National Consumer Credit Protection Act 2009
CHAPTER 3
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RESPONSIBLE LENDING CONDUCT
PART 3-1
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LICENSEES THAT PROVIDE CREDIT ASSISTANCE IN RELATION TO CREDIT CONTRACTS
Division 4
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Obligations of credit assistance providers before providing credit assistance for credit contracts
SECTION 116
PRELIMINARY ASSESSMENT OF UNSUITABILITY OF THE CREDIT CONTRACT
116(1)
[
Preliminary assessment for para 115(1)(c)
]
(a) specifies the period the assessment covers; and
(b) assesses whether the credit contract will be unsuitable for the consumer if the contract is entered or the credit limit is increased in that period. 116(2) [ Preliminary assessment for para 115(2)(a) ]
(a) specifies the period the assessment covers; and
(b) assesses whether the credit contract will be unsuitable for the consumer if the consumer remains in the contract in that period.
For the purposes of paragraph 115(1)(c), the licensee must make a preliminary assessment that:
(a) specifies the period the assessment covers; and
(b) assesses whether the credit contract will be unsuitable for the consumer if the contract is entered or the credit limit is increased in that period. 116(2) [ Preliminary assessment for para 115(2)(a) ]
For the purposes of paragraph 115(2)(a), the licensee must make a preliminary assessment that:
(a) specifies the period the assessment covers; and
(b) assesses whether the credit contract will be unsuitable for the consumer if the consumer remains in the contract in that period.
Note:
The licensee is not required to make a preliminary assessment under this section if the credit assistance is not provided.