Victorian Consolidated Legislation

Credit Act 1984 - SECT 67

Civil penalty

67. Civil penalty



(1) Subject to section 85, where, in relation to a billing cycle of a
continuing credit contract-

   (a)  the credit provider has not given notice in writing to the debtor of
        the annual percentage rate in respect of the contract in accordance
        with section 3(4) or 59;







   (b)  the credit charge-

   (i)  is determined otherwise than in accordance with this Division; or

   (ii) is not included in a statement of account for that billing cycle given
        to the debtor under section 61;

   (c)  the debtor incurs a debt under the contract before the credit provider
        has given a notice under section 59;

   (d)  the credit provider includes in the statement of account for that
        billing cycle an amount of deferral charges or default charges; or

   (e)  a mortgage relating to the continuing credit contract is entered into
        in contravention of section 91(1)-

the debtor is not liable to pay to the credit provider the credit charge in
respect of that billing cycle.

(2) Nothing in this section affects the liability of a person to be convicted
of an offence under this Act.