Victorian Consolidated Legislation

Credit Act 1984 - SECT 46

Copy of document for debtor or guarantor

46. Copy of document for debtor or guarantor



(1) Where a credit provider receives a request in writing for a copy of a
document that he is required by this section to provide together with the
prescribed fee (if any) from a debtor under a credit sale contract or a loan
contract or from a guarantor who has entered into a contract of guarantee with
the credit provider in respect of the obligations of the debtor under a credit
sale contract or a loan contract, the credit provider shall within fourteen
days after receiving the request give to the debtor or guarantor who made the
request-

   (a)  a copy of the contract or of the offer or other document signed by the
        debtor or guarantor relating to the contract and to which the request
        relates; or

   (b)  where the request relates to a contract of insurance in relation to
        which an amount is included in the amount financed-

   (i)  a copy of the contract of insurance; or

   (ii) a statement of the terms and conditions of the contract of insurance
        which affect or concern the rights of the debtor. Penalty: 10 penalty
        units.

(2) A credit provider is not required to comply with a request under
subsection (1) from a debtor under a credit sale contract or a loan contract
or from a guarantor under a contract of guarantee if, within the period of
three months immediately preceding the receipt of the request, he has complied
with an earlier request from that debtor or guarantor in relation to that
credit sale contract, loan contract or contract of guarantee.