Victorian Numbered Acts

CONSUMER CREDIT (VICTORIA) AND OTHER ACTS AMENDMENT ACT 2008 (NO. 6 OF 2008) - SECT 9

After section 14 of the Consumer Credit (Victoria) Act 1995 insert —

        " 14A     Change to information provided in an application for registration

    (1)     An applicant for registration must—

        (a)     give the Authority notice of any material change during the relevant period to the information provided to the Authority by the applicant in support of the application; and

        (b)     provide the notice referred to in paragraph (a) within 7 days after becoming aware of the change.

Penalty:     60 penalty units.

    (2)     In this section—

"material change" includes a change resulting in an applicant becoming ineligible to apply for registration;

"relevant period "means the period between the making of an application for registration and the determination of the application by the Authority.

        14B     Consideration of application

    (1)     In considering an application for registration, the Authority may—

        (a)     conduct any inquiries into matters relevant to registration that the Authority thinks fit;

        (b)     require an applicant to provide any further information relating to matters relevant to registration that the Authority thinks fit in the manner required by the Authority;

        (c)     seek advice and information on the application from any other person or body that the Authority thinks fit.

    (2)     The Authority may engage or appoint any person to assist it in considering an application.

    (3)     The Authority may refuse to register an applicant if the applicant does not provide the further information required under subsection (1)(b) within a reasonable time of the requirement being made.

    (4)     The Authority may request the applicant to provide any consent to disclosure of information that the Authority requires to perform, or have performed, a check on the applicant or on any information included in the applicant's application.

    (5)     The Authority may refuse to consider an application for registration if the applicant fails to comply with a request under subsection (4) within 14 days after the request is made.

    (6)     The Authority is not required to conduct an oral hearing to determine whether to register an applicant or refuse to register an applicant.

    (7)     In this section, in the case of an applicant that is a body corporate, a reference to an applicant includes a reference to a director of the body corporate.

        14C     Referral of applications to Director

    (1)     Before making a decision on an application for registration, the Authority may refer the application, or any part of the application, to the Director.

    (2)     If the Authority refers an application, or any part of an application, to the Director under this section, the Director—

        (a)     must make any inquiries in relation to the application or part of the application that the Director considers to be appropriate to enable the proper consideration of the application; and

        (b)     must give the Authority a report on the results of those inquiries.

    (3)     The Director may include in a report any recommendations relating to the application that the Director considers appropriate.

        14D     Referral of applications to Chief Commissioner

    (1)     Before making a decision on an application for registration, the Authority may give any details of the application that the Authority considers relevant to the Chief Commissioner.

    (2)     The Chief Commissioner, on receiving details of the application, must make any inquiries in relation to the application that the Chief Commissioner considers appropriate.

    (3)     The Chief Commissioner, after receiving the results of the inquiries, must report to the Authority.

    (4)     A report may include recommendations.".