National Consumer Credit Protection Act 2009

SCHEDULE 1 - NATIONAL CREDIT CODE  

Note:

See section 3 of the National Credit Act.

PART 12 - MISCELLANEOUS  

Division 2 - Documentary provisions  

185   Copies of contracts and other documents  

185(1)    
A credit provider must in accordance with this section, at the written request of a debtor, mortgagor or guarantor, provide to the debtor, mortgagor or guarantor a copy of:

(a) the credit contract, mortgage or guarantee; or

(b) any credit-related insurance contract in the credit provider ' s possession; or

(c) a notice previously given to the debtor, mortgagor or guarantor under this Code.

Criminal penalty: 30 penalty units.

185(2)    
The copy must be provided:

(a) within 14 days, if the original came into existence one year or less before the request is given; or

(b) within 30 days, if the original came into existence more than one year before the request is given.

Note:

Section 196 provides for the date on which notice is taken to be given.

185(3)    
A credit provider must provide a copy of a notice which requires a debtor, mortgagor or guarantor to take action if requested in accordance with subsection (1) even though the contract has been discharged or terminated but only if the request is made within 2 years of the discharge or termination.

Criminal penalty: 30 penalty units.

185(4)    
Subsections (1) and (3) are offences of strict liability.

Note:

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