Queensland Consolidated Regulations

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CONSUMER CREDIT REGULATION 1995 - SECT 58

58 Credit fees and charges

(1) Paragraph (b) of the definition of credit fees and charges in schedule 1 to the Code does not apply to a fee or charge referred to in subsection (5).

(2) For the purposes of the Code, credit fees and charges do not include any fees or charges that are payable to or by a credit provider in connection with a credit contract in connection with which both credit and debit facilities are available if the fees or charges would be payable even if credit facilities were not available.

(3) Despite subsection (2), an annual fee or charge in connection with a continuing credit contract under which credit is ordinarily obtained only by the use of a card is a credit fee or charge for the purposes of the Code.

(4) For the purposes of the Code, enforcement expenses are not credit fees and charges.

(5) This section applies to a fee or charge payable in connection with--

(a) a pre-Code credit contract to which the Code applies; and
(b) any other credit contract entered into not later than 2 years after the commencement of the Code.


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