Australian Capital Territory Consolidated Acts

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CREDIT ACT 1985 - SECT 243

Linked credit provider—sale of land

For part 2—

        (a)     the dictionary, definition of linked credit provider applies in relation to a vendor of land in the same way as it applies in relation to a supplier of goods and services; and

        (b)     a credit provider and a vendor of land have a trade or tie agreement if they have an agreement or arrangement, whether formal or informal, for the provision of credit to purchasers of land from that vendor; and

        (c)     section 12 applies to a loan contract entered into by a credit provider with a purchaser of land from a vendor in the same way as it applies to a loan contract entered into by a credit provider with a buyer of goods and services from a supplier; and

        (d)     sections 24 to 29 apply to a vendor of land and the provision of credit in relation to the payment by a purchaser under a contract for the purchase of land from that vendor in the same way as those sections apply to a supplier of goods and services and the provision of credit in relation to the payment by a buyer for goods and services supplied by that supplier; and

        (e)     a reference to a tied loan contract includes a reference to a loan contract under which the amount financed is not in excess of the amount prescribed by the regulations for section 30 (2) (a) and is applied in making a payment under a contract for the purchase of land unless the credit provider did not know, and could not reasonably have known, that the amount financed was to be so applied; and

        (f)     a reference to a tied continuing credit contract includes a reference to such a contract under which an amount that—

              (i)     does not exceed $20 000; and

              (ii)     is in relation to a payment under a contract for the purchase of land;

is entered in an account of the debtor kept by the credit provider unless the credit provider did not know, and could not reasonably have known, that the amount was in relation to such a payment.



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