Commonwealth Consolidated Acts

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NATIONAL CONSUMER CREDIT PROTECTION ACT 2009 - SECT 133BD

Credit provider not to enter into credit card contract unless Key Facts Sheet has been provided etc.

Requirement

  (1)   If a consumer applies to a licensee for a credit card contract under which the licensee would be the credit provider, the licensee must not enter into, or offer to enter into, the contract unless:

  (a)   the application is made using an application form that includes a Key Facts Sheet for the contract that contains up - to - date information; or

  (b)   the following conditions are satisfied:

  (i)   the application is made using an application form that includes a Key Facts Sheet for the contract that contains information that has ceased to be up - to - date;

  (ii)   the consumer has been provided with the up - to - date information in accordance with any requirements prescribed by the regulations; or

  (c)   the consumer has otherwise been provided with a Key Facts Sheet for the contract that contains up - to - date information in accordance with any requirements prescribed by the regulations.

Civil penalty:   5,000 penalty units.

Offence

  (2)   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:   100 penalty units.



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