National Consumer Credit Protection Act 2009

SCHEDULE 1 - NATIONAL CREDIT CODE  

Note:

See section 3 of the National Credit Act.

PART 2 - CREDIT CONTRACTS  

Division 5 - Credit provider ' s obligation to account  

39  

39   Dating and adjustment of debits and credits in accounts  
For the purposes of this Code and the credit contract, a debit or a credit made by a credit provider to

39(2)    
(Repealed by No 138 of 2024)

39(3)    
However, subsections (1) and (2) do not permit a debit or a credit to be assigned a date other than the date on which it is processed, or the subsequent adjustment of a debit or a credit or account balance, if:

(a) the assignment or adjustment is not consistent with the credit contract; or

(b) the adjustment results in an interest charge that is more than the maximum amount permitted by the Code, as calculated on the basis of debits or credits to a debtor ' s account consistent with the credit contract; or

(c) the assignment or adjustment results in a contravention of section 26; or

(d) the assignment of the date on which an interest charge is taken to be debited results in a debit being taken to be done before a time permitted under this Code.

39(4)    
An adjustment by a credit provider under subsection (2) does not affect any liability of a credit provider under Part 6.