Victorian Consolidated Legislation

Credit Act 1984 - SECT 86AA

General order varying civil penalty for minor errors

86AA. General order varying civil penalty for minor errors



(1) In this section, minor error means a contravention of or a failure to
comply with this Act which is unlikely to disadvantage the debtors concerned
in any significant respect.

(2) If a credit provider makes an application to the Tribunal under section 86
and requests the Tribunal to deal with the application under this section, the
following provisions have effect-

   (a)  notice of the application is required to be served on the Director but
        (unless the Tribunal otherwise directs) is not required to be served
        on any other person;

   (b)  if the Tribunal is satisfied that all the contraventions or failures
        to which the application relates are minor errors and ought reasonably
        be excused, the Tribunal may make a determination under section 85
        that debtors under all regulated contracts entered into during the
        period concerned which are affected by those minor errors are liable
        to pay the whole of the credit charges under those contracts;

   (c)  if the Tribunal is not so satisfied, the Tribunal must direct that
        notice of the application be given to the debtors concerned, either
        personally or in accordance with section 86.