Victorian Consolidated Legislation

Credit Act 1984 - SECT 32

Form of offer

32. Form of offer



(1) A person who is-

   (a)  a credit provider;

   (b)  an agent of a credit provider authorized to receive an offer to the
        credit provider to enter into a credit sale contract or a loan
        contract; or

   (c)  a supplier in relation to whom a credit provider is a linked credit
        provider-

shall not give to a person a document for signature by that person as an offer
in writing to the credit provider to enter into a credit sale contract or a
loan contract unless it includes a notice that is in the form prescribed for
the purposes of this subsection and is in a position so prescribed or, in a
particular case, in a position approved by the Tribunal. Penalty: 20 penalty
units.

(2) A credit provider or an agent of a credit provider shall not give to a
person an offer in writing signed by or on behalf of the credit provider to
enter into a credit sale contract or a loan contract unless it includes a
notice that is in the form prescribed for the purposes of this subsection and
is in a position so prescribed or, in a particular case, in a position
approved by the Tribunal.

Penalty: 20 penalty units.

(3) Where-

   (a)  a credit provider;

   (b)  an agent of a credit provider authorized to receive an offer to the
        credit provider to enter into a credit sale contract or a loan
        contract; or

   (c)  a supplier in relation to whom a credit provider is a linked credit
        provider-

gives to a person a document for signature by that person as an offer in
writing to the credit provider to enter into a credit sale contract or a loan
contract, the credit provider, agent or supplier, as the case may be, shall,
before that person signs the document also give to that person a true copy of
the document for his own use certified by the credit provider, agent or
supplier as a true copy of the first-mentioned document. Penalty: 10 penalty
units.





(4) Where a credit provider or an agent of a credit provider gives to a person
an offer in writing signed by or on behalf of the credit provider to enter
into a credit sale contract or a loan contract, a credit provider or agent
shall, before that person accepts the offer, also give to that person a true
copy of the offer for his own use certified by the credit provider or agent as
a true copy of the offer.

Penalty: 10 penalty units.

(5) Where a person signs a document and thereby offers to enter into, or
enters into, a credit sale contract or a loan contract, any subsequent
alteration of, or addition to, the terms and conditions of the contract has no
force or effect unless, after the alteration or addition has been made, the
person has, opposite the alteration or addition, signed or initialled the
margin of-

   (a)  the document in which the terms and conditions of the contract are
        specified; and

   (b)  the copy of the document given to him pursuant to subsection (3) or
        (4).

(6) Where a person signs a document and thereby offers to enter into, or
enters into, a credit sale contract, or a loan contract-

   (a)  the credit provider;

   (b)  an agent of the credit provider authorised to make or receive the
        offer to enter into the contract; or

   (c)  a supplier in relation to whom the credit provider is a linked credit
        provider-

shall not alter or add to the terms and conditions specified in the document
with intent to deceive the debtor or, where the alteration or addition is made
by the supplier, with intent to deceive the credit provider, whether or not
the document in which those terms and conditions are specified has been signed
or initialled as provided in subsection (5). Penalty: 50 penalty units.

(7) In this section, offer in writing includes a document that, if signed by
or on behalf of the credit provider and the debtor, would be a credit sale
contract or a loan contract.