative of the principal; and

regulations made for the purposes of paragraph 110(1)(a) exempt the principal from section 29 in relation to a credit activity because the principal engages in the activity as part of a financial counselling service; and

the licensee’s actions in providing or offering to provide the credit service are within the authority of the principal.

For the purposes of subsection (1), it is a defence if the representation uses any of the terms in the negative (for example, a representation that the licensee is not a financial counsellor).