Credit representative that is a body corporate may sub‑authorise natural persons as credit representatives
65 Credit representative that is a body corporate may sub‑authorise natural persons as credit representatives
Authorisation of natural person as credit representative by credit representative that is a body corporate
A body corporate that is a credit representative of a licensee may, in that capacity, give a natural person a written notice authorising that natural person to engage in specified credit activities on behalf of the licensee.
A natural 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.
Licensee must give consent to authorisation
The authorisation can only be given if the licensee gives the body corporate its written consent to the authorisation. The licensee may give consent in relation to either a specified natural person or a specified class of natural persons (the membership of which might change from time to time).
When authorisation is of no effect
The authorisation:
is of no effect if subsection (6) applies to it when it is given; and
ceases to have effect if and when subsection (6) starts to apply to it after it is given;
to the extent that subsection (6) applies.
This subsection applies to the authorisation to the extent that it purports to authorise:
a natural person to engage in a credit activity that is not authorised by the licensee’s licence; or
a natural person to engage in a credit activity, and a banning order or disqualification order under Part 2‑4 is in force against the natural person in relation to the credit activity; or
a natural 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 natural 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 natural 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 natural person in relation to the authorisation of whom the licensee has not given its written consent in accordance with subsection (4).
To avoid doubt, an authorisation under subsection (1) is taken, for the purposes of sections 66 to 72, to be given by the body corporate, not the licensee.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.