Australian Capital Territory Consolidated Acts

CREDIT ACT 1985 - SECT 86

    (1)     If a credit provider has contravened, or failed to comply with, this Act in relation to 2 or more regulated contracts, the credit provider may apply to the ACAT for a determination under section 85 and the ACAT, without affecting the liability of a person to be convicted of an offence against this Act—

        (a)     may make a determination under section 85 in relation to 1 or more specified regulated contracts;

        (b)     may make a determination under section 85 in relation to all regulated contracts entered into by the credit provider during a specified period; and

        (c)     may make a determination under section 85 in relation to all regulated contracts of a specified class entered into by the credit provider during a specified period (for example, all regulated contracts entered into during a specified period that are affected by a specified contravention or failure).

    (2)     The debtors affected by an application under this section need not be identified in the application, however the ACAT may, if it considers that it is appropriate to do so, decline to deal with the application unless the application is amended to identify the debtors.

    (3)     The ACAT may authorise notice of an application under this section to be given by the publication of the notice in a daily newspaper if the ACAT considers that because of the number of debtors and the other circumstances of the case it is appropriate to do so.

    (4)     If the debtors affected by any such application are not identified in the notice, the following information must be included in the notice:

        (a)     the name of the credit provider;

        (b)     a general description of the regulated contracts concerned;

        (c)     the period during which the contracts were entered into;

        (d)     the nature of the contraventions or failures to which the application relates.

    (5)     Each debtor who may be affected by any such application is taken to have been personally served with a notice so published and is not entitled to any other notice of the application.