Document ID: chunk:federal_register_of_legislation:C2024C00826:section:49
Version: federal_register_of_legislation:C2024C00826
Segment Type: section
Provision Reference: s 49
Character Range: 138093–140732

49  Obligation to provide a statement or obtain an audit report if directed by ASIC

Notice to licensee to provide a statement
 (1) ASIC may give a licensee a written notice directing the licensee to lodge with ASIC a written statement containing specified information about:
 (a) the credit activities engaged in by the licensee or its representatives; or
 (b) for the purposes of considering whether the requirement in section 37A (fit and proper person test) is satisfied in relation to the licensee and the licence—any matters mentioned in section 37B in relation to a person mentioned in a paragraph of subsection 37A(1).
 (2) Notices under subsection (1):
 (a) may be given at any time; and
 (b) may be given to one or more particular licensees, or to each licensee in one or more classes of licensee, or to all licensees; and
 (c) may require all the same information, or may contain differences as to the information they require; and
 (d) may require a statement containing information to be given on a periodic basis, or each time a particular event or circumstance occurs, without ASIC having to give a further written notice.

Notice to licensee to obtain an audit report
 (3) ASIC may also give a licensee a written notice directing the licensee to obtain an audit report, prepared by a suitably qualified person specified in the notice, on a statement, or on each statement in a class of statements, under subsection (1) before the statement is given to ASIC.
 (4) A notice under subsection (3) is not a legislative instrument.

Notice must specify day by which licensee must comply
 (5) A notice given under this section must specify the day by which the licensee must comply with the notice (which must be a reasonable period after the notice is given). ASIC may extend the day by giving a written notice to the licensee.

Requirement to comply with notice
 (6) The licensee must comply with a notice given under this section within the time specified in the notice.
Civil penalty: 5,000 penalty units.

Offence
 (7) A person commits an offence if:
 (a) the person is subject to a requirement under subsection (6); and
 (b) the person engages in conduct; and
 (c) the conduct contravenes the requirement.
Criminal penalty: 6 months imprisonment.

Strict liability offence
 (8) A person commits an offence if:
 (a) the person is subject to a requirement under subsection (6); and
 (b) the person engages in conduct; and
 (c) the conduct contravenes the requirement.
Criminal penalty: 20 penalty units.
 (9) Subsection (8) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.