New South Wales Consolidated Acts

CREDIT ACT 1984 - SECT 42

42 Civil penalty

(1) Subject to section 85, where:

(a) a credit sale contract is not in writing signed by the debtor or is not in accordance with section 35,

(b) a loan contract is not in writing signed by the debtor or is not in accordance with section 36,

(c) the annual percentage rate under a credit sale contract, or a loan contract, is not disclosed in accordance with section 38 and, if applicable, section 39,

(d) a credit sale contract or a loan contract is deemed to be not in accordance with the provisions of this Division by reason of section 40 (1), or

(e) a mortgage relating to a credit sale contract, or a loan contract, is entered into in contravention of section 91 (1),

the debtor is not liable to pay to the credit provider the credit charge under the contract.

(2) An amount paid by a debtor in respect of the credit charge that, in accordance with subsection (1), the debtor is not liable to pay may be set off by the debtor against the amount that is due or becomes due to the credit provider under the credit sale contract or the loan contract or, where there is not such an amount, is a debt due by the credit provider to the debtor.

(3) Nothing in this section affects the liability of a person to be convicted of an offence under this Act.