NATIONAL CONSUMER CREDIT PROTECTION REGULATIONS 2010 (SLI NO 44 OF 2010)
Table of Provisions
- 1 Name of Regulations
- 2 Commencement
- 3 Definitions
- 4 Meaning of associate
- 5 Prescribed orders
- 6 Forms
- 7 How to get an Australian credit licence -- requirements for a foreign entity to appoint local agent
- 8 How to get an Australian credit licence -- streamlined process for particular classes of applicants
- 9 The conditions on the licence
- 10 Obligations of licensees -- alternative dispute resolution systems
- 11 Obligations of licensees -- foreign entity must continue to have local agent
- 12 Obligations of licensees -- requirements for compensation arrangements
- 13 Obligations of licensees -- offence in relation to failure to cite licence number in documents
- 14 Obligations of licensees -- who compliance certificate must be signed by
- 15 When a licence can be suspended, cancelled or varied -- grounds to suspend or cancel licence
- 16 Sub-authorisation by body corporate
- 17 Information and matters to be contained in a trust account audit report
- 18 Eligibility of auditors to prepare trust account audit report
- 19 Auditors who prepare audit reports
- 20 Persons exempt from requiring a licence -- general
- 21 Persons exempt from requiring a licence -- debt collectors
- 22 Persons exempt from requiring a licence -- third parties
- 23 Persons exempt from requiring a licence -- providers of point of sale credit services
- 24 Activities exempt from being credit activities
- 25 Activities exempt from requiring a licence
- 26 Obligations of credit providers before entering credit contracts or increasing credit limits
- 27 Giving the consumer an assessment -- extended time period
- 28 Credit guide of credit representatives -- contact details for an approved external dispute resolution scheme
- 29 Credit registers -- licensees, credit representatives and registered persons
- 30 Credit registers -- persons against whom banning order or disqualification order is made
- 31 Investigations -- distribution of report
- 32 Examination of person -- form of notice requiring assistance and appearance for examination
- 33 Inspection of books and audit information-gathering powers -- evidence of authority
- 34 Hearings -- form of summons to appear before ASIC
- 35 Miscellaneous provisions -- allowances and expenses
- 36 Where proceedings may be brought
- 37 Purpose of Part 6-2
- 38 Definitions for Part 6-2
- 39 When an infringement notice can be given
- 40 Contents of infringement notice
- 41 Amount of penalty if infringement notice given
- 42 Extension of time to pay penalty
- 43 Payment of penalty by instalments
- 44 Time for payment of penalty
- 45 Effect of payment of penalty
- 46 Withdrawal of infringement notice by nominated person
- 47 Withdrawal of infringement notice by ASIC
- 48 Notice of withdrawal of infringement notice
- 49 Refund of penalty
- 50 Continued application of Part 12 of the Code and interpretation provisions
- 51 Exempt credit -- maximum account charges
- 52 Additional exempt credit
- 53 GIO Finance Limited's No Interest Loan Scheme -- exemption from Code
- 54 Rental Purchase Plan -- exemption from certain provisions of Code
- 55 Partnership loans -- exemption from certain provisions of Code
- 56 Student loans -- exemption from certain provisions of Code
- 57 Loans for conservation of heritage items -- exemption from Code
- 58 ADIs -- exemption from Code
- 59 Estate administrators -- exemption from certain provisions of Code
- 60 Credit under Aged Care Act 1997 -- exemption from certain provisions of Code
- 61 Firefighter's Benefit Fund of WA Incorporated -- exemption from certain provisions of Code
- 62 Charge card contracts -- exemption of certain contracts from Code
- 63 Credit providers providing credit to directors -- exemption from certain provisions of Code
- 64 Mortgages -- exemptions from Code
- 65 Guarantees -- exemption from Code
- 66 Deemed mortgages for goods lease with option to purchase
- 67 Prescribed person in relation to a declaration
- 68 Declaration of purposes for which credit provided
- 69 Direct debit default notices -- exemption for credit providers
- 70 Statement about debtor's statutory rights and obligations
- 71 Comparison rate
- 72 Pre-contractual statement
- 73 Additional disclosures about insurance financed by contract
- 74 Additional disclosures about credit contracts to be signed by debtor
- 75 Deduction of amount for interest charges
- 76 Calculation of unpaid daily balances
- 77 Early debit or payment of interest charges
- 78 Interest charges in relation to residential investment property
- 79 When statement of account not required
- 80 Mortgage arising from certain home ownership schemes -- exemption from subsection 50 (1) of the Code
- 81 Form of guarantees
- 82 Explanation about guarantor's rights and obligations
- 83 Information about increases in the amount of credit
- 84 Information after surrender of goods
- 85 Notice after direct debit default occurs
- 86 Notice after default occurs
- 87 Consent to enter premises
- 88 Statement about mortgagor's rights and obligations
- 89 Information about proceeds of sale of mortgaged goods
- 90 Rate of interest on damages
- 91 Informing debtor of rights
- 92 Rebate of consideration
- 93 Particulars of insurance entered into by credit provider
- 94 Proportionate rebate of consumer credit insurance premium
- 95 Notice of right to cancel mortgaged property insurance
- 96 Proportionate rebate of premium for insurance over mortgaged property
- 97 Relevant comparison rate where annual percentage rate stated
- 98 Information about whether comparison rate relates to secured loan
- 99 Warnings about comparison rate
- 100 Calculation of comparison rates
- 101 Matters that may be included in comparison rate schedules
- 102 Consumer lease excluded from application of Part 11 of the Code
- 103 Prescribed person in relation to declarations
- 104 Declaration about purpose of lease
- 105 Explanation about rights and obligations of consumer lessees
- 106 Tolerances relating to disclosures
- 107 Tolerances relating to amounts payable etc
- 108 Additional assumptions relating to disclosures
- 109 Contracts linked to loan account offset arrangements
- 110 Requirements for print or type
- 111 Notices
- 112 References in documents to Consumer Credit Code of a State or Territory