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  

109   Order for possession for mortgagor  

109(1)    
The court may, when making an order under subsection 108(1), order a person who has possession of the goods to deliver them to the mortgagor at a specified time or place or within a specified period.

109(2)    
If the person is not the credit provider, the court may also order the credit provider to pay the person ' s costs of delivering the goods to the mortgagor.

109(3)    
The court may, on the application of a mortgagor or other person required to deliver goods to a mortgagor, by order vary the place at which or time or period within which goods must be delivered to the mortgagor.

109(4)    
A person who contravenes an order under this section commits an offence.

Criminal penalty: 30 penalty units.

109(5)    
Subsection (4) is an offence of strict liability.

Note:

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