National Consumer Credit Protection Act 2009

CHAPTER 4 - REMEDIES  

PART 4-2 - POWER OF THE COURT TO GRANT REMEDIES  

Division 2 - Power of the court to grant remedies  

SECTION 183   RELIEF FROM LIABILITY FOR CONTRAVENTION OF CIVIL PENALTY PROVISION  

183(1)   [ Powers]  

If:

(a) proceedings for a contravention of a civil penalty provision are brought against a person; and

(b) in the proceedings it appears to the court that the person has, or may have, contravened a civil penalty provision but that:

(i) the person has acted honestly; and

(ii) having regard to all the circumstances of the case, the person ought fairly to be excused for the contravention;

the court may relieve the person either wholly or partly from a liability to which the person would otherwise be subject, or that might otherwise be imposed on the person, because of the contravention.

183(2)   [ When a person may apply to court for relief]  

If a person considers that proceedings for a contravention of a civil penalty provision will or may be brought against the person, the person may apply to the court for relief.

183(3)   [ Relief following application in subsection (2)]  

On an application under subsection (2), the court may grant relief under subsection (1) as if the proceedings had been begun in the court.