New South Wales Consolidated Acts

CONSUMER CREDIT ADMINISTRATION ACT 1995

- As at 17 July 2009
- Act 69 of 1995

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions
   4.      Conduct of agents

   PART 1A - REGULATION OF FINANCE BROKING

           Division 1 - Preliminary

   4A.     Object of Part
   4B.     Application of Part

           Division 2 - Finance broking contracts

   4C.     Finance broking contract must be in writing and must be given to client

           Division 3 - Commission

   4D.     Up-front commission prohibited
   4E.     Payment of commission depends on terms of consumer credit being the same as those agreed to
   4F.     Commission must not be greater than that disclosed or estimated in contract
   4G.     Finance broker may charge for costs even if client declines credit

           Division 4 - Records and fees

   4H.     Finance broker to keep records
   4I.     Valuation fees, credit application fees and credit establishment fees

           Division 5 - Consumer action

   4J.     Consumer action where contract breached, unjust conduct or excessive commission

           Division 6 - Court may take action

   4K.     Court action where contract breached, unjust conduct or excessive commission
   4L.     Court may order refund

   PART 2 - SUPERVISION OF THE PROVISION OF CONSUMER CREDIT AND FINANCE BROKING

   5.      Application
   6.      Requiring information
   7.      Failure to give information is an offence
   8.      Entry and inspection
   9.      Search warrants
   10.     Standards for entry and inspection

   PART 3 - DISCIPLINE FOR UNJUST CONDUCT

           Division 1 - Complaints

   11.     Object of Part
   12.     Complaints about a credit provider or finance broker
   13.     Investigation of complaints

           Division 2 - Disciplinary action

   14.     Undertakings
   15.     Notice to show cause
   16.     Person may make submission
   17.     Director-General may make further inquiries
   18.     Director-General may take further disciplinary action

           Division 3 - Prohibition orders

   19.     Prohibition orders
   20.     Application for variation or revocation of a prohibition order
   21.     Powers of credit provider or finance broker
   22.     Civil penalty
   23.     Criminal penalty

           Division 4 - Administration

   24.     Notification of decisions of Director-General
   25.     Register of disciplinary action taken
   26.     Award of costs by Director-General
   27.     Appeal against order

   PART 4 - INQUIRIES

   28.     Minister may order inquiry
   29.     Notice of inquiry
   30.     Appearances at inquiry
   31.     Procedure at inquiry
   32.     Powers of Tribunal at inquiry
   33.     Failure to appear at inquiry
   34.     Refusal to be sworn, produce document or answer question
   35.     Power to obtain information

   PART 5 - FUNCTIONS OF DIRECTOR-GENERAL IN RELATION TO PROCEEDINGS

   36.     Director-General may represent debtor or other person
   37.     Director-General may proceed for another
   38.     Conduct of proceedings taken by Director-General
   39.     Intervention by Minister or Director-General
   40.     Investigation of application to Tribunal

   PART 6 - OFFENCES

   41.     Offences by corporations
   42.     Persons who may take proceedings
   43.     Disposal of proceedings for offence
   44.     Limitation

   PART 7 - MISCELLANEOUS

   45.     Secrecy
   46.     Service of documents
   47.     Crown to be bound
   48.     Regulations
   49.     Repeals
   50.     (Repealed)
   51.     Savings and transitional provisions
   52.     Review of Act
           Schedule 1 (Repealed)
           SCHEDULE 2