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National Consumer Credit Protection Act 2009
- CHAPTER 1 - INTRODUCTION
- PART 1-1 - INTRODUCTION
- SECTION 1 SHORT TITLE
- SECTION 2 COMMENCEMENT
- SECTION 3 THE NATIONAL CREDIT CODE
- PART 1-2 - DEFINITIONS
- Division 1 - Introduction
- SECTION 4 GUIDE TO THIS PART
- Division 2 - The Dictionary
- SECTION 5 THE DICTIONARY
- Division 3 - Definitions relating to the meaning of credit activity
- SECTION 6 MEANING OF CREDIT ACTIVITY
- SECTION 7 MEANING OF CREDIT SERVICE
- SECTION 8 MEANING OF CREDIT ASSISTANCE
- SECTION 9 MEANING OF ACTS AS AN INTERMEDIARY
- SECTION 10 ASSIGNEES OF CREDIT PROVIDERS, LESSORS, MORTGAGEES AND BENEFICIARIES OF A GUARANTEE
- Division 4 - Other definitions
- SECTION 11 MEANING OF APPROVED EXTERNAL DISPUTE RESOLUTION SCHEME
- SECTION 12 WHEN A BUSINESS IS CARRIED ON IN THIS JURISDICTION
- SECTION 13 MEANING OF MISLEADING
- SECTION 14 MEANING OF PERSON - GENERALLY INCLUDES A PARTNERSHIP
- SECTION 15 MEANING OF PERSON - GENERALLY INCLUDES MULTIPLE TRUSTEES
- SECTION 15A MEANING OF ASSOCIATE
- SECTION 15B MEANING OF MORTGAGE BROKER
- SECTION 15C MEANING OF MORTGAGE INTERMEDIARY
- SECTION 16 QUALIFIED PRIVILEGE
- SECTION 16A MEANING OF CONTROL
- SECTION 16B MEANING OF REGISTRAR
- PART 1-3 - APPLICATION OF THIS ACT AND THE TRANSITIONAL ACT
- Division 1 - Introduction
- SECTION 17 GUIDE TO THIS PART
- Division 2 - Constitutional basis and application of this Act and the Transitional Act
- SECTION 18 CONSTITUTIONAL BASIS FOR THIS ACT AND THE TRANSITIONAL ACT
- SECTION 19 MEANING OF REFERRING STATE
- SECTION 20 MEANING OF REFERRED CREDIT MATTER
- SECTION 21 GENERAL APPLICATION OF THIS ACT AND THE TRANSITIONAL ACT
- SECTION 22 WHEN ACTS BIND CROWN
- Division 3 - Interaction between the Commonwealth credit legislation and State and Territory laws
- SECTION 23 CONCURRENT OPERATION INTENDED
- SECTION 24 WHEN COMMONWEALTH CREDIT LEGISLATION DOES NOT APPLY
- SECTION 25 AVOIDING DIRECT INCONSISTENCY BETWEEN COMMONWEALTH AND STATE AND TERRITORY LAWS
- SECTION 26 REGULATIONS TO DEAL WITH INTERACTION BETWEEN LAWS
- CHAPTER 2 - LICENSING OF PERSONS WHO ENGAGE IN CREDIT ACTIVITIES
- PART 2-1 - REQUIREMENT TO BE LICENSED TO ENGAGE IN CREDIT ACTIVITIES
- Division 1 - Introduction
- SECTION 27 GUIDE TO THIS PART
- Division 2 - Engaging in credit activities without a licence
- SECTION 28 APPLICATION OF THIS DIVISION
- SECTION 29 PROHIBITION ON ENGAGING IN CREDIT ACTIVITIES WITHOUT A LICENCE
- Division 3 - Other prohibitions relating to the requirement to be licensed
- SECTION 30 PROHIBITIONS ON HOLDING OUT AND ADVERTISING ETC.
- SECTION 31 PROHIBITION ON CONDUCTING BUSINESS WITH UNLICENSED PERSONS
- SECTION 32 PROHIBITION ON CHARGING A FEE ETC.
- SECTION 33 PROHIBITION ON GIVING MISLEADING INFORMATION ETC.
- PART 2-2 - AUSTRALIAN CREDIT LICENCES
- Division 1 - Introduction
- SECTION 34 GUIDE TO THIS PART
- Division 2 - Australian credit licences
- SECTION 35 AUSTRALIAN CREDIT LICENCES
- Division 3 - How to get an Australian credit licence
- SECTION 36 APPLYING FOR A LICENCE
- SECTION 37 WHEN A LICENCE MAY BE GRANTED - APPLICANTS OTHER THAN ADIs
- SECTION 37A FIT AND PROPER PERSON TEST
- SECTION 37B FIT AND PROPER PERSON TEST - MATTERS TO WHICH ASIC MUST HAVE REGARD
- SECTION 38 WHEN A LICENCE MAY BE GRANTED - ADIs
- SECTION 39 REGULATIONS MAY PRESCRIBE STREAMLINED PROCESS FOR OTHER APPLICANTS
- SECTION 40 LICENCES MUST NOT BE GRANTED TO CERTAIN APPLICANTS
- SECTION 41 APPLICANT MUST BE GIVEN HEARING BEFORE REFUSAL OF LICENCE
- SECTION 42 NOTICE OF GRANT OR REFUSAL OF LICENCE AND DATE OF EFFECT
- SECTION 43 AUSTRALIAN CREDIT LICENCE NUMBERS
- SECTION 44 BASIS ON WHICH LICENCE IS GRANTED
- Division 4 - Conditions on an Australian credit licence
- SECTION 45 THE CONDITIONS ON THE LICENCE
- SECTION 46 LICENCE CONDITIONS - SPECIAL PROCEDURES FOR APRA-REGULATED BODIES
- SECTION 46A ASIC MAY REQUEST INFORMATION ETC. IN RELATION TO AN APPLICATION FOR CONDITIONS TO BE VARIED
- Division 5 - Obligations of licensees
- Subdivision A - General obligations
- SECTION 47 GENERAL CONDUCT OBLIGATIONS OF LICENSEES
- SECTION 48 REQUIREMENTS FOR COMPENSATION ARRANGEMENTS
- Subdivision B - Providing information and assistance to ASIC
- SECTION 49 OBLIGATION TO PROVIDE A STATEMENT OR OBTAIN AN AUDIT REPORT IF DIRECTED BY ASIC
- SECTION 50 OBLIGATION TO GIVE ASIC INFORMATION REQUIRED BY THE REGULATIONS
- SECTION 50A WHAT ARE REPORTABLE SITUATIONS?
- SECTION 50B OBLIGATION TO LODGE A REPORT - REPORTABLE SITUATIONS IN RELATION TO THE LICENSEE
- SECTION 50C OBLIGATION TO LODGE A REPORT - REPORTABLE SITUATIONS IN RELATION TO OTHER LICENSEES
- SECTION 50D ASIC MUST PUBLISH DETAILS OF CERTAIN REPORTS
- SECTION 51 OBLIGATION TO PROVIDE ASIC WITH ASSISTANCE IF REASONABLY REQUESTED
- Subdivision C - Notifying and remediating consumers affected by reportable situations
- SECTION 51A REPORTING TO CONSUMERS AFFECTED BY A REPORTABLE SITUATION
- SECTION 51B OBLIGATION TO INVESTIGATE REPORTABLE SITUATIONS THAT MAY AFFECT CONSUMERS
- SECTION 51C OBLIGATION TO KEEP RECORDS OF COMPLIANCE
- Subdivision D - Miscellaneous
- SECTION 52 OBLIGATION TO CITE AUSTRALIAN CREDIT LICENCE NUMBER
- SECTION 53 OBLIGATION TO LODGE ANNUAL COMPLIANCE CERTIFICATE
- SECTION 53A OBLIGATION TO NOTIFY ASIC OF CHANGE IN CONTROL
- SECTION 53B OBLIGATION TO NOTIFY ASIC IF LICENSEE DOES NOT ENGAGE IN CREDIT ACTIVITIES
- SECTION 53C KNOWLEDGE AND RECKLESSNESS
- Division 6 - When a licence can be suspended, cancelled or varied
- Subdivision A - Suspensions and cancellations
- SECTION 54 SUSPENSION OR CANCELLATION WITHOUT HEARING
- SECTION 55 SUSPENSION OR CANCELLATION AFTER OFFERING A HEARING
- SECTION 56 SUSPENSION AND CANCELLATION - SPECIAL PROCEDURES FOR APRA-REGULATED BODIES
- Subdivision B - Variations
- SECTION 57 VARYING LICENCES
- Subdivision C - Miscellaneous rules about suspensions, cancellations and variations
- SECTION 58 EFFECT OF SUSPENSION
- SECTION 59 REVOCATION OF SUSPENSION
- SECTION 60 DATE OF EFFECT, NOTICE AND PUBLICATION OF VARIATION, CANCELLATION OR SUSPENSION ETC.
- SECTION 61 STATEMENT OF REASONS
- SECTION 62 ASIC MAY ALLOW LICENCE TO CONTINUE IN FORCE
- PART 2-3 - CREDIT REPRESENTATIVES AND OTHER REPRESENTATIVES OF LICENSEES
- Division 1 - Introduction
- SECTION 63 GUIDE TO THIS PART
- Division 2 - Authorisation of credit representatives
- SECTION 64 LICENSEE MAY AUTHORISE CREDIT REPRESENTATIVES
- SECTION 65 CREDIT REPRESENTATIVE THAT IS A BODY CORPORATE MAY SUB-AUTHORISE NATURAL PERSONS AS CREDIT REPRESENTATIVES
- SECTION 66 CREDIT REPRESENTATIVE OF 2 OR MORE LICENSEES
- SECTION 67 A PERSON CANNOT BE A CREDIT REPRESENTATIVE IN RELATION TO CREDIT ACTIVITIES AUTHORISED BY A PERSON'S LICENCE
- SECTION 68 VARIATION AND REVOCATION OF AUTHORISATIONS AND SUB-AUTHORISATIONS
- SECTION 69 OBLIGATION NOT TO GIVE AUTHORISATION THAT HAS NO EFFECT
- SECTION 70 OBLIGATION TO VARY OR REVOKE AUTHORISATION THAT CEASES TO HAVE EFFECT
- SECTION 71 OBLIGATION TO NOTIFY ASIC ETC. ABOUT CREDIT REPRESENTATIVES
- SECTION 72 CREDIT REPRESENTATIVE NUMBERS
- Division 3 - Information about representatives
- SECTION 73 ASIC MAY GIVE LICENSEE INFORMATION ABOUT REPRESENTATIVES
- Division 4 - Liability of licensees for representatives
- SECTION 74 APPLICATION OF THIS DIVISION
- SECTION 75 RESPONSIBILITY IF REPRESENTATIVE OF ONLY ONE LICENSEE
- SECTION 76 REPRESENTATIVES OF MULTIPLE LICENSEES
- SECTION 77 RESPONSIBILITY EXTENDS TO LOSS OR DAMAGE SUFFERED BY CLIENT
- SECTION 78 EFFECT OF THIS DIVISION
- PART 2-4 - BANNING OR DISQUALIFICATION OF PERSONS FROM ENGAGING IN CREDIT ACTIVITIES
- Division 1 - Introduction
- SECTION 79 GUIDE TO THIS PART
- Division 2 - Banning orders
- SECTION 80 ASIC ' S POWER TO MAKE A BANNING ORDER
- SECTION 81 WHAT A BANNING ORDER PROHIBITS
- SECTION 82 EFFECT OF BANNING ORDERS
- SECTION 83 VARIATION OR CANCELLATION OF BANNING ORDERS
- SECTION 84 DATE OF EFFECT, NOTICE AND PUBLICATION OF BANNING ORDER, VARIATION OR CANCELLATION
- SECTION 85 STATEMENT OF REASONS
- Division 3 - Disqualification by the court
- SECTION 86 DISQUALIFICATION BY THE COURT
- PART 2-5 - FINANCIAL RECORDS, TRUST ACCOUNTS AND AUDIT REPORTS
- Division 1 - Introduction
- SECTION 87 GUIDE TO THIS PART
- Division 2 - Financial records of licensees
- SECTION 88 OBLIGATION TO KEEP FINANCIAL RECORDS
- SECTION 89 HOW FINANCIAL RECORDS ARE TO BE KEPT
- SECTION 90 LANGUAGE OF FINANCIAL RECORDS
- SECTION 91 LOCATION OF FINANCIAL RECORDS
- SECTION 92 INFORMATION TO BE SHOWN IN FINANCIAL RECORDS
- SECTION 93 REGULATIONS MAY IMPOSE ADDITIONAL REQUIREMENTS
- SECTION 94 FINANCIAL RECORDS TAKEN TO BE MADE WITH LICENSEE'S AUTHORITY
- SECTION 95 OBLIGATION TO RETAIN FINANCIAL RECORDS FOR 7 YEARS
- SECTION 96 FINANCIAL RECORDS ARE PRIMA FACIE EVIDENCE OF MATTERS
- Division 3 - Trust accounts of credit service licensees
- SECTION 97 APPLICATION OF THIS DIVISION
- SECTION 98 OBLIGATION FOR CREDIT SERVICE LICENSEES TO MAINTAIN TRUST ACCOUNT
- SECTION 99 OBLIGATIONS IN RELATION TO TRUST ACCOUNT MONEY
- SECTION 100 OBLIGATION TO LODGE TRUST ACCOUNT STATEMENT AND TRUST ACCOUNT AUDIT REPORT
- SECTION 101 TIME OF LODGMENT OF TRUST ACCOUNT STATEMENT AND TRUST ACCOUNT AUDIT REPORT
- Division 4 - Matters relating to audit reports
- SECTION 102 AUDITOR ' S RIGHT OF ACCESS TO RECORDS, INFORMATION ETC.
- SECTION 103 AUDITOR ' S FEES AND EXPENSES
- SECTION 104 AUDITOR TO REPORT ON CERTAIN MATTERS
- SECTION 105 QUALIFIED PRIVILEGE FOR AUDITOR ETC.
- SECTION 106 REGULATIONS IN RELATION TO AUDIT REPORTS ETC.
- PART 2-6 - EXEMPTIONS AND MODIFICATIONS RELATING TO THIS CHAPTER
- Division 1 - Introduction
- SECTION 107 GUIDE TO THIS PART
- Division 2 - Exemptions and modifications relating to this Chapter
- SECTION 108 PROVISIONS TO WHICH THIS PART APPLIES
- SECTION 109 EXEMPTIONS AND MODIFICATIONS BY ASIC
- SECTION 110 EXEMPTIONS AND MODIFICATIONS BY THE REGULATIONS
- CHAPTER 3 - RESPONSIBLE LENDING CONDUCT
- PART 3-1 - LICENSEES THAT PROVIDE CREDIT ASSISTANCE IN RELATION TO CREDIT CONTRACTS
- Division 1 - Introduction
- SECTION 111 GUIDE TO THIS PART
- SECTION 112 APPLICATION OF THIS PART
- Division 2 - Credit guide of credit assistance providers
- SECTION 113 CREDIT GUIDE OF CREDIT ASSISTANCE PROVIDERS
- Division 3 - Quote for providing credit assistance etc. in relation to credit contracts
- SECTION 114 QUOTE FOR PROVIDING CREDIT ASSISTANCE ETC.
- Division 4 - Obligations of credit assistance providers before providing credit assistance for credit contracts
- SECTION 115 OBLIGATIONS OF CREDIT ASSISTANCE PROVIDERS BEFORE PROVIDING CREDIT ASSISTANCE FOR CREDIT CONTRACTS
- SECTION 116 PRELIMINARY ASSESSMENT OF UNSUITABILITY OF THE CREDIT CONTRACT
- SECTION 117 REASONABLE INQUIRIES ETC. ABOUT THE CONSUMER
- SECTION 118 WHEN THE CREDIT CONTRACT MUST BE ASSESSED AS UNSUITABLE - ENTERING CONTRACT OR INCREASING THE CREDIT LIMIT
- SECTION 119 WHEN THE CREDIT CONTRACT MUST BE ASSESSED AS UNSUITABLE - REMAINING IN CREDIT CONTRACT
- SECTION 120 PROVIDING THE CONSUMER WITH THE PRELIMINARY ASSESSMENT
- Division 5 - Fees, indirect remuneration etc. relating to credit contracts
- SECTION 121 FEES, INDIRECT REMUNERATION ETC. RELATING TO CREDIT CONTRACTS
- SECTION 122 NO PROFITING FROM FEES ETC. PAID TO THIRD PARTIES
- Division 6 - Prohibition on suggesting, or assisting with, unsuitable credit contracts
- SECTION 123 PROHIBITION ON SUGGESTING OR ASSISTING CONSUMERS TO ENTER, OR INCREASE THE CREDIT LIMIT UNDER, UNSUITABLE CREDIT CONTRACTS
- SECTION 124 PROHIBITION ON SUGGESTING TO CONSUMERS TO REMAIN IN UNSUITABLE CREDIT CONTRACTS
- Division 7 - Special rules for short-term and small amount credit contracts
- SECTION 124A PROHIBITION ON PROVIDING CREDIT ASSISTANCE IN RELATION TO SHORT-TERM CREDIT CONTRACTS
- SECTION 124B LICENSEE WHO MAKES REPRESENTATIONS ABOUT CREDIT ASSISTANCE IN RELATION TO SMALL AMOUNT CREDIT CONTRACTS MUST DISPLAY AND GIVE INFORMATION
- SECTION 124C WRITTEN DOCUMENTATION REQUIRED IN RELATION TO THE PRELIMINARY ASSESSMENT FOR A SMALL AMOUNT CREDIT CONTRACT
- PART 3-2 - LICENSEES THAT ARE CREDIT PROVIDERS UNDER CREDIT CONTRACTS: GENERAL RULES
- Division 1 - Introduction
- SECTION 125 GUIDE TO THIS PART
- Division 2 - Credit guide of credit providers
- SECTION 126 CREDIT GUIDE OF CREDIT PROVIDERS
- SECTION 127 CREDIT GUIDE OF CREDIT PROVIDERS WHO ARE ASSIGNEES
- Division 3 - Obligation to assess unsuitability
- SECTION 128 OBLIGATION TO ASSESS UNSUITABILITY
- SECTION 129 ASSESSMENT OF UNSUITABILITY OF THE CREDIT CONTRACT
- SECTION 130 REASONABLE INQUIRIES ETC. ABOUT THE CONSUMER
- SECTION 131 WHEN CREDIT CONTRACT MUST BE ASSESSED AS UNSUITABLE
- SECTION 132 GIVING THE CONSUMER THE ASSESSMENT
- Division 4 - Prohibition on entering, or increasing the credit limit of, unsuitable credit contracts
- SECTION 133 PROHIBITION ON ENTERING, OR INCREASING THE CREDIT LIMIT OF, UNSUITABLE CREDIT CONTRACTS
- PART 3-2A - LICENSEES THAT ARE CREDIT PROVIDERS UNDER CREDIT CONTRACTS: ADDITIONAL RULES RELATING TO STANDARD HOME LOANS
- Division 1 - Introduction
- SECTION 133A GUIDE TO THIS PART
- Division 2 - Key Facts Sheets for standard home loans
- SECTION 133AA WHAT IS A STANDARD HOME LOAN ?
- SECTION 133AB WHAT IS A KEY FACTS SHEET FOR A STANDARD HOME LOAN?
- SECTION 133AC CREDIT PROVIDER ' S WEBSITE TO PROVIDE CAPACITY TO GENERATE KEY FACTS SHEET
- SECTION 133AD CREDIT PROVIDER TO PROVIDE KEY FACTS SHEET IN OTHER SITUATIONS
- SECTION 133AE WHAT IF MORE INFORMATION IS NEEDED FROM THE CONSUMER?
- SECTION 133AF DEFENCES TO OBLIGATION TO PROVIDE A KEY FACTS SHEET
- PART 3-2B - LICENSEES THAT ARE CREDIT PROVIDERS UNDER CREDIT CONTRACTS: ADDITIONAL RULES RELATING TO CREDIT CARD CONTRACTS
- Division 1 - Introduction
- SECTION 133B GUIDE TO THIS PART
- Division 2 - Credit card contracts and related concepts
- SECTION 133BA MEANING OF CREDIT CARD CONTRACT ETC.
- Division 3 - Key Facts Sheets for credit card contract
- SECTION 133BB WHAT IS A KEY FACTS SHEET FOR A CREDIT CARD CONTRACT?
- SECTION 133BC APPLICATION FORM FOR CREDIT CARD CONTRACT TO INCLUDE UP-TO-DATE KEY FACTS SHEET
- SECTION 133BD CREDIT PROVIDER NOT TO ENTER INTO CREDIT CARD CONTRACT UNLESS KEY FACTS SHEET HAS BEEN PROVIDED ETC.
- Division 4 - Offers etc. to increase, and entitlement to reduce, credit limit of credit card contract
- SECTION 133BE CREDIT PROVIDER NOT TO OFFER ETC. TO INCREASE CREDIT LIMIT OF CREDIT CARD CONTRACT
- SECTION 133BF CREDIT PROVIDER NOT TO ENTER INTO CREDIT CARD CONTRACT UNLESS IT ALLOWS CREDIT LIMIT TO BE REDUCED
- SECTION 133BFA CREDIT PROVIDER TO PROVIDE ONLINE CAPACITY TO REQUEST REDUCTION OF CREDIT LIMIT
- SECTION 133BFB CREDIT PROVIDER NOT TO SUGGEST THE CONSUMER NOT REDUCE THE CREDIT LIMIT
- SECTION 133BFC CREDIT PROVIDER TO GIVE EFFECT TO REQUEST TO REDUCE CREDIT LIMIT
- SECTION 133BG RECORDS OF CONSENTS AND WITHDRAWALS TO BE KEPT
- Division 5 - Use of credit card in excess of credit limit
- SECTION 133BH CREDIT PROVIDER TO NOTIFY CONSUMER OF USE OF CREDIT CARD IN EXCESS OF CREDIT LIMIT
- SECTION 133BI CREDIT PROVIDER NOT TO IMPOSE FEES ETC. BECAUSE CREDIT CARD USED IN EXCESS OF CREDIT LIMIT
- SECTION 133BJ RECORDS OF CONSENTS AND WITHDRAWALS TO BE KEPT
- Division 6 - Order of application of payments made under credit card contracts
- SECTION 133BO CREDIT PROVIDER TO APPLY PAYMENTS IN ACCORDANCE WITH THIS DIVISION
- SECTION 133BP AGREEMENT TO APPLY PAYMENT AGAINST PARTICULAR AMOUNT OWED
- SECTION 133BQ APPLICATION OF PAYMENT AGAINST LAST STATEMENT BALANCE, WITH HIGHER INTEREST DEBTS TO BE DISCHARGED FIRST
- SECTION 133BR APPLICATION OF ANY REMAINING PART OF THE RELEVANT PAYMENT
- Division 7 - Calculation of interest under credit card contracts
- SECTION 133BS CREDIT PROVIDER NOT TO IMPOSE RETROSPECTIVE INTEREST CHARGES
- Division 8 - Ending credit card contracts
- SECTION 133BT CREDIT PROVIDER NOT TO ENTER INTO CREDIT CARD CONTRACT UNLESS IT ALLOWS FOR TERMINATION OF CONTRACTS
- SECTION 133BU CREDIT PROVIDER TO PROVIDE ONLINE CAPACITY TO REQUEST TERMINATION OF CREDIT CARD CONTRACT
- SECTION 133BV CREDIT PROVIDER NOT TO SUGGEST THE CONSUMER NOT TERMINATE THE CREDIT CARD CONTRACT
- SECTION 133BW CREDIT PROVIDER TO GIVE EFFECT TO REQUEST TO TERMINATE CREDIT CARD CONTRACT
- PART 3-2C - LICENSEES THAT ARE CREDIT PROVIDERS UNDER CREDIT CONTRACTS: ADDITIONAL RULES RELATING TO SHORT-TERM AND SMALL AMOUNT CREDIT CONTRACTS
- Division 1 - Introduction
- SECTION 133C GUIDE TO THIS PART
- Division 2 - Short-term and small amount credit contracts
- SECTION 133CA PROHIBITION ON ENTERING, OR INCREASING THE CREDIT LIMIT OF, SHORT-TERM CREDIT CONTRACTS
- SECTION 133CB LICENSEE WHO MAKES REPRESENTATIONS IN RELATION TO SMALL AMOUNT CREDIT CONTRACTS MUST DISPLAY AND GIVE INFORMATION
- SECTION 133CC LICENSEE MUST NOT ENTER INTO A SMALL AMOUNT CREDIT CONTRACT IF THE REPAYMENTS DO NOT MEET THE PRESCRIBED REQUIREMENTS
- SECTION 133CD LICENSEE MUST NOT ENTER INTO A SMALL AMOUNT CREDIT CONTRACT IF REPAYMENT AMOUNTS AND INTERVALS ARE NOT EQUAL
- SECTION 133CE WRITTEN DOCUMENTATION REQUIRED IN RELATION TO THE ASSESSMENT FOR A SMALL AMOUNT CREDIT CONTRACT
- SECTION 133CF LICENSEE NOT TO MAKE CERTAIN UNSOLICITED COMMUNICATIONS IN RELATION TO A SMALL AMOUNT CREDIT CONTRACT
- PART 3-2CA - LICENSEES SUPPLYING CREDIT INFORMATION TO CREDIT REPORTING BODIES ETC.
- Division 1 - Introduction
- SECTION 133CM GUIDE TO THIS PART
- SECTION 133CN MEANINGS OF ELIGIBLE LICENSEE AND ELIGIBLE CREDIT REPORTING BODY
- SECTION 133CO MEANING OF ELIGIBLE CREDIT ACCOUNT
- SECTION 133CP MEANING OF MANDATORY CREDIT INFORMATION
- SECTION 133CQ MEANING OF SUPPLY REQUIREMENTS
- Division 2 - Supplying credit information to credit reporting bodies etc.
- Subdivision A - Initial bulk supplies of credit information
- SECTION 133CR REQUIREMENT TO SUPPLY
- SECTION 133CS EXCEPTION IF CREDIT REPORTING BODY NOT COMPLYING WITH INFORMATION SECURITY REQUIREMENTS
- SECTION 133CT LICENSEE MUST GIVE NOTICE IF CREDIT REPORTING BODY LATER COMPLIES WITH INFORMATION SECURITY REQUIREMENTS
- Subdivision B - Ongoing supplies of credit information
- SECTION 133CU REQUIREMENT TO SUPPLY
- SECTION 133CV EXCEPTION IF CREDIT REPORTING BODY NOT COMPLYING WITH INFORMATION SECURITY REQUIREMENTS
- SECTION 133CW LICENSEE MUST GIVE NOTICE IF CREDIT REPORTING BODY LATER COMPLIES WITH INFORMATION SECURITY REQUIREMENTS
- Subdivision C - Offences
- SECTION 133CX OFFENCE RELATING TO INITIAL BULK SUPPLIES
- SECTION 133CY OFFENCE RELATING TO ONGOING SUPPLIES
- SECTION 133CZ OFFENCE RELATING TO GIVING NOTICE IF CREDIT REPORTING BODY LATER COMPLIES WITH INFORMATION SECURITY REQUIREMENTS
- Division 3 - Conditions on credit reporting bodies on-disclosing credit information
- SECTION 133CZA ON-DISCLOSING INFORMATION SUPPLIED UNDER DIVISION 2 ETC.
- SECTION 133CZB OFFENCE
- Division 4 - Reporting to the Minister
- SECTION 133CZC REPORTS ABOUT INITIAL BULK SUPPLIES OF CREDIT INFORMATION
- SECTION 133CZD AUDITORS
- SECTION 133CZE OFFENCE
- Division 5 - Assisting ASIC
- SECTION 133CZF MEANING OF PART 3-2CA BODY
- SECTION 133CZG OBLIGATION TO PROVIDE A STATEMENT OR OBTAIN AN AUDIT REPORT IF DIRECTED BY ASIC
- SECTION 133CZH OBLIGATION TO GIVE ASIC INFORMATION REQUIRED BY THE REGULATIONS
- SECTION 133CZI OBLIGATION TO PROVIDE ASIC WITH ASSISTANCE IF REASONABLY REQUESTED
- SECTION 133CZJ EXTENDED APPLICATION OF DIVISION 4 OF PART 2-5
- Division 6 - Miscellaneous
- SECTION 133CZK THIS PART DOES NOT LIMIT THE PRIVACY ACT 1988
- SECTION 133CZL REVIEW OF THE OPERATION OF THIS PART
- SECTION 133CZM MAIN CONSTITUTIONAL BASIS
- SECTION 133CZN OTHER CONSTITUTIONAL BASES
- PART 3-2D - LICENSEES AND REVERSE MORTGAGES
- SECTION 133DA GUIDE TO THIS PART
- SECTION 133DB GIVING PROJECTIONS OF EQUITY BEFORE PROVIDING CREDIT ASSISTANCE OR ENTERING CREDIT CONTRACT
- SECTION 133DC MAKING REVERSE MORTGAGE INFORMATION STATEMENT AVAILABLE ON WEBSITE OF CREDIT PROVIDER OR CREDIT ASSISTANCE PROVIDER
- SECTION 133DD MAKING REVERSE MORTGAGE INFORMATION STATEMENT AVAILABLE IN OTHER SITUATIONS
- SECTION 133DE REPRESENTATIONS THAT USE THE TERM ' REVERSE MORTGAGE ' ETC.
- PART 3-3 - LICENSEES THAT PROVIDE CREDIT ASSISTANCE IN RELATION TO CONSUMER LEASES
- Division 1 - Introduction
- SECTION 134 GUIDE TO THIS PART
- SECTION 135 APPLICATION OF THIS PART
- Division 2 - Credit guide of credit assistance providers
- SECTION 136 CREDIT GUIDE OF CREDIT ASSISTANCE PROVIDERS
- Division 3 - Quote for providing credit assistance etc. in relation to consumer leases
- SECTION 137 QUOTE FOR PROVIDING CREDIT ASSISTANCE ETC.
- Division 4 - Obligations of credit assistance providers before providing credit assistance for consumer leases
- SECTION 138 OBLIGATIONS OF CREDIT ASSISTANCE PROVIDERS BEFORE PROVIDING CREDIT ASSISTANCE FOR CONSUMER LEASES
- SECTION 139 PRELIMINARY ASSESSMENT OF UNSUITABILITY OF THE CONSUMER LEASE
- SECTION 140 REASONABLE INQUIRIES ETC. ABOUT THE CONSUMER
- SECTION 141 WHEN THE CONSUMER LEASE MUST BE ASSESSED AS UNSUITABLE - ENTERING LEASE
- SECTION 142 WHEN THE CONSUMER LEASE MUST BE ASSESSED AS UNSUITABLE - REMAINING IN LEASE
- SECTION 143 PROVIDING THE CONSUMER WITH THE PRELIMINARY ASSESSMENT
- Division 5 - Fees, indirect remuneration etc. relating to consumer leases
- SECTION 144 FEES, INDIRECT REMUNERATION ETC. RELATING TO CONSUMER LEASES
- SECTION 145 NO PROFITING FROM FEES ETC. PAID TO THIRD PARTIES
- Division 6 - Prohibition on suggesting, or assisting with, unsuitable consumer leases
- SECTION 146 PROHIBITION ON SUGGESTING, OR ASSISTING WITH, UNSUITABLE CONSUMER LEASES
- SECTION 147 PROHIBITION ON SUGGESTING TO CONSUMERS TO REMAIN IN UNSUITABLE CONSUMER LEASES
- Division 7 - Special rules for consumer leases for household goods
- SECTION 147A LICENSEE WHO MAKES REPRESENTATIONS ABOUT CREDIT ASSISTANCE IN RELATION TO CONSUMER LEASES FOR HOUSEHOLD GOODS MUST DISPLAY AND GIVE INFORMATION
- SECTION 147B WRITTEN DOCUMENTATION REQUIRED IN RELATION TO THE PRELIMINARY ASSESSMENT FOR A CONSUMER LEASE FOR HOUSEHOLD GOODS
- PART 3-4 - LICENSEES THAT ARE LESSORS UNDER CONSUMER LEASES
- Division 1 - Introduction
- SECTION 148 GUIDE TO THIS PART
- Division 2 - Credit guide of lessors
- SECTION 149 CREDIT GUIDE OF LESSORS
- SECTION 150 CREDIT GUIDE OF LESSORS WHO ARE ASSIGNEES
- Division 3 - Obligation to assess unsuitability
- SECTION 151 OBLIGATION TO ASSESS UNSUITABILITY
- SECTION 152 ASSESSMENT OF UNSUITABILITY OF THE CONSUMER LEASE
- SECTION 153 REASONABLE INQUIRIES ETC. ABOUT THE CONSUMER
- SECTION 154 WHEN CONSUMER LEASE MUST BE ASSESSED AS UNSUITABLE
- SECTION 155 GIVING THE CONSUMER THE ASSESSMENT
- Division 4 - Prohibition on entering unsuitable consumer leases
- SECTION 156 PROHIBITION ON ENTERING UNSUITABLE CONSUMER LEASES
- Division 5 - Special rules for consumer leases for household goods
- SECTION 156A LICENSEE WHO MAKES REPRESENTATIONS ABOUT CONSUMER LEASES FOR HOUSEHOLD GOODS MUST DISPLAY AND GIVE INFORMATION
- SECTION 156B LICENSEE MUST NOT ENTER INTO A CONSUMER LEASE FOR HOUSEHOLD GOODS IF THE PAYMENTS DO NOT MEET THE PRESCRIBED REQUIREMENTS
- SECTION 156C WRITTEN DOCUMENTATION REQUIRED IN RELATION TO THE ASSESSMENT FOR A CONSUMER LEASE FOR HOUSEHOLD GOODS
- PART 3-5 - CREDIT REPRESENTATIVES
- Division 1 - Introduction
- SECTION 157 GUIDE TO THIS PART
- Division 2 - Credit guide of credit representatives
- SECTION 158 CREDIT GUIDE OF CREDIT REPRESENTATIVES
- PART 3-5A - MORTGAGE BROKERS AND MORTGAGE INTERMEDIARIES
- Division 1 - Introduction
- Subdivision A - Guide to this Part
- SECTION 158K GUIDE TO THIS PART
- Subdivision B - Interpretation
- SECTION 158KA DOING ACTS
- SECTION 158KB CIRCUMSTANCES IN WHICH A SECONDARY REPRESENTATIVE IS TAKEN TO BE ACTING WITHIN ACTUAL OR APPARENT AUTHORITY
- SECTION 158KC OBLIGATIONS UNDER THIS PART IN ADDITION TO OTHER OBLIGATIONS
- Division 2 - Best interests obligations
- Subdivision A - Licensees that provide credit assistance in relation to credit contracts
- SECTION 158L APPLICATION OF THIS SUBDIVISION
- SECTION 158LA LICENSEE MUST ACT IN THE BEST INTERESTS OF THE CONSUMER
- SECTION 158LB CONFLICT BETWEEN CONSUMER ' S INTERESTS AND THOSE OF THE LICENSEE ETC.
- Subdivision B - Credit representatives that provide credit assistance in relation to credit contracts
- SECTION 158LD APPLICATION OF THIS SUBDIVISION
- SECTION 158LE CREDIT REPRESENTATIVE MUST ACT IN THE BEST INTERESTS OF THE CONSUMER
- SECTION 158LF CONFLICT BETWEEN CONSUMER ' S INTERESTS AND THOSE OF THE CREDIT REPRESENTATIVE ETC.
- Division 4 - Conflicted remuneration
- Subdivision A - What is conflicted remuneration?
- SECTION 158N CONFLICTED REMUNERATION
- SECTION 158NA REGULATIONS MAY FURTHER DEFINE CONFLICTED REMUNERATION
- Subdivision B - Ban on accepting conflicted remuneration
- SECTION 158NB LICENSEE MUST NOT ACCEPT CONFLICTED REMUNERATION
- SECTION 158NC CREDIT REPRESENTATIVE MUST NOT ACCEPT CONFLICTED REMUNERATION
- Subdivision C - Ban on giving conflicted remuneration
- SECTION 158ND EMPLOYER MUST NOT GIVE EMPLOYEES CONFLICTED REMUNERATION
- SECTION 158NE CREDIT PROVIDER MUST NOT GIVE CONFLICTED REMUNERATION
- SECTION 158NF MORTGAGE INTERMEDIARY MUST NOT GIVE CONFLICTED REMUNERATION
- Division 6 - Miscellaneous
- SECTION 158T ANTI-AVOIDANCE
- PART 3-6 - DEBT COLLECTORS
- Division 1 - Introduction
- SECTION 159 GUIDE TO THIS PART
- Division 2 - Credit guide of debt collectors
- SECTION 160 CREDIT GUIDE OF DEBT COLLECTORS
- PART 3-6A - MISCELLANEOUS RULES
- Division 1 - Introduction
- SECTION 160A GUIDE TO THIS PART
- Division 2 - Representations
- SECTION 160B ' INDEPENDENT ' , ' IMPARTIAL ' OR ' UNBIASED ' ETC.
- SECTION 160C ' FINANCIAL COUNSELLOR ' ETC.
- Division 2A - Use or disclosure of certain documents and information
- SECTION 160CA APPLICATION OF THIS DIVISION
- SECTION 160CB PROHIBITION ON USE OR DISCLOSURE OF CERTAIN DOCUMENTS AND INFORMATION
- Division 3 - Giving misleading information
- SECTION 160D PROHIBITION ON GIVING MISLEADING INFORMATION ETC.
- Division 4 - Giving authorisation for deductions by employer of debtor or lessee
- SECTION 160E REQUIREMENTS FOR GIVING AUTHORISATION TO EMPLOYER
- Division 5 - Periods for determining unsuitability in respect of credit card contracts
- SECTION 160F PERIODS FOR DETERMINING UNSUITABILITY IN RESPECT OF CREDIT CARD CONTRACTS
- Division 6 - Proscribed referrals
- SECTION 160G PROHIBITION ON PROSCRIBED REFERRALS
- PART 3-7 - EXEMPTIONS AND MODIFICATIONS RELATING TO THIS CHAPTER
- Division 1 - Introduction
- SECTION 161 GUIDE TO THIS PART
- Division 2 - Exemptions and modifications relating to this Chapter
- SECTION 162 PROVISIONS TO WHICH THIS PART APPLIES
- SECTION 163 EXEMPTIONS AND MODIFICATIONS BY ASIC
- SECTION 164 EXEMPTIONS AND MODIFICATIONS BY THE REGULATIONS
- CHAPTER 4 - REMEDIES
- PART 4-1 - CIVIL PENALTY PROVISIONS
- Division 1 - Introduction
- SECTION 165 GUIDE TO THIS PART
- Division 2 - Declarations and pecuniary penalty orders for contraventions of civil penalty provisions
- SECTION 166 DECLARATION OF CONTRAVENTION OF CIVIL PENALTY PROVISION
- SECTION 167 COURT MAY ORDER PERSON TO PAY PECUNIARY PENALTY FOR CONTRAVENING CIVIL PENALTY PROVISION
- SECTION 167A MAXIMUM PECUNIARY PENALTY
- SECTION 167B PECUNIARY PENALTY APPLICABLE
- SECTION 167C RELINQUISHING THE BENEFIT DERIVED FROM CONTRAVENING A CIVIL PENALTY PROVISION
- SECTION 167D MEANING OF BENEFIT DERIVED AND DETRIMENT AVOIDED BECAUSE OF A CONTRAVENTION OF A CIVIL PENALTY PROVISION
- Division 3 - General provisions relating to civil penalty provisions
- SECTION 168 CONTRAVENING A CIVIL PENALTY PROVISION IS NOT AN OFFENCE
- SECTION 169 ATTEMPT AND INVOLVEMENT IN CONTRAVENTION TREATED IN SAME WAY AS ACTUAL CONTRAVENTION
- SECTION 170 CIVIL EVIDENCE AND PROCEDURE RULES FOR PROCEEDINGS RELATING TO CIVIL PENALTY PROVISIONS
- SECTION 171 CRIMINAL PROCEEDINGS BEFORE CIVIL PROCEEDINGS
- SECTION 172 CRIMINAL PROCEEDINGS DURING CIVIL PROCEEDINGS
- SECTION 173 CRIMINAL PROCEEDINGS AFTER CIVIL PROCEEDINGS
- SECTION 174 EVIDENCE GIVEN IN PROCEEDINGS FOR PECUNIARY PENALTY NOT ADMISSIBLE IN CRIMINAL PROCEEDINGS
- SECTION 175 CIVIL DOUBLE JEOPARDY
- SECTION 175A CONTINUING CONTRAVENTIONS OF CIVIL PENALTY PROVISIONS
- SECTION 175B STATE OF MIND
- SECTION 175C MISTAKE OF FACT
- SECTION 175D EXCEPTIONS ETC. TO CIVIL PENALTY PROVISIONS - BURDEN OF PROOF
- SECTION 175E CIVIL PENALTY PROVISIONS CONTRAVENED BY EMPLOYEES, AGENTS OR OFFICERS
- PART 4-2 - POWER OF THE COURT TO GRANT REMEDIES
- Division 1 - Introduction
- SECTION 176 GUIDE TO THIS PART
- Division 2 - Power of the court to grant remedies
- SECTION 177 INJUNCTIONS
- SECTION 178 COMPENSATION ORDERS
- SECTION 179 OTHER ORDERS TO COMPENSATE LOSS OR DAMAGE
- SECTION 180 ORDERS IN RELATION TO UNLAWFUL CREDIT ACTIVITIES
- SECTION 180A ORDERS TO REMEDY UNFAIR OR DISHONEST CONDUCT BY CREDIT SERVICE PROVIDERS
- SECTION 181 PREFERENCE MUST BE GIVEN TO COMPENSATE CONSUMERS
- SECTION 182 ADVERSE PUBLICITY ORDERS
- SECTION 183 RELIEF FROM LIABILITY FOR CONTRAVENTION OF CIVIL PENALTY PROVISION
- SECTION 184 MULTIPLE REMEDIES MAY BE GRANTED
- PART 4-3 - JURISDICTION AND PROCEDURE OF COURTS
- Division 1 - Introduction
- SECTION 185 GUIDE TO THIS PART
- Division 2 - Civil proceedings
- Subdivision A - Application of this Division
- SECTION 186 APPLICATION OF THIS DIVISION
- Subdivision B - Conferral of civil jurisdiction
- SECTION 187 CIVIL JURISDICTION OF COURTS
- SECTION 188 JURISDICTION - DECISIONS TO PROSECUTE AND RELATED CRIMINAL JUSTICE PROCESS DECISIONS MADE BY COMMONWEALTH OFFICERS
- SECTION 189 CROSS-JURISDICTIONAL APPEALS
- SECTION 190 COURTS TO ACT IN AID OF EACH OTHER
- Subdivision C - Transfers between courts
- SECTION 191 TRANSFERS - APPLICATION OF SUBDIVISION
- SECTION 192 TRANSFERS - EXERCISE OF TRANSFER POWER
- SECTION 193 TRANSFERS - CRITERIA FOR TRANSFER
- SECTION 194 TRANSFERS - HOW INITIATED
- SECTION 195 TRANSFERS - DOCUMENTS AND PROCEDURE
- SECTION 196 TRANSFERS - CONDUCT OF PROCEEDINGS
- SECTION 197 TRANSFERS - ENTITLEMENT TO PRACTISE AS A LAWYER
- SECTION 198 TRANSFERS - LIMITATION ON APPEALS
- Subdivision D - Other matters
- SECTION 199 PLAINTIFFS MAY CHOOSE SMALL CLAIMS PROCEDURE
- SECTION 200 COSTS ONLY IF PROCEEDINGS BROUGHT VEXATIOUSLY ETC.
- SECTION 201 CIVIL PROCEEDINGS NOT TO BE STAYED
- SECTION 202 STANDARD OF PROOF IN CIVIL PROCEEDINGS
- Division 3 - Criminal proceedings
- Subdivision A - Application of this Division
- SECTION 203 APPLICATION OF THIS DIVISION
- Subdivision B - Conferral of criminal jurisdiction
- SECTION 204 CRIMINAL JURISDICTION OF COURTS
- SECTION 205 CRIMINAL PROCEEDINGS - LAWS TO BE APPLIED
- SECTION 206 CRIMINAL PROCEEDINGS - HOW TAKEN
- SECTION 207 CERTAIN PERSONS TO ASSIST IN PROSECUTIONS
- SECTION 208 PRIVILEGE AGAINST SELF-INCRIMINATION NOT AVAILABLE TO BODIES CORPORATE IN CRIMINAL PROCEEDINGS
- Division 4 - Proceedings generally
- SECTION 209 ASIC'S POWER TO INTERVENE IN PROCEEDINGS
- SECTION 210 EVIDENCE OF CONTRAVENTION
- SECTION 211 POWER OF COURT TO PUNISH FOR CONTEMPT OF COURT
- CHAPTER 5 - ADMINISTRATION
- PART 5-1 - MATTERS RELATING TO HANDLING RECORDS AND INFORMATION
- Division 1 - Introduction
- SECTION 212 GUIDE TO THIS PART
- Division 1A - The Registrar
- Subdivision A - The Registrar
- SECTION 212A APPOINTMENT OF THE REGISTRAR
- SECTION 212B FUNCTIONS
- SECTION 212C POWERS
- SECTION 212D DIRECTIONS BY MINISTER
- SECTION 212E DELEGATION
- SECTION 212F ASSISTED DECISION MAKING
- SECTION 212G LIABILITY FOR DAMAGES
- Subdivision B - How the Registrar is to perform and exercise functions and powers
- SECTION 212H DATA STANDARDS
- SECTION 212J GIVING INFORMATION TO THE REGISTRAR
- SECTION 212K HOW THE REGISTRAR IS TO PERFORM AND EXERCISE FUNCTIONS AND POWERS
- Subdivision C - Disclosure of information
- SECTION 212L DISCLOSURE FRAMEWORK
- SECTION 212M PROTECTION OF CONFIDENTIALITY OF PROTECTED INFORMATION
- SECTION 212N AUTHORISATION OF RECORDING OR DISCLOSURE
- SECTION 212P PREVENTING DISCLOSURE OF PARTICULAR PROTECTED INFORMATION
- SECTION 212Q AUTHORISATION FOR PURPOSES OF PRIVACY ACT
- SECTION 212R DISCLOSURE TO A COURT
- Subdivision D - Miscellaneous
- SECTION 212S EXTRACTS OF INFORMATION TO BE ADMISSIBLE IN EVIDENCE
- SECTION 212T ANNUAL REPORT
- SECTION 212U RULES
- Division 2 - Registers relating to credit activities
- SECTION 213 CREDIT REGISTERS
- SECTION 214 INSPECTION AND PUBLIC AVAILABILITY OF CREDIT REGISTERS
- PART 5-2 - DOCUMENTS LODGED WITH ASIC OR REQUIRED BY THIS ACT
- Division 1 - Introduction
- SECTION 215 GUIDE TO THIS PART
- Division 2 - Lodgment of documents with ASIC
- SECTION 216 WHEN DOCUMENTS ARE LODGED WITH ASIC
- SECTION 217 APPROVED FORMS FOR DOCUMENTS TO BE LODGED WITH ASIC
- SECTION 218 ASIC MAY REFUSE TO RECEIVE DOCUMENT ETC.
- Division 3 - ASIC ' s register of documents
- SECTION 219 REGISTER OF DOCUMENTS LODGED WITH ASIC
- SECTION 220 ASIC MAY REQUIRE PERSON TO GIVE INFORMATION FOR DOCUMENT REGISTERS
- SECTION 221 WRITTEN DOCUMENT SETTING OUT INFORMATION FROM DOCUMENT REGISTERS IS PRIMA FACIE EVIDENCE OF MATTERS
- Division 4 - Other provisions relating to documents lodged with ASIC or required under this Act
- SECTION 222 CERTIFIED COPY OR EXTRACT OF DOCUMENT LODGED WITH ASIC IS ADMISSIBLE IN EVIDENCE
- SECTION 223 ASIC MAY DESTROY OR DISPOSE OF CERTAIN DOCUMENTS
- SECTION 224 COURT MAY ORDER LODGMENT OF DOCUMENT ETC.
- SECTION 225 FALSE OR MISLEADING DOCUMENTS
- PART 5-3 - CONCEALMENT OR FALSIFICATION OF CREDIT BOOKS
- Division 1 - Introduction
- SECTION 226 GUIDE TO THIS PART
- Division 2 - Prohibitions relating to the concealment or falsification of credit books
- SECTION 227 CONCEALING ETC. OF CREDIT BOOKS
- SECTION 228 FALSIFICATION OF CREDIT BOOKS
- SECTION 229 PRECAUTIONS AGAINST FALSIFICATION OF CREDIT BOOKS
- PART 5-4 - FEES IMPOSED BY THE NATIONAL CONSUMER CREDIT PROTECTION (FEES) ACT 2009
- Division 1 - Introduction
- SECTION 230 GUIDE TO THIS PART
- Division 2 - Fees imposed by the National Consumer Credit Protection (Fees) Act 2009
- SECTION 231 FEES ARE PAYABLE TO THE COMMONWEALTH
- SECTION 232 LODGMENT OF DOCUMENT WITHOUT PAYMENT OF FEE
- SECTION 233 DOING ACT WITHOUT PAYMENT OF FEE
- SECTION 234 EFFECT OF SECTIONS 232 AND 233
- SECTION 235 WAIVER AND REFUND OF FEES
- SECTION 236 DEBTS DUE TO THE COMMONWEALTH
- SECTION 237 PAYMENT OF FEE DOES NOT GIVE RIGHT TO INSPECT OR SEARCH
- PART 5-5 - OTHER ADMINISTRATIVE MATTERS
- Division 1 - Introduction
- SECTION 238 GUIDE TO THIS PART
- Division 1A - Codes of conduct
- Subdivision A - Approved codes of conduct
- SECTION 238A APPROVED CODES OF CONDUCT
- SECTION 238B VARIATIONS TO APPROVED CODES OF CONDUCT
- SECTION 238C REVIEW OF APPROVED CODES OF CONDUCT
- SECTION 238D OBLIGATION TO COMPLY WITH ENFORCEABLE CODE PROVISIONS
- SECTION 238E REGULATIONS
- Subdivision B - Mandatory codes of conduct
- SECTION 238F MANDATORY CODES OF CONDUCT
- SECTION 238G OBLIGATION TO COMPLY WITH MANDATORY CODE OF CONDUCT
- Division 2 - Other administrative matters
- SECTION 239 ASIC HAS GENERAL ADMINISTRATION OF THIS ACT
- SECTION 240 OBSTRUCTING OR HINDERING ASIC ETC.
- SECTION 241 APPROVED CODES OF CONDUCT
- SECTION 242 ASIC MAY ARRANGE FOR USE OF COMPUTER PROGRAMS TO MAKE DECISIONS
- SECTION 243 QUALIFIED PRIVILEGE FOR INFORMATION GIVEN TO ASIC
- SECTION 244 ASIC CERTIFICATE IS PRIMA FACIE EVIDENCE OF MATTERS
- SECTION 245 OPERATOR OF AFCA SCHEME MAY GIVE INFORMATION TO ASIC
- CHAPTER 6 - COMPLIANCE AND ENFORCEMENT
- PART 6-1 - INVESTIGATIONS
- Division 1 - Introduction
- SECTION 246 GUIDE TO THIS PART
- Division 2 - Investigations
- SECTION 247 GENERAL POWERS OF INVESTIGATION
- SECTION 248 MINISTER MAY DIRECT INVESTIGATIONS
- SECTION 249 INTERIM REPORT ON INVESTIGATION
- SECTION 250 FINAL REPORT ON INVESTIGATION
- SECTION 251 DISTRIBUTION OF REPORT
- PART 6-2 - EXAMINATION OF PERSONS
- Division 1 - Introduction
- SECTION 252 GUIDE TO THIS PART
- Division 2 - Examination of persons
- SECTION 253 NOTICE REQUIRING APPEARANCE FOR EXAMINATION
- SECTION 254 PROCEEDINGS AT EXAMINATION
- SECTION 255 REQUIREMENTS MADE OF EXAMINEE
- SECTION 256 EXAMINATION TO TAKE PLACE IN PRIVATE
- SECTION 256A PROCEEDINGS AT EXAMINATION
- SECTION 257 EXAMINEE'S LAWYER MAY ATTEND
- SECTION 258 RECORD OF EXAMINATION
- SECTION 259 GIVING TO OTHER PERSONS COPIES OF RECORD
- SECTION 260 COPIES GIVEN SUBJECT TO CONDITIONS
- SECTION 261 RECORD TO ACCOMPANY REPORT
- PART 6-3 - INSPECTION OF BOOKS AND AUDIT INFORMATION-GATHERING POWERS
- Division 1 - Introduction
- SECTION 262 GUIDE TO THIS PART
- Division 2 - Inspection of books and audit information-gathering powers
- SECTION 263 WHEN CERTAIN POWERS MAY BE EXERCISED
- SECTION 264 ASIC MAY INSPECT BOOKS WITHOUT CHARGE
- SECTION 265 NOTICE TO AUDITORS CONCERNING INFORMATION AND BOOKS
- SECTION 266 NOTICE TO PRODUCE BOOKS ABOUT CREDIT ACTIVITIES OR CREDIT REPORTING
- SECTION 267 NOTICE TO PRODUCE DOCUMENTS IN PERSON'S POSSESSION
- SECTION 268 ASIC MAY AUTHORISE PERSONS TO REQUIRE PRODUCTION OF BOOKS, GIVING OF INFORMATION ETC.
- SECTION 269 APPLICATION FOR WARRANT TO SEIZE BOOKS NOT PRODUCED
- SECTION 270 GRANT OF WARRANT
- SECTION 271 POWERS IF BOOKS PRODUCED OR SEIZED
- SECTION 272 POWERS IF BOOKS NOT PRODUCED
- PART 6-3A - SEARCH WARRANTS
- Division 1 - Introduction
- SECTION 272A GUIDE TO THIS PART
- Division 2 - Extra application of Crimes Act search warrant provisions
- Subdivision A - Basic extra application
- SECTION 272B EXTRA APPLICATION OF CRIMES ACT SEARCH WARRANT PROVISIONS
- SECTION 272C INTERPRETATION OF MODIFICATIONS
- Subdivision B - Modifications
- SECTION 272D MAJOR MODIFICATIONS - EVIDENTIAL MATERIAL
- SECTION 272E MAJOR MODIFICATIONS - WHO MAY APPLY FOR A WARRANT ETC.
- SECTION 272F MAJOR MODIFICATIONS - PURPOSES FOR WHICH THINGS MAY BE USED AND SHARED
- SECTION 272G MINOR MODIFICATIONS
- PART 6-4 - PROCEEDINGS AFTER AN INVESTIGATION
- Division 1 - Introduction
- SECTION 273 GUIDE TO THIS PART
- Division 2 - Proceedings after an investigation
- SECTION 274 ASIC MAY PROSECUTE
- SECTION 275 ASIC MAY BRING CIVIL PROCEEDINGS
- PART 6-5 - HEARINGS
- Division 1 - Introduction
- SECTION 276 GUIDE TO THIS PART
- Division 2 - Hearings
- SECTION 277 POWER TO HOLD HEARINGS
- SECTION 278 GENERAL DISCRETION TO HOLD HEARING IN PUBLIC OR PRIVATE
- SECTION 279 REQUEST BY PERSON APPEARING AT HEARING THAT IT TAKE PLACE IN PUBLIC
- SECTION 280 CERTAIN HEARINGS TO TAKE PLACE IN PRIVATE
- SECTION 281 ASIC MAY RESTRICT PUBLICATION OF CERTAIN MATERIAL
- SECTION 282 WHO MAY BE PRESENT WHEN HEARING TAKES PLACE IN PRIVATE
- SECTION 283 INVOLVEMENT OF PERSON ENTITLED TO APPEAR AT HEARING
- SECTION 284 POWER TO SUMMON WITNESSES AND TAKE EVIDENCE
- SECTION 285 PROCEEDINGS AT HEARINGS
- SECTION 285A PROCEEDINGS AT HEARINGS
- SECTION 286 ASIC TO TAKE ACCOUNT OF EVIDENCE AND SUBMISSIONS
- SECTION 287 REFERENCE TO COURT OF QUESTION OF LAW ARISING AT HEARING
- SECTION 288 PROTECTION OF ASIC MEMBERS ETC.
- PART 6-5A - PENALTIES FOR OFFENCES
- Division 1 - Introduction
- SECTION 288A GUIDE TO THIS PART
- Division 2 - Penalty for committing an offence
- SECTION 288B PENALTY FOR COMMITTING AN OFFENCE
- SECTION 288C PENALTY APPLICABLE TO AN OFFENCE COMMITTED BY AN INDIVIDUAL
- SECTION 288D PENALTY APPLICABLE TO AN OFFENCE COMMITTED BY A BODY CORPORATE
- SECTION 288E MEANING OF BENEFIT DERIVED AND DETRIMENT AVOIDED BECAUSE OF AN OFFENCE
- SECTION 288F WHERE IS THE PENALTY FOR AN OFFENCE SPECIFIED?
- SECTION 288G IF NO PENALTY IS SPECIFIED
- PART 6-5B - INFRINGEMENT NOTICES
- Division 1 - Introduction
- SECTION 288H GUIDE TO THIS PART
- Division 2 - Infringement notices
- SECTION 288J WHEN AN INFRINGEMENT NOTICE MAY BE GIVEN
- SECTION 288K PROVISIONS SUBJECT TO AN INFRINGEMENT NOTICE
- SECTION 288L MATTERS TO BE INCLUDED IN AN INFRINGEMENT NOTICE
- SECTION 288M PAYMENT PERIOD
- SECTION 288N EXTENSION OF TIME TO PAY AMOUNT
- SECTION 288P PAYMENT BY INSTALMENTS
- SECTION 288Q WITHDRAWAL OF AN INFRINGEMENT NOTICE
- SECTION 288R EFFECT OF PAYMENT OF AMOUNT
- SECTION 288S EFFECT OF THIS PART
- PART 6-6 - OFFENCES UNDER THIS CHAPTER
- Division 1 - Introduction
- SECTION 289 GUIDE TO THIS PART
- Division 2 - Offences
- SECTION 290 CONTRAVENTIONS OF REQUIREMENTS MADE UNDER THIS CHAPTER
- SECTION 291 FALSE INFORMATION
- SECTION 292 OBSTRUCTING PERSON EXECUTING A WARRANT UNDER THIS CHAPTER
- SECTION 293 DISRUPTING HEARINGS
- SECTION 294 CONCEALING BOOKS RELEVANT TO INVESTIGATION
- SECTION 295 SELF-INCRIMINATION
- SECTION 296 LEGAL PROFESSIONAL PRIVILEGE
- SECTION 297 POWERS OF COURT RELATING TO CONTRAVENTIONS OF THIS CHAPTER
- PART 6-7 - ASIC ' S POWERS IN RELATION TO CONTRAVENTIONS OF THIS CHAPTER
- Division 1 - Introduction
- SECTION 298 GUIDE TO THIS PART
- Division 2 - ASIC ' s powers in relation to contraventions of this Chapter
- SECTION 299 APPLICATION OF THIS PART
- SECTION 300 ORDERS BY ASIC RELATING TO CREDIT CONTRACTS, MORTGAGES, GUARANTEES OR CONSUMER LEASES
- SECTION 301 ORDERS UNDER THIS PART
- PART 6-7A - PRODUCT INTERVENTION ORDERS
- Division 1 - Introduction
- SECTION 301A GUIDE TO THIS PART
- Division 2 - Product intervention orders
- SECTION 301B DEFINITIONS
- SECTION 301C APPLICATION OF PRODUCT INTERVENTION ORDERS
- SECTION 301D ASIC MAY MAKE PRODUCT INTERVENTION ORDERS
- SECTION 301E SIGNIFICANT DETRIMENT TO CONSUMERS
- SECTION 301F ASIC TO CONSULT BEFORE MAKING PRODUCT INTERVENTION ORDERS
- SECTION 301G COMMENCEMENT AND DURATION OF PRODUCT INTERVENTION ORDERS
- SECTION 301H EXTENSION OF PRODUCT INTERVENTION ORDERS
- SECTION 301J AMENDMENT OF PRODUCT INTERVENTION ORDERS
- SECTION 301K REVOCATION OF PRODUCT INTERVENTION ORDERS
- SECTION 301L ASIC TO ISSUE PUBLIC NOTICE OF PRODUCT INTERVENTION ORDERS
- SECTION 301M REMAKING PRODUCT INTERVENTION ORDERS
- SECTION 301N PRODUCT INTERVENTION ORDERS MAY REQUIRE NOTIFICATION
- SECTION 301P ENFORCEMENT OF PRODUCT INTERVENTION ORDERS
- PART 6-8 - EVIDENTIARY USE OF CERTAIN MATERIAL
- Division 1 - Introduction
- SECTION 302 GUIDE TO THIS PART
- Division 2 - Evidentiary use of certain material
- SECTION 303 STATEMENTS MADE AT AN EXAMINATION: PROCEEDINGS AGAINST EXAMINEE
- SECTION 304 STATEMENTS MADE AT AN EXAMINATION: OTHER PROCEEDINGS
- SECTION 305 WEIGHT OF EVIDENCE ADMITTED UNDER SECTION 304
- SECTION 306 OBJECTION TO ADMISSION OF STATEMENTS MADE AT EXAMINATION
- SECTION 307 COPIES OF, OR EXTRACTS FROM, CERTAIN BOOKS
- SECTION 308 REPORT UNDER PART 6-1
- SECTION 309 EXCEPTIONS TO ADMISSIBILITY OF REPORT
- SECTION 310 MATERIAL OTHERWISE ADMISSIBLE
- PART 6-9 - MISCELLANEOUS PROVISIONS RELATING TO COMPLIANCE AND ENFORCEMENT
- Division 1 - Introduction
- SECTION 311 GUIDE TO THIS PART
- Division 2 - Miscellaneous provisions relating to compliance and enforcement
- SECTION 312 REQUIREMENT MADE OF A BODY CORPORATE
- SECTION 313 EVIDENCE OF AUTHORITY
- SECTION 314 GIVING DOCUMENTS TO NATURAL PERSONS
- SECTION 315 PLACE AND TIME FOR PRODUCTION OF BOOKS
- SECTION 316 APPLICATION OF CRIMES ACT AND EVIDENCE ACT
- SECTION 317 ALLOWANCES AND EXPENSES
- SECTION 318 EXPENSES OF INVESTIGATION UNDER PART 6-1
- SECTION 319 RECOVERY OF EXPENSES OF INVESTIGATION
- SECTION 320 COMPLIANCE WITH THIS CHAPTER
- SECTION 321 EFFECT OF THIS CHAPTER
- SECTION 322 ENFORCEMENT OF UNDERTAKINGS
- CHAPTER 7 - MISCELLANEOUS
- PART 7-1 - MISCELLANEOUS
- Division 1 - Introduction
- SECTION 323 GUIDE TO THIS PART
- Division 1A - Avoidance schemes
- SECTION 323A SCHEMES FOR AVOIDANCE PURPOSES
- SECTION 323B WHETHER IT IS REASONABLE TO DRAW CONCLUSION AS TO PURPOSE
- SECTION 323C PRESUMPTION OF AVOIDANCE FOR CERTAIN SCHEMES IN CIVIL CASES
- SECTION 323D EXEMPTION BY ASIC
- Division 2 - Liability of persons for conduct of their agents etc.
- SECTION 324 LIABILITY FOR BODIES CORPORATE FOR CONDUCT OF THEIR AGENTS, EMPLOYEES ETC.
- SECTION 325 LIABILITY OF PERSONS (OTHER THAN BODIES CORPORATE) FOR THE CONDUCT OF THEIR AGENTS, EMPLOYEES ETC.
- SECTION 326 REGULATIONS FOR THE PURPOSES OF THIS DIVISION
- Division 3 - Review of ASIC ' s decisions
- SECTION 327 REVIEW BY ADMINISTRATIVE APPEALS TRIBUNAL OF DECISIONS BY ASIC UNDER THIS ACT
- SECTION 328 NOTICE OF REVIEWABLE DECISION AND REVIEW RIGHTS
- Division 4 - Regulations
- SECTION 329 REGULATIONS
- SECTION 330 REGULATIONS - WHERE PROCEEDINGS MAY BE BROUGHT
- SECTION 331 REGULATIONS - INFRINGEMENT NOTICES
- Division 5 - Other miscellaneous provisions
- SECTION 332 CIVIL PENALTY PROVISIONS CONTRAVENED OR OFFENCES COMMITTED PARTLY IN AND PARTLY OUT OF THIS JURISDICTION
- SECTION 333 CONTRAVENTION OF ACT DOES NOT GENERALLY AFFECT VALIDITY OF TRANSACTIONS ETC.
- SECTION 334 CONTRACTING OUT ETC.
- SECTION 335 INDEMNITIES
- SECTION 335A REVIEW RELATING TO SMALL AMOUNT CREDIT CONTRACTS
- SECTION 336 ACQUISITION OF PROPERTY
- SECTION 337 MINISTER MAY DELEGATE PRESCRIBED FUNCTIONS AND POWERS UNDER THIS ACT
- SCHEDULE 1 - NATIONAL CREDIT CODE
- PART 1 - PRELIMINARY
- 1 Short title
- 2 Interpretation generally
- 3 Meaning of credit and amount of credit
- 4 Meaning of credit contract
- 5 Provision of credit to which this Code applies
- 6 Provision of credit to which this Code does not apply
- 7 Mortgages to which this Code applies
- 8 Guarantees to which this Code applies
- 9 Goods leases with option to purchase to be regarded as sale by instalments
- 10 Deciding application of Code to particular contracts for the sale of land by instalments
- 11 Deciding application of Code to particular contracts for the sale of goods by instalments
- 12 Deciding application of Code to particular contracts for the sale of goods by instalments under related contracts
- 13 Presumptions relating to application of Code
- 13A Reverse mortgages
- PART 2 - CREDIT CONTRACTS
- Division 1 - Negotiating and making credit contracts
- 14 Credit contract to be in form of written contract document
- 15 Other forms of contract
- 16 Precontractual disclosure
- 17 Matters that must be in contract document
- 18 Form and expression of contract document
- 18A Provisions that must not be included in credit contract for reverse mortgage
- 18B Disclosure if credit contract for reverse mortgage does not protect tenancy of person other than debtor
- 18C Independent legal advice before entry into credit contract for reverse mortgage
- 19 Alteration of contract document
- 20 Copy of contract for debtor
- 21 When debtor may terminate contract
- 22 Offence for noncompliance
- Division 2 - Debtor ' s monetary obligations
- 23 Prohibited monetary obligations - general
- 23A Prohibited monetary obligations - small amount credit contracts
- 24 Offences related to prohibited monetary obligations - credit providers
- 24A Offences related to prohibited monetary obligations - credit assistance providers
- 25 Loan to be in money or equivalent
- 26 Early payments and crediting of payments
- 26A Regulations about residential investment property
- Division 3 - Interest charges
- 27 Definitions relating to interest
- 27A Application of this Division
- 28 Limit on interest charges
- 29 Early debit or payment of interest charges prohibited
- 30 Default interest
- 30A Regulations about residential investment property
- 30B Regulations about credit card contracts
- Division 4 - Fees and charges
- 31 Prohibited credit fees or charges
- 31A Restrictions on fees and charges for small amount credit contracts
- 31B Credit provider or prescribed person must not require or accept payment of a fee or charge in relation to a small amount credit contract etc.
- 31C Prohibition on unexpired monthly fees in relation to small amount credit contracts
- 32 Fees or charges in relation to third parties
- Division 4A - Annual cost rate of certain credit contracts
- 32A Prohibitions relating to credit contracts if the annual cost rate exceeds 48%
- 32AA Prohibition relating to the annual cost rate of credit contracts - later increases of the annual percentage rate etc.
- 32B Calculation of annual cost rate
- Division 5 - Credit provider ' s obligation to account
- 33 Statements of account
- 34 Information to be contained in statements of account
- 35 Opening balance must not exceed closing balance of previous statement
- 36 Statement of amount owing and other matters
- 37 Court may order statement to be provided
- 38 Disputed accounts
- 39 Dating and adjustment of debits and credits in accounts
- Division 5A - Additional rules relating to small amount credit contracts
- 39A Limit on the application of amount of credit provided under a small amount credit contract
- 39B Limit on amount that may be recovered if there is default under a small amount credit contract
- 39C Credit provider must do prescribed things if a default in payment by direct debit occurs
- Division 6 - Certain transactions not to be treated as new contracts
- 40 Changes etc. under contracts
- PART 3 - RELATED MORTGAGES AND GUARANTEES
- Division 1 - Mortgages
- 41 Application of Division
- 42 Form of mortgage
- 43 Copy of mortgage for mortgagor
- 44 Mortgages over all property void
- 45 Restriction on mortgage of future property
- 46 Mortgages and continuing credit contracts
- 47 All accounts mortgages
- 48 Third party mortgages prohibited
- 49 Maximum amount which may be secured
- 50 Prohibited securities
- 51 Assignment or disposal of mortgaged property by mortgagor
- 52 Conditions on consent to assignment or disposal of property subject to mortgage
- 53 Offence for noncompliance
- Division 2 - Guarantees
- 54 Application of Division
- 55 Form of guarantee
- 56 Disclosure
- 57 Copies of documents for guarantor
- 58 Guarantor may withdraw before credit is provided
- 59 Extension of guarantee
- 60 Limitation of guarantor ' s liability
- 61 Increase in guarantor ' s liabilities
- 62 Offence for noncompliance
- PART 4 - CHANGES TO OBLIGATIONS UNDER CREDIT CONTRACTS, MORTGAGES AND GUARANTEES
- Division 1 - Unilateral changes by credit provider
- 63 Application of Division
- 64 Interest rate changes
- 65 Repayment changes
- 66 Credit fees and charges changes
- 67 Changes to credit limits etc. in continuing credit contracts
- 67A Changes to tenancy protection in credit contracts for reverse mortgages
- 68 Other unilateral changes by credit provider
- 69 Particulars of matters as changed only required to be given under this Division in certain cases
- 70 Prohibited increases in liabilities
- Division 2 - Changes by agreement of parties
- 71 Changes by agreement
- Division 3 - Changes on grounds of hardship and unjust transactions
- 72 Changes on grounds of hardship
- 73 Notice of change
- 74 Changes by court
- 75 Credit provider may apply for variation of change
- 76 Court may reopen unjust transactions
- 77 Orders on reopening of transactions
- 78 Court may review unconscionable interest and other charges
- 79 Applications by ASIC
- 80 Time limit
- 81 Joinder of parties
- PART 5 - ENDING AND ENFORCING CREDIT CONTRACTS, MORTGAGES AND GUARANTEES
- Division 1 - Ending of credit contract by debtor etc.
- Subdivision A - Paying out contract etc.
- 82 Debtor ' s or guarantor ' s right to pay out contract
- 83 Statement of pay out figure
- 84 Court may determine pay out figure if credit provider does not provide a pay out figure
- 85 Surrender of mortgaged goods and goods subject to sale by instalments
- 86 Compensation to debtor or mortgagor
- Subdivision B - Ending of reverse mortgage by credit provider receiving value of reverse mortgaged property
- 86A Application of this Subdivision
- 86B Discharge of debtor ' s obligations under credit contract and discharge of mortgage
- 86C Credit provider must pay debtor excess of receipt over adjusted market value for reverse mortgaged property
- 86D Credit provider must not demand or accept further payments
- 86E Cases in which sections 86B, 86C and 86D do not apply
- 86F Relationship between this Subdivision and other provisions
- Subdivision C - Notice of first direct debit default
- 87 One-off notice to be given the first time a direct debit default occurs
- Division 2 - Enforcement of credit contracts, mortgages and guarantees
- 88 Requirements to be met before credit provider can enforce credit contract or mortgage against defaulting debtor or mortgagor
- 89 Defaults may be remedied
- 89A Effect of hardship notices on enforcement
- 90 Requirements to be met before credit provider can enforce guarantee against guarantor
- 91 Requirements to be met before credit provider can repossess mortgaged goods
- 92 Acceleration clauses
- 93 Requirements to be met before credit provider can enforce an acceleration clause
- 93A Extra requirements for enforcing reverse mortgage if debtor ' s liability exceeded value of reverse mortgaged property
- Division 3 - Postponement of enforcement proceedings
- 94 Postponement of exercise of rights
- 95 Effect of negotiated postponement
- 96 Postponement by court
- 97 Credit provider may apply for variation of postponement order
- Division 4 - Enforcement procedures for goods mortgaged
- 98 Information as to location of mortgaged goods
- 99 Entry to residential property to take possession of goods
- 100 Court may order entry
- 101 Order for possession
- 102 Procedures to be followed by credit provider after taking possession of goods
- 103 Mortgagor may nominate purchaser of goods taken by credit provider
- 104 Sale of goods by credit provider
- 105 Matters for which account can be debited after mortgagee sale of goods
- 106 Compensation to mortgagor
- Division 5 - Enforcement expenses
- 107 Recovery of enforcement expenses
- Division 6 - Mortgagor ' s remedies
- 108 Mortgagor may apply to regain possession of mortgaged goods
- 109 Order for possession for mortgagor
- 110 Ancillary or consequential orders
- PART 6 - PENALTIES FOR DEFAULTS OF CREDIT PROVIDERS AND LESSORS
- Division 1 - Penalties for breach of key disclosure and other requirements
- 111 Key requirements
- 112 Application for order relating to key requirements
- 113 Penalty may be imposed for contravention of key requirement
- 114 Penalty if application made by debtor or guarantor
- 114A Penalty if application made by lessee
- 115 Payment of penalty to debtor, lessee or guarantor
- 116 Penalty if application made by credit provider, lessor or ASIC
- 117 Payment of penalty
- 118 Compensation for debtor, lessee or guarantor
- 119 General provisions relating to applications by credit providers, lessors or ASIC
- 120 ASIC may represent interests of debtors and lessees
- 121 Directions pending court ' s decision
- 122 Offences
- 123 Time limit for application for orders under this Division
- Division 2 - Other penalties
- 124 Civil effect of contraventions
- PART 7 - RELATED SALE CONTRACTS
- Division 1 - Interpretation and application
- 125 Meaning of sale contract
- 126 Sale contracts to which this Part applies
- 127 Linked credit providers and tied credit contracts
- Division 2 - Liability of credit providers for suppliers ' misrepresentations
- 128 Credit provider liable with respect to supplier ' s misrepresentations etc. about tied credit contract
- Division 3 - Liability of credit providers in relation to goods
- 129 Right to damages under sale contract against both supplier and linked credit provider
- 130 Limits on debtor ' s right of action against linked credit provider
- 131 Liability of supplier to linked credit provider
- 132 Interest may be awarded
- 133 Subrogation of credit provider
- Division 4 - Termination of related transactions
- 134 Termination of sale contract which is conditional on obtaining credit
- 135 Termination of (or recredit under) tied credit contract if sale contract terminated
- 136 Termination of linked maintenance services contract if credit contract terminated
- 137 Termination of contract under this Part to be in writing
- 138 Powers of court with respect to termination of contract under this Part
- 139 Part 5 not to apply to termination of contract under this Part
- Division 5 - Other provisions
- 140 Requirement as to source of credit for goods or services
- 141 Prohibition on payment for goods or services by postdated bills of exchange or notes which exceed cash price of goods or services
- PART 8 - RELATED INSURANCE CONTRACTS
- 142 Interpretation and application
- 143 Requirement to take out insurance or to insure with particular insurer or on particular terms
- 144 Financing of insurance premiums over mortgaged property
- 145 Commission for consumer credit insurance
- 146 Supply of copy of credit-related insurance contract by insurer
- 147 Rejection of debtor ' s proposal for insurance
- 148 Termination of consumer credit insurance contract if credit contract terminated
- 149 Termination of insurance contract over mortgaged property if credit contract terminated
- PART 9 - ADVERTISING AND RELATED CONDUCT
- 150 Advertising
- 151 Persons liable for advertisements
- 152 Defence
- 153 Interest rates which may be disclosed
- 154 False or misleading representations
- 155 Harassment
- 156 Canvassing of credit at home
- PART 10 - COMPARISON RATES
- Division 1 - Preliminary
- 157 Object of Part
- 158 Part not to apply to continuing credit contracts
- 159 Definitions
- Division 2 - Comparison rate in credit advertising
- 160 Comparison rate mandatory in advertisements containing annual percentage rate
- 161 The relevant comparison rate
- 162 Information about comparison rate
- 163 Warning about comparison rate
- 164 Other requirements for comparison rate
- Division 3 - Comparison rate in other documents
- 165 Comparison rates in documents other than credit advertising
- Division 4 - Miscellaneous
- 166 Calculation of comparison rates
- 167 Compliance grace period following changes in interest or fees
- 168 Regulations - exemptions and other matters
- PART 11 - CONSUMER LEASES
- Division 1 - Interpretation and application
- 169 Meaning of consumer lease
- 170 Consumer leases to which this Part applies
- 171 Consumer leases to which this Part does not apply
- 172 Presumptions relating to application of this Part
- Division 2 - Form of and information to be included in consumer leases
- 173 Form of consumer lease
- 173A Other forms of consumer lease
- 174 Disclosures in consumer leases
- 174A Alteration of consumer lease document
- 175 Copy of lease etc. for lessee
- Division 4 - Fees and charges
- 175A Prohibited consumer lease fees or charges
- 175AA Cap on fees and charges for consumer leases
- 175AB Imposing fees or charges above the permitted cap - offence
- 175AC Lessee may recover fees and charges exceeding base price if cap is breached
- 175B Fees or charges in relation to third parties
- Division 5 - Lessor ' s obligation to account
- Subdivision A - Ongoing statements of account
- 175C Statements of account
- 175D Information to be contained in statements of account
- 175E Statement of amount owing and other matters
- 175F Court may order statement of account to be provided
- 175G Disputed accounts
- Subdivision B - End of lease statements
- 175H End of lease statement
- Division 6 - Certain transactions not to be treated as new consumer leases
- 175J Changes etc. under consumer leases
- 176 Further goods and deferrals or waivers under consumer leases
- Division 7 - Changes to obligations under consumer leases
- Subdivision A - Changes by agreement of parties
- 177A Changes by agreement
- Subdivision B - Changes on grounds of hardship and unjust transactions
- 177B Changes on grounds of hardship
- 177C NOTICE OF CHANGE
- 177D Changes by court
- 177E Lessor may apply for variation of change
- 177F Court may reopen unjust transactions
- 177G Orders on reopening of transactions
- 177H Applications by ASIC
- 177J Time limit
- 177K Joinder of parties
- Division 8 - Repossession, termination and enforcement of consumer leases
- Subdivision A - Repossession of goods under consumer lease
- 177 Application of certain Code provisions to consumer leases
- 178 Notice of repossession
- Subdivision B - Termination of consumer lease by lessee
- 178A Termination before goods have been provided
- 179 Termination after goods have been provided
- 179A Statement of amount payable on termination
- 179B Court may determine amount payable on termination if lessor does not
- 179C One-off notice to be given the first time a direct debit default occurs
- Subdivision C - Enforcement of consumer leases
- 179D Requirements to be met before lessor can enforce consumer lease against defaulting lessee
- 179E Defaults may be remedied
- 179F Effect of hardship notices on enforcement
- 179G Requirements to be met before lessor can enforce an acceleration clause
- 179GA Limit on amount that may be recovered if there is default under a consumer lease
- Subdivision D - Postponement of enforcement proceedings
- 179H Postponement of exercise of rights
- 179J Effect of negotiated postponement
- 179K Postponement by court
- 179L Lessor may apply for variation of postponement order
- Subdivision E - Enforcement procedures for goods hired under a consumer lease
- 179M Information as to location of goods hired under a consumer lease
- 179N Entry to residential property to take possession of goods
- 179P Court may order entry
- 179Q Order for possession
- Subdivision F - Enforcement expenses
- 179R Recovery of enforcement expenses
- Division 9 - Linked lessors and tied consumer leases
- Subdivision A - Interpretation and application
- 179S Linked lessors and tied consumer leases
- Subdivision B - Liability of lessors for suppliers ' misrepresentations
- 179T Lessor liable for supplier ' s misrepresentations about hired goods
- Division 10 - Conduct relating to consumer leases
- 179U False or misleading representations
- 179V Harassment
- 179VA Canvassing of consumer leases for household goods
- 179VB Using postal, telegraphic, telephonic or other like services to enter into a consumer lease for an indefinite period
- 179VC Entering into a consumer lease for an indefinite period in the course of constitutional trade and commerce
- Division 11 - Other Code provisions applicable to consumer leases
- 179W Application of certain Code provisions to consumer leases
- PART 12 - MISCELLANEOUS
- Division 1 - Tolerances and assumptions
- 180 Tolerances and assumptions relating to information
- 181 Tolerances relating to contracts and other documents
- 182 Regulations
- Division 2 - Documentary provisions
- 183 Form of notices
- 184 Legibility and language
- 185 Copies of contracts and other documents
- 185A Records of nominations of persons to occupy reverse mortgaged properties
- 186 Signing of documents
- 187 Electronic transactions and documents
- Division 3 - General provisions
- 188 Assignment by credit provider
- 189 Assignment by debtor, mortgagor or guarantor
- 190 Appropriation of payments
- 191 Contracting out
- 192 Indemnities
- 193 Effect of noncompliance
- 194 Giving notice or other document
- 195 Manner of giving notice or other document
- 196 Date of notice or other document
- 197 Extensions of time
- 198 Orders of court
- 199 Conduct of agents and related matters
- Division 4 - Provisions relating to offences
- 200 Offences by officers, agents or employees
- 201 Offences by corporations
- 202 Limitations
- 203 Application of section 4K of the Crimes Act 1914
- Division 5 - Exemptions from this Code
- 203A Exemptions by ASIC
- 203B Exemptions by the regulations
- PART 13 - PRINCIPAL DEFINITIONS
- 204 Principal definitions
- PART 14 - MISCELLANEOUS PROVISIONS RELATING TO INTERPRETATION
- Division 1 - Preliminary
- 205 Displacement of Part by contrary intention
- Division 2 - General
- 206 Material that is, and is not, part of this Code
- 207 References to particular acts and to enactments
- 208 Compliance with forms
- Division 3 - Terms and references
- 209 Provisions relating to defined terms and gender and number
- 210 Meaning of may and must etc.
- 211 Effect of express references to bodies corporate and individuals
- 212 Reference to certain provisions of Code
- 213 Reference to provisions of this Code or an act is inclusive
- Division 4 - Functions and powers
- 214 Power to make instrument or decision includes power to amend or repeal
- 215 Matters for which statutory instruments may make provision
- 216 Presumption of validity and power to make
- 217 Exercise of powers between enactment and commencement
- Division 5 - Distance, time and age
- 218 Matters relating to distance, time and age
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