New South Wales Consolidated Acts

HOMEFUND COMMISSIONER ACT 1993 - SECT 26C

26C Determinations affected by the restructuring scheme under the HomeFund Restructuring Act 1993

(1) The Commissioner is not to make a determination granting relief to a HomeFund borrower if the granting to the HomeFund borrower of such relief is excluded by the HomeFund Restructuring Act 1993 .

(2) The Commissioner may make a determination referred to in section 15 (2) of the HomeFund Restructuring Act 1993 despite section 15 (1) of that Act and as if section 15 (1) of that Act had not extinguished the action, liability, claim or demand on which any relevant entitlement to a legal remedy is based.

(3) However, the Commissioner is not to make a determination referred to in section 15 (2) of the HomeFund Restructuring Act 1993 if the sole basis of the proposed determination is the existence of an entitlement to a legal remedy under the Trade Practices Act 1974 of the Commonwealth.