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National Consumer Credit Protection Act 2009

National Consumer Credit Protection Act 2009

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an Australian legislation
an Australian legislation

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Published by: LEX-57 the lex engine on May 09, 2010
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10/26/2011

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(1)If a licensee is responsible for the conduct of its representative
under this Division, the client has the same remedies against the
licensee that the client has against the representative.

(2)The licensee and the representative (along with any other licensees
that are also responsible) are all jointly and severally liable to the
client in relation to those remedies.

80 National Consumer Credit Protection Act 2009 No. 134, 2009

Introduction Chapter 1
Introduction Part 1-1

Section 3

(3)However, nothing in this Division imposes:
(a)

any criminal responsibility; or

(b)

any civil liability under a provision of this Act apart from this
Division;
on a licensee that would not otherwise be imposed on the licensee.

(4)This Division does not relieve a representative of a licensee of any
liability that the representative has to the client or the licensee.

(5)An agreement has no effect in so far as it purports to alter or
restrict the operation of section 75, 76 or 77.

(6)However, subsection (5) does not apply to the extent that the
agreement:

(a)

provides for a representative of a licensee to indemnify the
licensee for a liability of the licensee in relation to the
representative; or

(b)

provides for a licensee, for whom a representative acts, to
indemnify another licensee for a liability in relation to the
representative.

(7)A licensee must not make, or offer to make, an agreement that has,
or would have, no effect under subsection (5).

National Consumer Credit Protection Act 2009 No. 134, 2009 81

Chapter 1 Introduction
Part 1-1 Introduction

Section 1

Part 2-4—Banning or disqualification of persons
from engaging in credit activities

Division 1—Introduction

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