Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) If—
(a) the debtor under a continuing credit contract queries, by a written document given or sent to the credit provider, any amount or other matter (being matter that the debtor reasonably believes is incorrect about the nature or extent of the liability of the debtor to the credit provider) shown in a statement of account given to him or her in accordance with section 61; and
(b) the document contains sufficient details to enable the credit provider to identify the statement of account; and
(c) the document is given or sent to the credit provider before payment under the contract is due in relation to the statement of account; and
(d) the credit provider does not take the action that satisfies the query;
any right of action claimed by the credit provider in relation to the queried amount or other matter and any related credit charges, and any obligation on the part of the debtor to pay the queried amount and any related credit charges, are suspended until after the end of the 2 complete billing cycles that next succeed the giving by the credit provider to the debtor of a written notification setting out his or her decision in relation to the query.
(2) If the credit provider corrects, in a way that satisfies the query referred to in subsection (1), the amount or other matter in the statement of account given to the debtor relating to the next billing cycle or a subsequent billing cycle, the credit provider may not impose any charge for the provision of credit, or otherwise, in relation to that next billing cycle and any such subsequent billing cycle, relating to the queried amount or other matter, and the imposition of any such charge is, without limiting subsection (4), void.
(3) The debtor may apply to the ACAT, before the end of the 2 complete billing cycles after the giving by the credit provider to the debtor of a written notification of his or her decision in relation to the query referred to in subsection (1), for a determination to be made in relation to the queried amount or other matter, and any right of action, and obligation to pay, referred to in subsection (1) are further suspended until the ACAT makes its determination.
(4) For subsection (3), the ACAT may make any orders that it considers appropriate, including—
(a) an order that the whole or a specified part of the credit or other charges that would have been payable by the debtor had he or she not made his or her query are payable by him or her; and
(b) an order removing the suspension imposed by subsection (1).
(5) A credit provider that institutes proceedings in relation to a right of action referred to in subsection (1) while the right of action is, under this section, suspended commits an offence.
Maximum penalty:
(a) for an individual—$2 000; and
(b) for a corporation—$10 000.