Queensland Consolidated Regulations

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CONSUMER CREDIT REGULATION 1995 - SECT 13

13 Pre-contractual statement

(1) For the purposes of section 14(4) of the Code, the following financial information under section 15 of the Code, which is to be contained in the precontractual statement, is prescribed (the relevant financial information)--

(a) section 15(B) (Amount of credit)--the amount of credit agreed to be provided (if ascertainable) or (if not ascertainable) the maximum amount of credit agreed to be provided, or the credit limit under the contract, (if any);
(b) section 15(C) (Annual percentage rate or rates)--the information referred to in section 15(C), except paragraph (c)(iii);
(c) section 15(D) (Calculation of interest charges)--the maximum duration of any interest free period under the credit contract;
(d) section 15(E) (Total amount of interest charges payable)--the information referred to in section 15(E);
(e) section 15(F) (Repayments)--the information referred to in section 15(F);
(f) section 15(G) (Credit fees and charges)--the information referred to in section 15(G)(a) and (b), but only in respect of--
(i) retained credit fees and charges (that is, credit fees and charges retained by the credit provider and not passed on to or retained in reimbursement of an amount paid to a third party); and
(ii) lenders mortgage insurance.

(2) The relevant financial information is to be set out separately from the remainder of the information under section 15 of the Code that is to be set out in the precontractual statement. The relevant financial information is to be set out in tabular form, in either portrait or landscape format (the financial table).

(3) Additional information may be included in the financial table, but only in the following circumstances--

(a) any information referred to in section 15(B), (C), (D), (E), (F) or (G) of the Code that is not relevant financial information may be included with the relevant financial information;
(b) any other information referred to in section 15(A) or (H) to (O) of the Code may be included after the relevant financial information and any information included under paragraph (a).

(4) If the relevant financial information relates to more than 1 type of credit facility, the information may be set out in a single financial table or in separate financial tables.

(5) The financial table is to be set out at the beginning of the precontractual statement. If the precontractual statement consists of more than one document, the financial table need not be repeated. If the precontractual statement is not a separate document, the financial table is to be set out at the beginning of the proposed contract document. The financial table may be preceded by information necessary to identify the loan.

(6) If any of the relevant financial information can change under the credit contract because of a unilateral change by the credit provider, a clear statement must be made in the financial table that it is subject to change and that the change can be made without the debtor's consent. A single statement may be made in respect of 2 or more items of information subject to change.

(7) Any expression may be used for the purposes of the relevant financial information if the expression is defined elsewhere in the precontractual statement.

(8) The relevant date of disclosure of the information in the financial table may be set out in the financial table.

(9) This section does not prevent a repetition of the relevant financial information in the financial table in any other form in connection with the remainder of the information under section 15 of the Code that is to be set out in the precontractual statement.

Note--
Section 14(1)(a) of the Code requires a credit provider to give a prospective debtor a precontractual statement setting out matters required by section 15 of the Code to be included in the credit contract document. The precontractual statement must be given before the credit contract is entered into or before the debtor makes an offer to enter into the contract, whichever first occurs. Under section 14(4) of the Code, the regulations may prescribe the form in which any of that financial information is to be contained in the precontractual statement.


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