Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) A provision in a mortgage to the effect that if the mortgagor makes default under the mortgage and the mortgagee exercises a right in relation to the mortgage arising from the default, the mortgagor is, if the mortgagee so determines, liable to pay to the mortgagee an amount incurred or expended in the exercise of that right is void unless the provision limits the amount so payable to the reasonable amount reasonably incurred or expended by the mortgagee in the exercise of that right.
(2) A mortgagee that enters into a mortgage containing a provision that is void because of subsection (1) commits an offence.
Maximum penalty:
(a) for an individual—$2 000; and
(b) for a corporation—$10 000.
(3) If there is a dispute between the mortgagee and the mortgagor in relation to the liability of the mortgagor to pay a reasonable amount reasonably incurred or expended by the mortgagee in the exercise of a right in relation to a mortgage arising from the default of the mortgagor, the ACAT may, on the application of the mortgagor or mortgagee, determine the amount of that liability.