Document ID: chunk:federal_register_of_legislation:C2007A00044:clause:1_186n
Version: federal_register_of_legislation:C2007A00044
Segment Type: clause
Provision Reference: sch 1 cl 186N
Character Range: 24579–27040

186N  Return of certificate of registration

Surrender of registration as a debt agreement administrator

 (1) A person commits an offence if:
 (a) the person has been given a certificate of registration under subsection 186D(3); and
 (b) the person gives a notice under subsection 186J(2) surrendering the person's registration as a debt agreement administrator; and
 (c) the person does not return the certificate of registration to the Inspector‑General as soon as practicable after the Inspector‑General accepts the notice.

Penalty: 1 penalty unit.

 (2) Subsection (1) does not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

Cancellation of an individual's registration as a debt agreement administrator

 (3) An individual commits an offence if:
 (a) the individual has been given a certificate of registration under subsection 186D(3); and
 (b) the individual's registration as a debt agreement administrator is cancelled under section 186K; and
 (c) the individual does not return the certificate of registration to the Inspector‑General as soon as practicable after the individual is given a notice under subsection 186K(5) in relation to the cancellation.

Penalty: 1 penalty unit.

 (4) Subsection (3) does not apply if the individual has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code).

Cancellation of a company's registration as a debt agreement administrator

 (5) A company commits an offence if:
 (a) the company has been given a certificate of registration under subsection 186D(3); and
 (b) the company's registration as a debt agreement administrator is cancelled under section 186L; and
 (c) the company does not return the certificate of registration to the Inspector‑General as soon as practicable after the company is given a notice under subsection 186L(5) in relation to the cancellation.

Penalty: 1 penalty unit.

 (6) Subsection (5) does not apply if the company has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (6) (see subsection 13.3(3) of the Criminal Code).

Strict liability

 (7) Subsections (1), (3) and (5) are offences of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.