Queensland Consolidated Regulations

CONSUMER CREDIT CODE - SECT 21

(1) A credit contract must not impose a monetary liability on the debtor--

(a) in respect of a credit fee or charge prohibited by this Code; or

(b) in respect of an amount of a fee or charge exceeding the amount that may be charged consistently with this Code; or

(c) in respect of an interest charge under the contract exceeding the amount that may be charged consistently with this Code.

(2) Civil effect. Any provision of a credit contract that imposes a monetary liability prohibited by subsection (1) is void to the extent that it does so. If an amount that is prohibited by subsection (1) is paid, it may be recovered.

(3) A credit fee or charge can not be charged in respect of a credit contract unless the contract authorises it to be charged.

(4) Civil effect. If an amount that is prohibited by subsection (3) is paid, it may be recovered.