National Consumer Credit Protection Act 2009

SCHEDULE 1 - NATIONAL CREDIT CODE  

Note:

See section 3 of the National Credit Act.

PART 5 - ENDING AND ENFORCING CREDIT CONTRACTS, MORTGAGES AND GUARANTEES  

Division 4 - Enforcement procedures for goods mortgaged  

101   Order for possession  

101(1)    
The court may, on the application of a credit provider that is entitled to take possession of mortgaged goods, order a person who has possession of the goods to deliver them to the credit provider at a specified time or place or within a specified period.

101(2)    
The court may, on the application of a credit provider or other person required to deliver goods to a credit provider, by order vary the place at which or time or period within which goods must be delivered to the credit provider.

101(3)    
A person who contravenes an order under this section commits an offence.

Criminal penalty: 30 penalty units.

101(4)    
Subsection (3) is an offence of strict liability.

Note:

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