National Consumer Credit Protection Act 2009

A licensee may give a person a written notice authorising the person to engage in specified credit activities on behalf of the licensee.

A person who is authorised under subsection (1) is a credit representative of the relevant licensee.

The credit activities specified may be some or all of the credit activities authorised by the licensee’s licence.

The authorisation:

is of no effect if subsection (5) applies to it when it is given; and

ceases to have effect if and when subsection (5) starts to apply to it after it is given;

This subsection applies to the authorisation to the extent that it purports to authorise:

a person to engage in a credit activity that is not authorised by the licensee’s licence; or

a person to engage in a credit activity, and a banning order or disqualification order under Part 2‑4 is in force against the person in relation to the credit activity; or

a person who is not a member of the AFCA scheme to engage in a credit activity in relation to a contract that is not a low cost credit contract; or

a person who is not a member of the AFCA scheme to collect, on the licensee’s behalf, repayments made by a debtor under a low cost credit contract; or

a person who is banned from engaging in a credit activity under a law of a State or Territory; or

a natural person who has been convicted, within the last 10 years, of serious fraud; or

a natural person against whom a prescribed State or Territory order is in force; or

a person that is a body corporate, if a prescribed State or Territory order is in force against a director, secretary or senior manager of the body corporate who would perform duties in relation to the credit activities specified in the authorisation; or

a person that is a partnership or the trustees of a trust, if a prescribed State or Territory order is in force against a partner or trustee who would perform duties in relation to the credit activities specified in the authorisation.