Australian Capital Territory Consolidated Acts

CREDIT ACT 1985 - SECT 67

    (1)     Subject to section 85, if, in relation to a billing cycle of a continuing credit contract—

        (a)     the credit provider has not given written notice to the debtor of the annual percentage rate in relation to the contract in accordance with section 3 (4) or 59; or

        (b)     the credit charge—

              (i)     is determined otherwise than in accordance with this division; or

              (ii)     is not included in a statement of account for that billing cycle given to the debtor under section 61; or

        (c)     the debtor incurs a debt under the contract before the credit provider has given a notice under section 59; or

        (d)     the credit provider includes in the statement of account for that billing cycle an amount of deferral charges or default charges; or

        (e)     a mortgage relating to the continuing credit contract is entered into in contravention of section 91 (1);

the debtor is not liable to pay to the credit provider the credit charge in relation to that billing cycle.

    (2)     Nothing in this section affects the liability of a person to be convicted of an offence against this Act.