Credit (Administration) Act 1984

Any person may, at any time, make to the Commissioner a written complaint about the holding of a licence by a specified licensee if the complaint complies with subsection (2).

For a complaint to comply with this subsection —

the complaint has to specify the licensee and the grounds of the complaint; and

the grounds of the complaint have to be capable of reasonably giving rise to a belief described in subsection (4).

The Commissioner may, on receiving a complaint under subsection (1) or on the Commissioner’s own initiative, make any investigation or inquiry that the Commissioner considers necessary to decide whether there are grounds for believing that at any time before the referral day —

a licence may have been improperly obtained or, at the time a licence was granted, there may have been grounds for refusing to grant it; or

a licensee may have failed to comply with any provision of the cognate Acts, a condition or restriction to which the licence is subject or an order under any of the cognate Acts applicable to the licensee; or

a licensee may be unable, or is likely to become unable, to meet the licensee’s liabilities; or

a licensee has, within the period of 10 years that last preceded the grant of the licence, been found guilty of an offence involving fraud or dishonesty punishable on conviction by imprisonment for 3 months or more; or

the holder of a credit provider’s licence has provided credit at an interest rate that is excessive having regard to the risk involved, the value of any security, the time for repayment, the amount of credit provided and any other relevant circumstances; or

the business to which a licence relates is being carried on in a dishonest or unfair manner; or

the holder of a credit provider’s licence has taken security for the performance of the debtor’s obligations under a contract to which this Act applies that is excessive having regard to the risk involved, the value of the security, the time for repayment, the amount of credit provided, the annual percentage rate and any other relevant circumstances; or

the holder of a credit provider’s licence has taken security for the performance of the debtor’s obligations under a contract to which this Act applies that, having regard to the nature and value of the security, the amount of credit provided and any other relevant circumstances, is unreasonable; or

if a person were not the holder of a licence, the Commissioner would be required by section 12(2) or (4) to refuse an application by the person for a licence; or

the licensee is, for any other reason, not a fit and proper person to continue to hold a licence.

If the Commissioner decides that it is appropriate to do so, the Commissioner may make an allegation to the State Administrative Tribunal that there are reasonable grounds for a belief described in subsection (4) concerning a specified licensee.

If the Commissioner decides not to make an allegation concerning a licensee about whom a complaint was made to the Commissioner under subsection (1), the Commissioner is required to notify the person who made the complaint of that decision and the reason for it.

If the State Administrative Tribunal, on dealing with an allegation under subsection (5), is satisfied that any ground for a belief referred to in subsection (4) has been made out, it may do any one or more of the following —

reprimand the licensee;

impose on the licensee a fine not exceeding $1 000 payable within a specified time;

require the licensee to comply within a specified time with a requirement specified by the Tribunal;

suspend the licence for a period not exceeding 12 months;

disqualify the licensee or any person concerned in the direction, management or conduct of the business of the licensee from holding a licence or from being concerned in the direction, management or conduct of a business for the carrying on of which a licence is required either permanently or for such period as the Tribunal thinks fit;

cancel the licence.

Where the Tribunal disqualifies a licensee under subsection (8)(e), the Commissioner shall cancel the licence.

Where the Tribunal —

suspends a licence — the licensee; or

cancels a licence — the former licensee,

A person disqualified under subsection (8)(e) shall not, while disqualified —

hold a licence; or

be concerned in the direction, management or conduct of a business of providing credit.

If a person has been convicted of an offence and the circumstances of the offence form, wholly or partly, the subject‑matter of a proceeding before the State Administrative Tribunal upon an allegation under subsection (5), the person is not liable to a fine under this section in respect of the conduct giving rise to the offence.