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 6 - Mortgagor ' s remedies  

108   Mortgagor may apply to regain possession of mortgaged goods  

108(1)    
If a credit provider takes possession of mortgaged goods in contravention of Division 2 or Division 4, the court may, on the application of the mortgagor, order the credit provider, at the credit provider ' s expense, to return possession of the goods to the mortgagor.

108(2)    
An order may be made under subsection (1) even though the relevant default has not been remedied.

108(3)    
A person who contravenes an order under subsection (1) commits an offence.

Criminal penalty: 30 penalty units.

108(4)    
Subsection (3) is an offence of strict liability.

Note:

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