National Consumer Credit Protection Act 2009

SCHEDULE 1 - NATIONAL CREDIT CODE  

Note:

PART 11 - CONSUMER LEASES  

Division 1 - Interpretation and application  

170   Consumer leases to which this Part applies  

170(1)    
This Part applies to a consumer lease if, when the lease is entered into:

(a) the goods are hired wholly or predominantly for personal, domestic or household purposes; and

(b) a charge is or may be made for hiring the goods and the charge together with any other amount payable under the consumer lease exceeds the cash price of the goods; and

(c) the lessor hires the goods in the course of a business of hiring goods carried on in this jurisdiction or as part of or incidentally to any other business of the lessor carried on in this jurisdiction.

170(2)    
If this Part applies to a consumer lease:

(a) this Part applies to all transactions or acts under the lease whether or not they take place in this jurisdiction; and

(b) this Part continues to apply even though the lessee ceases to carry on a business in this jurisdiction.

170(3)    
For the purposes of this section, the amount payable under a consumer lease includes any agreed or residual value of the goods at the end of the lease or on termination of the lease by the lessor or lessee, but does not include:

(a) any amount payable for services that are incidental to the hire of the goods under the lease; or

(b) any amount that ceases to be payable on the termination of the contract following the exercise of a right of cancellation by the lessee at the earliest opportunity.

170(4)    
For the purposes of this section, the predominant purpose for which goods are hired is:

(a) the purpose for which more than one half of the goods are intended to be used; or

(b) if the same goods are intended to be used for different purposes, the purpose for which the goods are intended to be most used.