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In force2020 Revised Edition
Contents

Part 2 · Licensing of Payment Service Providers

8. Holding out as licensee, etc.

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(1)

A person —

(a)

must not hold the person out as carrying on a business of providing any type of payment service, unless the person is a licensee that is entitled to carry on a business of providing that type of payment service, an exempt payment service provider in respect of that type of payment service, or a person exempt under section 100 in respect of that type of payment service; and

(b)

must not hold the person out as a licensee, unless the person has in force a licence.

(2)

A person that contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —

(a)

in the case of an individual, to a fine not exceeding $125,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $12,500 for every day or part of a day during which the offence continues after conviction; or

(b)

in any other case, to a fine not exceeding $250,000 and, in the case of a continuing offence, to a further fine not exceeding $25,000 for every day or part of a day during which the offence continues after conviction.

Report

Part 3

Payment Systems

Part 4

Inspection

Part 4A

Investigations

Part 5

Emergency Powers

Part 6

Assistance to Foreign Regulatory Authorities

Part 7

Offences

Part 8

Miscellaneous

Part 9

Consequential and Related Amendments to Other Acts

Part 10

Saving and Transitional Provisions

Schedules