National Consumer Credit Protection Act 2009

SCHEDULE 1 - NATIONAL CREDIT CODE  

Note:

See section 3 of the National Credit Act.

PART 6 - PENALTIES FOR DEFAULTS OF CREDIT PROVIDERS AND LESSORS  

Division 2 - Other penalties  

124   Civil effect of contraventions  

124(1)    

If a credit provider or lessor contravenes a requirement of or made under this Code, the court may order the credit provider or lessor to make restitution or pay compensation to any person affected by the contravention and, in that event, may make any consequential order it considers appropriate in the circumstances.

124(2)    

An application for the exercise of the court ' s powers under this section may be made by:

(a) a person affected by the contravention; or

(b) ASIC on behalf of a person affected by the contravention, if the person has consented in writing to ASIC making the application; or

(c) ASIC (on its own behalf).