Commonwealth Consolidated Acts

NATIONAL CONSUMER CREDIT PROTECTION ACT 2009 - SECT 124B

Requirement

  (1)   If a licensee represents that the licensee provides, or is able to provide, credit assistance to consumers in relation to small amount credit contracts, the licensee must:

  (a)   display information; and

  (b)   give information to consumers;

in accordance with any determination made by ASIC under subsection   (2).

Civil penalty:   5,000 penalty units.

  (2)   ASIC may, by legislative instrument, determine one or more of the following matters relating to licensees that make representations described in subsection   (1):

  (a)   the information that the licensees must display;

  (b)   how the licensees must display the information;

  (c)   when the licensees must display the information;

  (d)   the information that the licensees must give to consumers;

  (e)   how the licensees must give the information to consumers;

  (f)   when the licensees must give the information to consumers.

  (3)   In making the determination under subsection   (2), ASIC must take into account the risks associated with small amount credit contracts and the alternatives that may be available to consumers.

Offence

  (4)   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.