Queensland Consolidated Acts

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CREDIT ACT 1987 - SECT 68

68 Civil penalty

(1) Subject to sections 86 and 87, where, in relation to a billing cycle of a continuing credit contract--

(a) the credit provider has not given notice in writing to the debtor of the annual percentage rate in respect of the contract in accordance with section 5(4) or 60; or
(b) the credit charge--
(i) is determined otherwise than in accordance with this division; or
(ii) is not included in a statement of account for that billing cycle given to the debtor under section 62; or
(c) the debtor incurs a debt under the contract before the credit provider has given a notice under section 60; or
(d) the credit provider includes in the statement of account for that billing cycle an amount of deferral charges or default charges; or
(e) a mortgage relating to the continuing credit contract is entered into in contravention of section 92(1);

the debtor is not liable to pay to the credit provider the credit charge in respect of that billing cycle.

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



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