Document ID: chunk:federal_register_of_legislation:C2024C00826:section:5:p5
Version: federal_register_of_legislation:C2024C00826
Segment Type: section
Provision Reference: s 5 (pt 5/11)
Character Range: 51816–54697

of contravention means a declaration made under section 166.
designated secrecy provision has the meaning given by subsection 212N(3).
director has the same meaning as in the Corporations Act 2001.
disclosure framework means the disclosure framework made by the Registrar under section 212L.
disqualification order means an order of the court under section 86.
document registers: see section 219.
eligible credit account: see section 133CO.
eligible credit reporting body: see subsection 133CN(2).
eligible licensee: see subsection 133CN(1).
enforceable code provision means a provision of an approved code of conduct identified by ASIC under subsection 238A(2).
engage in conduct means:
 (a) do an act; or
 (b) omit to perform an act.
evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.
examination, when used in Chapter 6 (which deals with compliance and enforcement), means an examination of a person pursuant to a requirement made under section 253.
expenses, in relation to an investigation under Part 6‑1, includes costs and expenses incurred by ASIC in relation to proceedings brought under section 275 as a result of the investigation.
Federal Court means the Federal Court of Australia.
financial hardship information has the same meaning as in the Privacy Act 1988.
financial records: see subsection 88(2).
financial services licensee has the same meaning as in the Corporations Act 2001.
financial year: see subsection 100(6).
function includes a duty.
give:
 (a) when used in Chapter 6 (which deals with compliance and enforcement) in relation to a document—has a meaning affected by section 314; and
 (b) when used in relation to information, includes:
 (i) explaining or stating a matter; and
 (ii) identifying a person, matter or thing; and
 (iii) disclosing information; and
 (iv) answering a question.
government entity has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.
guarantee means a guarantee to which the National Credit Code applies.
hardship notice has the same meaning as in section 204 of the National Credit Code.
head company, of a banking group, means the member of the group covered by paragraph 133CN(1)(a) (about large ADIs).
hearing, when used in Chapter 6 (which deals with compliance and enforcement), means a hearing before ASIC and, in sections 278, 280, 281 and 282 (which are in that Chapter), includes part of such a hearing.
household goods has the same meaning as in section 204 of the National Credit Code.
indirect remuneration means a commission or conflicted remuneration.
individual fine formula means the formula set out in subsection 288C(3).
infringement notice means a notice given under section 288J.
initial National Credit Code: see subsection 20(2).