National Consumer Credit Protection Act 2009

SCHEDULE 1 - NATIONAL CREDIT CODE  

Note:

See section 3 of the National Credit Act.

PART 12 - MISCELLANEOUS  

Division 3 - General provisions  

191   Contracting out  

191(1)    
A provision of a contract or other instrument by which a person seeks to avoid or modify the effect of this Code is void.

191(2)    
A provision of a contract or other instrument by which a person seeks to have the debtor, mortgagor or guarantor indemnify the credit provider for any loss or liability arising under this Code is void.

191(3)    
A credit provider that is a party to any such contract or other instrument commits an offence.

Criminal penalty: 100 penalty units.

191(4)    
Subsection (3) is an offence of strict liability.

Note:

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

191(5)    
Subsection (2) does not affect the operation of subsection 60(2).