National Consumer Credit Protection Act 2009
SCHEDULE 1
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NATIONAL CREDIT CODE
If a sale contract is rescinded or discharged (whether under this Code or any other law) and there is a tied loan contract or a tied continuing credit contract made with the purchaser by a linked credit provider of the supplier under the sale contract, the debtor is entitled:
(a) in the case of a tied loan contract - to terminate the credit contract; or
(b) in the case of a tied continuing credit contract - to be credited with the amount of credit in relation to the sale contract and the interest charges attributable to that amount.
135(2)
If a tied loan contract is terminated under this section, any related guarantee or mortgage is terminated to the extent to which it secures obligations under the contract or any related guarantee.
135(3)
If a tied loan contract is terminated under this section, the credit provider is entitled to recover from the debtor any part of the amount of credit that has not been paid to the supplier and the debtor is entitled to recover from the credit provider any interest charges or other amounts paid by the debtor under the credit contract.
135(4)
If a mortgage or guarantee is terminated under this section, the credit provider is entitled to recover from the mortgagor or guarantor any part of the amount of credit that has not been paid to the supplier and that is secured by the mortgage or guarantee, and the mortgagor or guarantor is entitled to recover from the credit provider any other amounts paid by the mortgagor or guarantor.
135(5)
If a tied loan contract is terminated under this section, the credit provider is entitled to recover from the supplier (subject to any agreement between them) the amount of any loss suffered by the credit provider as a result of the operation of this section.
135(6)
A supplier who knows that a sale contract referred to in subsection (1) has been rescinded or discharged must forthwith give the credit provider under any tied loan contract or tied continuing credit contract notice of the termination.
135(7)
This section does not apply if the credit is provided as a result of an approach by the debtor that was not induced by the supplier or credit provider.
135(8)
This section applies:
(a) to the exercise by a purchaser of a right under this Code or any other law to rescind or discharge a sale contract; and
(b) to a tied loan contract or a tied continuing credit contract, but only if the sale contract was the principal purpose for which the credit was provided.
Note:
See section 3 of the National Credit Act.
PART 7 - RELATED SALE CONTRACTS Division 4 - Termination of related transactions 135 Termination of (or recredit under) tied credit contract if sale contract terminated 135(1)If a sale contract is rescinded or discharged (whether under this Code or any other law) and there is a tied loan contract or a tied continuing credit contract made with the purchaser by a linked credit provider of the supplier under the sale contract, the debtor is entitled:
(a) in the case of a tied loan contract - to terminate the credit contract; or
(b) in the case of a tied continuing credit contract - to be credited with the amount of credit in relation to the sale contract and the interest charges attributable to that amount.
135(2)
If a tied loan contract is terminated under this section, any related guarantee or mortgage is terminated to the extent to which it secures obligations under the contract or any related guarantee.
135(3)
If a tied loan contract is terminated under this section, the credit provider is entitled to recover from the debtor any part of the amount of credit that has not been paid to the supplier and the debtor is entitled to recover from the credit provider any interest charges or other amounts paid by the debtor under the credit contract.
135(4)
If a mortgage or guarantee is terminated under this section, the credit provider is entitled to recover from the mortgagor or guarantor any part of the amount of credit that has not been paid to the supplier and that is secured by the mortgage or guarantee, and the mortgagor or guarantor is entitled to recover from the credit provider any other amounts paid by the mortgagor or guarantor.
135(5)
If a tied loan contract is terminated under this section, the credit provider is entitled to recover from the supplier (subject to any agreement between them) the amount of any loss suffered by the credit provider as a result of the operation of this section.
135(6)
A supplier who knows that a sale contract referred to in subsection (1) has been rescinded or discharged must forthwith give the credit provider under any tied loan contract or tied continuing credit contract notice of the termination.
Criminal penalty: 50 penalty units.
135(7)
This section does not apply if the credit is provided as a result of an approach by the debtor that was not induced by the supplier or credit provider.
135(8)
This section applies:
(a) to the exercise by a purchaser of a right under this Code or any other law to rescind or discharge a sale contract; and
(b) to a tied loan contract or a tied continuing credit contract, but only if the sale contract was the principal purpose for which the credit was provided.
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