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  

194   Giving notice or other document  
Application

194(1)    
This section applies as follows:

(a) this section applies (subject to this subsection) to notices or other documents that are required to be given for the purposes of this Code;

(b) this subsection and subsections (3) and (7) apply, but the remainder of this section does not apply, to precontractual statements and notices given under section 16;

(c) subsections (4), (5) and (6) do not apply to default notices;

(d) this section applies despite the provisions of any other section of this Code (except subsections 36(4) and 83(4)) to the contrary.

Note:

Examples of notices or other documents to which this section applies are those required to be given under sections 20, 33, 36, 43, 56, 57 and 83.

Unsuccessful attempts by credit provider

194(2)    
A credit provider is relieved from the obligation to give a notice or other document to a person if:

(a) the credit provider has previously made a reasonable (but unsuccessful) attempt to give a notice or other document in accordance with this Code by leaving it at, or by sending it by post or electronic communication to the appropriate address of the person under section 195; and

(b) the credit provider has reasonable grounds for believing that the person can no longer be contacted at that address.

Joint debtors etc. - general obligation

194(3)    
In the case of joint debtors, mortgagors or guarantors, a notice or other document must be given to each debtor, mortgagor or guarantor, except as provided by this section.

Joint debtors etc. - nomination of one of them

194(4)    
A notice or other document may be given to any 2 or more joint debtors, mortgagors or guarantors by being given to one of the joint debtors, mortgagors or guarantors nominated by them to receive the notice or other document on their behalf. The notice or other document need not be addressed to all of them.

Joint debtors etc. - same address

194(5)    
A single copy of a notice or other document may be given to any 2 or more joint debtors, mortgagors or guarantors at the same address if each of them has consented to a single copy being given and the notice or other document is addressed jointly to them. The procedure prescribed by this subsection is an alternative to the procedure prescribed by subsection (4).

Nominated persons generally

194(6)    
A notice or other document may be given to a person by being given to any other person nominated by the person to receive the notice or other document on his or her behalf. However -

(a) a debtor, mortgagor or guarantor cannot nominate the credit provider or a person associated with the credit provider; and

(b) a mortgagor cannot nominate the debtor if the mortgage is given by a guarantor; and

(c) a guarantor cannot nominate the debtor.

Lawyers

194(7)    
A notice or other document may be given to a person by being given to a lawyer acting for the person in the matter concerned.

Withdrawal of nomination or consent

194(8)    
A nomination or consent under this section ceases to have effect if it is withdrawn by the person who made or gave it.

Form of nomination or consent

194(9)    
A nomination or consent under this section (or the withdrawal of any such nomination or consent) must be in the form required by the regulations.