Queensland Consolidated Regulations

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CONSUMER CREDIT REGULATION 1995 - SECT 54

54 Application of Code--hardship and unjust transactions with respect to pre-Code continuing credit contracts

(1) Sections 66 to 69 of the Code (relating to changes on grounds of hardship) apply to applications in respect of any pre-Code continuing credit contract even though the cause of the hardship arose before the commencement of the Code.

(2) Sections 70 and 72 of the Code (relating to re-opening unjust transactions and unconscionable charges) do not apply, except as provided by subsection (3), in respect of--

(a) a pre-Code continuing credit contract; or
(b) a mortgage or guarantee relating to such a contract that is made before the Code commences to apply to the contract.

(3) If the provisions of a pre-Code continuing credit contract, or such a mortgage or guarantee, are varied after that commencement, sections 70 and 72 of the Code apply in respect of the contract, mortgage or guarantee, but--

(a) the operation of the contract, mortgage or guarantee before that commencement may not be affected; and
(b) the court may have regard to anything that is unjust or unconscionable only if it is attributable to the variation.


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