National Consumer Credit Protection Act 2009

CHAPTER 3 - RESPONSIBLE LENDING CONDUCT  

PART 3-2B - LICENSEES THAT ARE CREDIT PROVIDERS UNDER CREDIT CONTRACTS: ADDITIONAL RULES RELATING TO CREDIT CARD CONTRACTS  

Division 8 - Ending credit card contracts  

SECTION 133BU   CREDIT PROVIDER TO PROVIDE ONLINE CAPACITY TO REQUEST TERMINATION OF CREDIT CARD CONTRACT  


When this section applies

133BU(1)    
This section applies if a consumer who is the debtor under a credit card contract has a credit card termination entitlement under the contract on a day (the online termination day ).

Requirement

133BU(2)    


The licensee who is the credit provider under the credit card contract must establish and maintain a website that satisfies all of the following paragraphs:


(a) the website tells the consumer that the consumer may use the website to request to terminate the credit card contract;


(b) the website:


(i) tells the consumer what information the consumer will need to enter in order to request to terminate the credit card contract; and

(ii) provides the consumer with instructions on how to request to terminate the credit card contract;


(c) if the consumer enters the information and follows those instructions, the consumer can use the website to request to terminate the credit card contract;


(d) the website is available on the online termination day.

Civil penalty: 5,000 penalty units.



Defence

133BU(3)    
For the purposes of subsection (2), it is a defence if the website is reasonably unavailable on the online termination day.




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