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COMMONWEALTHAct
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s 275

ASIC may bring civil proceedings

In force
Volume 1Chapters 1 to 6 (sections 1 to 322)
Chapter 3Responsible lending conduct
Part 3-7Exemptions and modifications relating to this Chapter
Division 2Exemptions and modifications relating to this Chapter

275 ASIC may bring civil proceedings

If, as a result of an investigation or from a record of an examination (being an investigation or examination conducted under this Chapter), it appears to ASIC to be in the public interest for a person to bring and carry on proceedings (other than proceedings under the Commonwealth credit legislation) for:

(a)

the recovery of damages for fraud, negligence, default, breach of duty, or other misconduct, committed in connection with a matter to which the investigation or examination related; or

(b)

recovery of property of the person;

ASIC:

(c)

if the person is a company (within the meaning of the Corporations Act 2001)—may cause; or

(d)

otherwise—may, with the person’s written consent, cause;

such proceedings to be begun and carried on in the person’s name.

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