Credit (Administration) Act 1984

A licensee shall, before the expiration of one month after each anniversary of the date on which the licence was granted, pay to the Commissioner in respect of the year commencing on that anniversary the prescribed fee for the licence.

Subsection (1) does not apply in respect of a year commencing on an anniversary falling on or after the referral day.

Regulations may provide for the Commissioner to repay to a licensee part or all of a fee paid by the licensee under subsection (1) in respect of a year commencing on an anniversary falling within 12 months before the referral day.

A person who is or was the holder of a licence during a year, or part of a year, commencing on the date, or an anniversary of the date, on which the licence was granted to the person, shall lodge with the Commissioner a statement in respect of that year or part that is in a form approved by the Minister and is signed by or on behalf of the licensee.

A statement is not required under subsection (2) in respect of a year commencing on an anniversary falling on or after the referral day, or within 12 months before the referral day.

A licensee or other person required under subsection (2) to lodge a statement shall lodge the statement within one month after the end of the year in respect of which, or part of which, the statement is lodged.

The Commissioner may, on the application of a person required to comply with subsection (1), or subsections (2) and (3), extend or further extend the time for compliance with the applicable subsection or subsections.

Where a licensee has failed to pay a fee, or lodge a statement, or pay a fee and lodge a statement, in accordance with this section, the Commissioner shall give notice in writing to the licensee that, unless the fee is paid or the statement lodged, or the fee is paid and the statement lodged, as the case may require, together with the prescribed late fee, before a day specified in the notice, being a day that is not earlier than 14 days after the giving of the notice, the licence will be cancelled.

The Commissioner shall cancel the licence of a licensee who fails to pay a fee or lodge a statement, or pay a fee and lodge a statement, as referred to in a notice given under subsection (5).

Subject to subsection (4), a person (not being a licensee) to whom subsections (2) and (3) apply shall comply with those subsections.

If, while a licence is in force, there occurs —

between the time the application for the licence was granted and the time the first statement is lodged under subsection (2) — a change in the particulars specified in, or in connection with, the application in accordance with section 9(3), (4) and (5); or

between the lodging of successive annual statements under subsection (2) — a change in the particulars specified in the earlier of those statements,

A person shall not, in or in relation to a statement required to be lodged under subsection (2) or a notice required to be given under subsection (8), make a statement that is false or misleading by reason of the inclusion therein of any false or misleading matter or the omission therefrom of any material matter.

It is a defence to a prosecution of a person for an offence under subsection (9) if the person proves that, when the statement was lodged, or the notice given, the person —

believed on reasonable grounds that the false matter was true; or

believed on reasonable grounds that the misleading matter was not misleading; or

in the case of an omission — believed on reasonable grounds that no material matter had been omitted; or

in the case of an omission — did not know that the omitted matter was material.