National Consumer Credit Protection Act 2009

SCHEDULE 1 - NATIONAL CREDIT CODE  

Note:

See section 3 of the National Credit Act.

PART 11 - CONSUMER LEASES  

Division 7 - Changes to obligations under consumer leases  

Subdivision B - Changes on grounds of hardship and unjust transactions  

177C   NOTICE OF CHANGE  

177C(1)    
A lessor that enters into an agreement with a lessee to change the consumer lease as a result of a hardship notice by the lessee must, not later than 30 days after the date of the agreement, give to the lessee a written notice setting out:

(a) particulars of the change in the terms of the lease; and

(b) any information required by the regulations.

Criminal penalty: 50 penalty units.

177C(1A)    

Subsection (1) does not apply if the lessor and the lessee agree to a change to the consumer lease that defers or otherwise reduces the obligations of the lessee under that lease for a period not exceeding 90 days.

177C(2)    
The lessor may, under subsection (1), give the lessee particulars only of a matter as changed instead of particulars of the change, but only if the lessor:

(a) makes it clear to the lessee that the matter has changed; or

(b) gives to the lessee a new set of terms and conditions relating to the lease.

177C(3)    
Subsection (1) is an offence of strict liability.

Note:

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