New South Wales Consolidated Acts

HOMEFUND COMMISSIONER ACT 1993 - SECT 42A

42A Certain agreements prohibited

(1) A person is not entitled to charge or recover any fee for assisting another person to make a complaint or to furnish information to the Commissioner (such as in the form of a complaints guide) with respect to a complaint.

(2) A person who charges or recovers, or who attempts to recover, any such fee is guilty of an offence.

Maximum penalty: 100 penalty units.

(3) Nothing in subsections (1) and (2) applies in relation to advice given by an Australian legal practitioner about relief under the HomeFund Restructuring Act 1993 .

(4) An agreement is void to the extent to which it purports to assign to any person, in payment for assistance of the kind referred to in subsection (1), any money received by a complainant as a result of a determination arising from the complaint.

(5) An agreement is void to the extent to which it purports to exclude, modify or restrict the operation of this section.

(6) This section applies to any agreement, whether in writing or not and whether entered into before or after the commencement of this section. Acts occurring before the commencement of this section do not give rise to an offence under subsection (2).