Commonwealth Consolidated Acts

TRADE PRACTICES ACT 1974 - SECT 73A

             (1)  For the purposes of this section:

                     (a)  a reference to an agreement includes a reference to an arrangement, understanding or course of dealing; and

                     (b)  a person shall be deemed to agree with another person with respect to a matter if the first‑mentioned person has an agreement, arrangement or understanding with the other person, or is engaged in a course of dealing with the other person, with respect to the matter.

             (2)  Where:

                     (a)  a person (in this section referred to as the creditor ), in the course of a business carried on by the creditor, agrees with a consumer to provide credit to the consumer in respect of:

                              (i)  payment for goods or services or cash supplied by the creditor to the consumer from time to time; or

                             (ii)  payment by the creditor to a third person in respect of goods or services or cash supplied by that third person to the consumer from time to time; and

                     (b)  the amounts owing to the creditor from time to time under the agreement are or are to be calculated on the basis that all amounts owing, and all payments made, by the consumer under or in respect of the agreement are entered in one or more accounts kept for the purpose of the agreement;

the agreement is, for the purposes of section 73, a continuing credit contract.

             (3)  Where the creditor agrees to make payments to a third person in respect of goods or services or cash supplied by that third person to the consumer, as mentioned in subparagraph (2)(a)(ii), then, for the purposes of this section, the creditor shall, in respect of any goods or services or cash so supplied, be deemed to have provided credit to the consumer to the extent of any payments made or to be made by the creditor to that third person.