Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) When an application is made for a determination under section 85, the civil penalty to which the application relates is stayed pending the disposal of the application by the ACAT.
(2) For the purposes of staying any such civil penalty, the application operates as an interim determination of the ACAT in the terms sought by the application pending its disposal by the ACAT.
(3) Until the interim determination ceases to have effect, the credit provider shall not, in relation to an amount in excess of the amount financed under the relevant regulated contract—
(a) take enforcement action against the debtor; or
(b) enter into an agreement under section 69 for the refinancing of the contract; or
(c) make a default charge under section 72.
(4) When the application is disposed of by the ACAT, the interim determination under this section ceases to have effect but, subject to any order of the ACAT to the contrary, all actions taken under that interim determination while it had effect remain valid after it ceases to have effect.
(5) The ACAT may, before disposing of the application, give the applicant any directions that it considers appropriate to protect the interests of the debtors concerned, including directions relating to the payment of all or any of the relevant amounts into a trust account.
(6) This section does not apply to an application for a determination if—
(a) the determination cannot be made by the ACAT under section 85; or
(b) the ACAT excludes the application from the operation of this section because a direction under subsection (5) has not been complied with or for any other reason.
(7) For this section, a reference to the "disposal" of an application includes a reference to the withdrawal of the application by the applicant.
(8) In this section:
"civil penalty" means a penalty that is imposed on a credit provider by the operation of this Act and under which the debtor is not liable to pay to the credit provider an amount otherwise payable under a regulated contract.