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 8 - Repossession, termination and enforcement of consumer leases  

Subdivision A - Repossession of goods under consumer lease  

178   Notice of repossession  

178(1)    
A lessor must not exercise any right under a consumer lease to take possession of goods subject to the lease unless the lessor has given the lessee 30 days ' written notice of the lessor ' s intention to do so.

Criminal penalty: 50 penalty units.

178(2)    
However, the lessor is not required to give the notice in accordance with this section if:

(a) the right arises under a lease granted for a fixed term at the end of that term; or

(b) the lessor believes on reasonable grounds that the lessee has disposed of goods hired under the lease, or intends to dispose of such goods, contrary to the terms of the lease; or

(c) the lessor has made reasonable attempts to locate the lessee but without success; or

(d) the lessee is insolvent; or

(e) the court authorises the lessor to do so.

178(3)    
Subsection (1) is an offence of strict liability.

Note:

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