National Consumer Credit Protection Act 2009

A person must not engage in a credit activity if the person does not hold a licence authorising the person to engage in the credit activity.

A person commits an offence if:

the person is subject to a requirement under subsection (1); and

the person engages in conduct; and

the conduct contravenes the requirement.

For the purposes of subsections (1) and (2), it is a defence if:

the person engages in the credit activity on behalf of another person (the principal); and

the person is:

an employee or director of the principal or of a related body corporate of the principal; or

a credit representative of the principal; and

the person’s conduct in engaging in the credit activity is within the authority of the principal; and

the principal holds a licence authorising the principal to engage in the credit activity.

For the purposes of subsection (2), a defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).

For the purposes of subsections (1) and (2), it is a defence if:

the person engages in the credit activity on behalf of another person (the principal); and

the person is a representative of the principal; and

the person’s conduct in engaging in the credit activity is within the authority of the principal; and

the principal is exempted from subsections (1) and (2) under paragraph 109(1)(a), 109(3)(a) or 110(1)(a).

For the purposes of subsection (2), a defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code).