National Consumer Credit Protection Act 2009

SCHEDULE 1 - NATIONAL CREDIT CODE  

Note:

See section 3 of the National Credit Act.

PART 2 - CREDIT CONTRACTS  

Division 2 - Debtor ' s monetary obligations  

24   Offences related to prohibited monetary obligations - credit providers  

24(1)    

A credit provider must not:

(a) enter into a credit contract on terms imposing a monetary liability prohibited by subsection 23(1); or

(b) require or accept payment of an amount in respect of a monetary liability that cannot be imposed consistently with this Code.

Civil penalty: 5,000 penalty units.

24(1A)    

A credit provider must not:

(a) enter into a small amount credit contract on terms imposing a monetary liability prohibited by subsection 23A(1); or

(b) require or accept payment of an amount in respect of a monetary liability that cannot be imposed consistently with this Code.

Civil penalty: 5,000 penalty units.

Offence

24(2)    

A person commits an offence of strict liability if:

(a) the person is subject to a requirement under subsection (1) or (1A); and

(b) the person engages in conduct; and

(c) the conduct contravenes the requirement.

Criminal penalty: 100 penalty units.