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 5 - Credit provider ' s obligation to account  

36   Statement of amount owing and other matters  

36(1)    
A credit provider must, at the request of a debtor or guarantor and within the time specified by this section, provide a statement of all or any of the following:

(a) the current balance of the debtor ' s account;

(b) any amounts credited or debited during a period specified in the request;

(c) any amounts currently overdue and the dates they became due;

(d) any amount currently payable and the date it becomes due.

Criminal penalty: 100 penalty units.

36(2)    
The statement must be given:

(a) within 14 days, if all information requested relates to a period 1 year or less before the request is given; or

(b) within 30 days, if any information requested relates to a period more than 1 year before the request is given.

36(3)    
A statement under this section may be given orally but if the request for the statement is made in writing the statement must be given in writing.

36(4)    
In the case of joint debtors or guarantors, the statement under this section need only be given to a debtor or guarantor who requests the statement and not, despite section 194, to each joint debtor or guarantor.

36(5)    
A credit provider is not required to provide a further written statement under this section if it has, within the 3 months before the request is given, given such a statement to the person requesting it.

36(6)    
Except where otherwise ordered by the court on the application of the debtor or guarantor, a credit provider is not required to provide information in a statement under this section about amounts credited or debited, or which were overdue or payable, more than 7 years before the request is given unless those amounts are currently overdue and payable.

36(7)    
Subsection (1) is an offence of strict liability.

Note:

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