Document ID: chunk:federal_register_of_legislation:C2024C00826:section:64
Version: federal_register_of_legislation:C2024C00826
Segment Type: section
Provision Reference: s 64
Character Range: 174891–176843

64  Licensee may authorise credit representatives

Authorisation of credit representative by licensee
 (1) A licensee may give a person a written notice authorising the person to engage in specified credit activities on behalf of the licensee.
 (2) A person who is authorised under subsection (1) is a credit representative of the relevant licensee.
 (3) The credit activities specified may be some or all of the credit activities authorised by the licensee's licence.

When authorisation is of no effect
 (4) The authorisation:
 (a) is of no effect if subsection (5) applies to it when it is given; and
 (b) ceases to have effect if and when subsection (5) starts to apply to it after it is given;
to the extent that subsection (5) applies.
 (5) This section applies to the authorisation to the extent that it purports to authorise:
 (a) a person to engage in a credit activity that is not authorised by the licensee's licence; or
 (b) a person to engage in a credit activity, and a banning order or disqualification order under Part 2‑4 is in force against the person in relation to the credit activity; or
 (c) a person who is not a member of the AFCA scheme; or
 (d) a person who is banned from engaging in a credit activity under a law of a State or Territory; or
 (e) a natural person who has been convicted, within the last 10 years, of serious fraud; or
 (f) a natural person against whom a prescribed State or Territory order is in force; or
 (g) a person that is a body corporate, if a prescribed State or Territory order is in force against a director, secretary or senior manager of the body corporate who would perform duties in relation to the credit activities specified in the authorisation; or
 (h) a person that is a partnership or the trustees of a trust, if a prescribed State or Territory order is in force against a partner or trustee who would perform duties in relation to the credit activities specified in the authorisation.