Lending of Money Regulations 1981

Lending of Money Regulations 1981

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, hereby make the following regulations under the Lending of Money Act 1915 .

STANLEY BURBURY

Governor

By His Excellency's Command,

B. K. MILLER

Attorney-General

1.   Short title

These regulations may be cited as the Lending of Money Regulations 1981 .

2.   Commencement

These regulations shall take effect on the first day of the month immediately following the date on which the making of the regulations is notified in the Gazette.

3.   Interpretation

In these regulations, unless the contrary intention appears,

Commissioner means the Commissioner of Police.

4.   Application for registration of money-lender

An application for registration or renewal of registration as a money-lender –

(a) shall be made to the Commissioner;

(b) shall be made in accordance with Form 1 ; and

(c) shall be accompanied by a fee of $25.

5.   Registration of money-lender

(1)  Where the Commissioner registers, or renews the registration of, an applicant as a money-lender, he shall –

(a) issue to the applicant a certificate of registration in accordance with Form 2 ; and

(b) cause a notice of the registration of the applicant as a money-lender to be published in the Gazette.

(2)  Where the Commissioner refuses to register, or renew the registration of, an applicant as a money-lender, he shall –

(a) advise the applicant in writing of his refusal, stating the reasons for his refusal; and

(b) return the application fee.

(3)  A money-lender may be registered under a business name.

(4)  Where a change takes place in the –

(a) business address of the money-lender; or

(b) residential address of the money-lender, or, in the case of a company, the residential address of the person responsible for the management of that company –

the money-lender or the person responsible for the management of that company shall notify the Commissioner, in writing, of the change within 3 days of the date of that change.

(5)  Where a money-lender ceases to carry on business as a money-lender he shall, within 7 days of his ceasing to carry on that business, advise the Commissioner by notice in writing and return his certificate of registration.

(6)  On receipt by the Commissioner of the notice referred to in subregulation (5) and the certificate of registration, he shall cancel the certificate and amend the register accordingly.

6.   Period of registration

(1)  A registration, unless sooner cancelled, shall be in force from the date of registration and, subject to subregulation (2) , shall cease to have effect on 31st December following the date on which it was granted or last renewed.

(2)  Where a registration is granted in the month of December in any year it may be granted so as to remain in force until 31st December of the following year.

7.   Register of money-lenders

(1)  The Commissioner shall keep a register of money-lenders.

(2)  The Commissioner shall enter in the register –

(a) where –

(i) the money-lender is a natural person, the name of the money-lender;

(ii) the money-lender is a company, the names of the directors of the company and of the persons concerned in the management of the company otherwise than as directors; or

(iii) the money-lender is a partnership, the names of the partners;

(b) the address of the principal place at which the money-lender carries on business and the addresses of the other places (if any) at which that business is carried on;

(c) the business name, if any, under which the money-lender carries on business; and

(d) where the registration is cancelled, suspended, or lapses, particulars of the cancellation, suspension, or lapsing.

(3)  Any member of the public who –

(a) attends the office of the Commissioner between the hours of 9 a.m. and 5 p.m. on an ordinary working day; and

(b) makes a request to inspect the register kept under subregulation (1)  –

is entitled to inspect that register without payment of any fee and to make a copy of any entry in the register.

8.   Cancellation of registration

(1)  Notice of the cancellation of the registration of a money-lender shall –

(a) be addressed to the money-lender;

(b) state the reason or reasons for the cancellation;

(c) be signed by the Commissioner; and

(d) be served on the money-lender in the manner specified in regulation 10 .

(2)  Where an order has been made by a court under section 11(6) against a money-lender, the clerk of the court shall notify the Commissioner of the making of such an order, and, upon being notified, the Commissioner shall cause a notice of cancellation in accordance with subregulation (1) to be served on the money-lender .

(3)  Where a notice of cancellation has been served on a money-lender, the Commissioner shall cause a notification of the cancellation to be published in the Gazette.

(4)  Cancellation of registration shall take effect from the date of service of the notice of cancellation.

9.   Appeals

(1)  A person who is aggrieved by –

(a) the refusal by the Commissioner to issue or renew a registration; or

(b) the cancellation by the Commissioner of a registration otherwise than when acting in the execution of a court order under section 11(6) –

may appeal to a magistrate as provided in this regulation.

(2)  An appeal under this regulation –

(a) shall be made within 14 days after the refusal or cancellation of registration; and

(b) shall be by way of notice of appeal addressed to the clerk of petty sessions nearest to the appellant's place of business or employment, as the case may be, setting forth the grounds of appeal.

(3)  The clerk of petty sessions shall, on the direction of a magistrate –

(a) appoint a day and time for the hearing of the appeal;

(b) notify the Commissioner and appellant of the day and time so appointed; and

(c) transmit to the Commissioner a copy of the grounds of appeal.

(4)  The magistrate may, upon the hearing of the appeal, confirm the refusal or cancellation of registration, or may direct that the registration be granted or cancellation be revoked by the Commissioner, as the case may be.

(5)  The Commissioner shall give effect to the decision of the magistrate, and, in the case of revocation of cancellation, shall cause a notification of the revocation to be published in the Gazette.

(6)  The decision of the magistrate upon the hearing of the appeal is final.

10.   Service of notices

Where under these regulations a notice is required to be served on a money-lender by the Commissioner, the notice may be served –

(a) in the case of a person who is neither a partnership nor a company –

(i) by delivering it to him personally;

(ii) by leaving it at his place of residence with someone who apparently resides there or at his place of business with someone who is apparently employed there, being in either case a person who has or apparently has attained the age of 16 years; or

(iii) by sending it by certified mail to his place of residence or business;

(b) in the case of a company –

(i) by delivering it to the secretary of the corporation personally;

(ii) by leaving it at the registered office of the company or at the place or principal place of business of the company in the State with a person apparently employed there, being a person who has or apparently has attained the age of 16 years; or

(iii) by sending it by certified mail to the registered office of the company or to the place or principal place of business of the company; or

(c) in the case of a partnership –

(i) by delivering it to a member of the partnership personally;

(ii) by leaving it at the place or principal place of business in the State with a person apparently employed there, being a person who has attained the age of 16 years; or

(iii) by sending it by certified mail to the place or principal place of business of the partnership.

11.   Examination and inspection

(1)  Where the Commissioner advises the Attorney-General that, in his opinion, it would be in the public interest for an inspection of the transactions, or any specified transaction, of a money-lender to be carried out, the Attorney-General may direct that such inspection be carried out.

(2)  The Attorney-General may appoint a person to carry out an inspection under this regulation, and such person may –

(a) inspect and make copies of records or any part of records kept by the money-lender with respect to the transaction or transactions referred to in subregulation (1) ;

(b) impound or retain any records produced to him or inspected by him; and

(c) for that purpose, enter at any reasonable time any place at which the money-lender carries on business.

(3)  For the purpose of and in connection with an inspection under subregulation (2) , that person may –

(a) request any person employed or engaged at any place entered pursuant to that subregulation to produce to him such records relating to any of the affairs or activities of the money-lender as are in the custody or under the control of the person so employed or engaged;

(b) examine with respect to matters under subregulation (1) any person employed or engaged at any place so entered; and

(c) make such examination and enquiries as he thinks necessary.

(4)  [Regulation 11 Subregulation (4) amended by No. 35 of 1995, Sched. 1, Applied:15 Sep 1995] Any person who –

(a) hinders or obstructs a person appointed under subregulation (2) ;

(b) fails to comply with a request of that person under subregulation (3)(a) ;

(c) provides any information under subregulation (3)(b) that is false or misleading in a material particular; or

(d) fails to comply with a request for information under subregulation (3)(b)  –

is guilty of an offence and is liable on summary conviction to a fine not exceeding 0.2 penalty unit.

(5)  A person is not guilty of an offence under subregulation (4)(c) by reason of his providing information which is false or misleading in a material particular if he proves to the satisfaction of the court before which he is prosecuted for that offence that, at the time the information was provided, he believed on reasonable grounds that it was neither false nor misleading.

(6)  A person is not guilty of an offence under subregulation (4)(d) by reason of his failure to answer any question referred to in subregulation (3)(b) if he proves to the satisfaction of the court before which he is prosecuted for the offence that he did not know, and could not with reasonable diligence ascertain, the answer to the question.

12.   Rescission

The Lending of Money (Money-Lenders) Regulations 1940 * are rescinded.

Form 1

Form 2

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 22 April 1981

These regulations are administered in the Attorney-General's Department.