Victorian Consolidated Legislation

Credit Act 1984 - SECT 47

Tribunal may determine reasonable fees etc.

47. Tribunal may determine reasonable fees etc.



(1) Where a credit provider enters into a credit sale contract or a loan
contract that includes a statement of-

   (a)  the amount of fees payable to a legal practitioner authorized to
        prepare documents for the contract or for a mortgage entered into in
        relation to the contract;

   (b)  the amount of any charge prescribed for the purposes of clause 1(g) of
        Schedule 2 or clause 1(d) of Schedule 4; or





   (c)  the value of any consideration of a kind prescribed for the purposes
        of clause 1(i) of Schedule 2 or clause 1(f) of Schedule 4-

and the debtor claims that the amount or value is not a reasonable amount or
value he may apply to the Tribunal for determination of the amount or value.

(2) Where an application to the Tribunal is made under subsection (1), the
Tribunal shall-

   (a)  determine the amount or value and make such orders as are necessary to
        give effect to its determination; or

   (b)  dismiss the application.

(3) Where the Tribunal makes a determination under this section in relation to
a credit sale contract or a loan contract, the contract as varied in
accordance with the determination shall be deemed not to fail to comply with
section 35 or 36 by reason only of the determination.

Division 2-Continuing credit contracts