Victorian Consolidated Legislation

Credit Act 1984 - SECT 59

Notice of terms of continuing credit contract

59. Notice of terms of continuing credit contract



(1) A credit provider shall, before the debtor first incurs a debt under a
continuing credit contract, give a notice in writing to the debtor stating-

   (a)  the amount (if any) that, under the contract, is agreed as the maximum
        amount in respect of which, at any time, credit is agreed to be
        provided to the debtor under the contract;

   (b)  the method by which the chargeable amount in respect of each billing
        cycle is to be determined;

   (c)  the terms and conditions (if any) upon which, under the contract, a
        credit charge for a billing cycle may be made;

   (d)  the method by which the amount of the credit charge for each billing
        cycle is to be determined;

   (e)  the period after the expiration of a billing cycle within which the
        amount owed by the debtor at the expiration of the billing cycle is
        payable including particulars of provisions requiring payment at a
        time or times during that period of any part or parts of that amount;





   (f)  the annual percentage rate in respect of the contract and the manner
        of its application to the contract;

   (g)  particulars of stamp duty (if any) in respect of or in relation to the
        contract or a mortgage payable under the contract by the debtor;

   (h)  particulars of any mortgage relating to the contract that, as a
        condition of the making of the contract, has been or is agreed to be
        entered into;

        (i)    the method (if any) by which, under the contract, provisions of
               the contract may be varied;

   (j)  particulars of such other matters (if any) as are prescribed for the
        purposes of this section; and

   (k)  the other terms and conditions (if any) to which the contract is
        subject.

Penalty: 10 penalty units.

(2) It is sufficient compliance with subsection (1) if the continuing credit
contract was made by the acceptance of an offer in writing by the debtor to
the credit provider to enter into the contract (being an offer that includes
the matters required to be stated in a notice under subsection (1)) and,
before the debtor incurs a debt under the contract, a copy of that offer is
given to him for his own use.

(3) Nothing in this section requires the inclusion in a notice under
subsection (1) of a statement that is not, or particulars that are not,
applicable to the continuing credit contract.