Victorian Consolidated Legislation

Credit Act 1984 - SECT 86

General order varying civil penalty

86. General order varying civil penalty





(1) Where a credit provider has contravened or failed to comply with this Act
or the Credit (Administration) Act 1984 in respect of two or more regulated
contracts, he may apply to the Tribunal for a determination under section 85
and the Tribunal, without affecting the liability of a person to be convicted
of an offence under this Act or the Credit (Administration) Act 1984-

   (a)  may make a determination under section 85 in relation to one or more
        specified regulated contracts; and

   (b)  may make a determination under section 85 in relation to all regulated
        contracts entered into by the credit provider during a specified
        period; and

   (c)  may make a determination under section 85 in relation to all regulated
        contracts of a specified class entered into by the credit provider
        during a specified period (for example, all regulated contracts
        entered into during a specified period which are affected by a
        specified contravention or failure).

(2) The debtors affected by an application under this section need not be
identified in the application. However, the Tribunal may (if it considers that
it is appropriate to do so) decline to deal with the application unless the
application is amended to identify the debtors.

(3) The Tribunal may authorise notice of an application under this section to
be given by the publication of the notice in a newspaper circulating within
the State or Australia if the Tribunal considers that (because of the number
of debtors and other circumstances of the case) it is impracticable to give
notice to each debtor and it is otherwise appropriate to give notice by such
publication.

(4) If the debtors affected by any such applications are not identified in the
notice, the following information must be included in the notice-

   (a)  the name of the credit provider;

   (b)  a general description of the regulated contracts concerned;

   (c)  the period during which the contracts were entered into;

   (d)  the nature of the contraventions or failures to which the application
        relates.

(5) Each debtor who may be affected by any such application is taken to have
been personally served with a notice so published and (despite anything to the
contrary in the Credit (Administration) Act 1984 or regulations under that
Act) is not entitled to any other notice of the application.