National Consumer Credit Protection Act. Australia

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СКАЧАТЬ more than that amount.

      Division 4 requires a licensee, before providing credit assistance to a consumer in relation to a credit contract, to make a preliminary assessment as to whether the contract will be unsuitable for the consumer. To do this, the licensee must make inquiries and verifications about the consumer’s requirements, objectives and financial situation. The licensee must give the consumer a copy of the assessment if requested.

      Division 5 requires a licensee, when providing credit assistance to a consumer in relation to a credit contract, to give the consumer a document that discloses certain information (for example, the commission the licensee is likely to receive).

      Division 6 prohibits a licensee from providing credit assistance to a consumer in relation to a credit contract if the contract will be unsuitable for the consumer.

      112 Application of this Part

      This Part does not apply in relation to credit assistance provided by a licensee in relation to a credit contract if the licensee is or will be the credit provider under the contract.

      Division 2—Credit guide of credit assistance providers

      113 Credit guide of credit assistance providers

      Requirement to give credit guide

      1) A licensee must, as soon as practicable after it becomes apparent to the licensee that it is likely to provide credit assistance to a consumer in relation to a credit contract, give the consumer the licensee’s credit guide in accordance with subsection (2).

      Civil penalty: 2,000 penalty units.

      2) The licensee’s credit guide must:

      a) be in writing; and

      b) be in the form (if any) prescribed by the regulations; and

      c) specify the licensee’s name and contact details; and

      d) specify the licensee’s Australian credit licence number; and

      e) give information about:

      i) any fees that are payable by a consumer to the licensee for the licensee’s credit assistance; and

      (ii) any charges that are payable by a consumer to the licensee for matters associated with providing the credit assistance; and (iii) the method for working out the amount of the fees and charges; and

      f) give information about:

      i) if there are 6 or fewer credit providers that the licensee conducts business with when providing credit assistance in relation to credit contracts — the names of those credit providers; and(ii) if there are more than 6 credit providers that the licensee conducts business with when providing credit assistance in relation to credit contracts — the names of the 6 credit providers with whom the licensee reasonably believes it conducts the most business; and

      g) give information about:

      i) any commissions that the licensee, or an employee, director or credit representative of the licensee, is likely to receive, directly or indirectly, from credit providers in relation to credit contracts for which the licensee has provided credit assistance; and

      (ii) a reasonable estimate of the amounts of those commissions or the range of those amounts; and

      (iii) the method for working out those amounts; and

      h) give information about the licensee’s procedure for resolving disputes with a consumer, including contact details for a consumer to access:

      i) the licensee’s internal dispute resolution procedure; and

      (ii) the approved external dispute resolution scheme of which the licensee is a member; and

      i) give information about the licensee’s obligations under sections 120 and 123; and

      j) comply with any other requirements prescribed by the regulations.

      3) The regulations may prescribe:

      a) information that need not be included in the credit guide, despite subsection (2); and

      b) for the purposes of paragraph (2)(g):

      i) the method for working out amounts of commissions; and(

      ii) how commissions or amounts of commissions must be described.Manner of giving credit guide

      4) The licensee must give the consumer the licensee’s credit guide in the manner (if any) prescribed by the regulations.

      Strict liability offence

      5) A person commits an offence if:

      a) the person is subject to a requirement under subsection (1); and

      b) the person engages in conduct; and

      c) the conduct contravenes the requirement.

      Criminal penalty: 50 penalty units.

      6) Subsection (5) is an offence of strict liability.

      Note: For strict liability, see section 6.1 of the Criminal Code.

      Division 3—Quote for providing credit assistance etc. in relation to credit contracts

      114 Quote for providing credit assistance etc.

      Requirement to give quote

      1) A licensee must not provide credit assistance to a consumer by:

      a) suggesting that the consumer apply, or assisting the consumer to apply, for a particular credit contract with a particular credit provider; or

      b) suggesting that the consumer apply, or assisting the consumer to apply, for an increase to the credit limit of a particular credit contract with a particular credit provider; or

      c) suggesting that the consumer remain in a particular credit contract with a particular credit provider;

      unless:

      d) the licensee has given the consumer a quote in accordance with subsection (2); and

      e) the consumer has signed and dated that quote or otherwise indicated the consumer’s acceptance of it (and the day that happens) in the manner (if any) prescribed by the regulations; and

      f) the licensee has given the consumer a copy of the accepted quote.

      Civil penalty: 2,000 penalty units.

      2) The quote must:

      a) be in writing; and

      b) give information about the credit assistance and other services that the quote covers; and

      c) specify the maximum amount that will be payable by the consumer to the licensee in relation to СКАЧАТЬ