National Consumer Credit Protection Act 2009

CHAPTER 3 - RESPONSIBLE LENDING CONDUCT  

PART 3-2 - LICENSEES THAT ARE CREDIT PROVIDERS UNDER CREDIT CONTRACTS: GENERAL RULES  

Division 3 - Obligation to assess unsuitability  

SECTION 132   GIVING THE CONSUMER THE ASSESSMENT  
Requirement to give assessment if requested

132(1)    

If, before entering the credit contract or increasing the credit limit, the consumer requests the licensee for a copy of the assessment, the licensee must give the consumer a written copy of the assessment before entering the contract or increasing the credit limit.

Note:

The licensee is not required to give the consumer a copy of the assessment if the contract is not entered or the credit limit is not increased.

Civil penalty: 5,000 penalty units.

132(2)    
If, during the period that:

(a) starts on the day (the credit day ) the credit contract is entered or the credit limit is increased; and

(b) ends 7 years after that day;

the consumer requests the licensee for a copy of the assessment, the licensee must give the consumer a written copy of the assessment:

(c) if the request is made within 2 years of the credit day - before the end of 7 business days after the day the licensee receives the request; and

(d) otherwise - before the end of 21 business days after the day the licensee receives the request.

Civil penalty: 5,000 penalty units.

Manner of giving assessment

132(3)    
The licensee must give the consumer the copy of the assessment in the manner (if any) prescribed by the regulations.

No payment for assessment

132(4)    

The licensee must not request or demand payment of an amount for giving the consumer a copy of the assessment.

Civil penalty: 5,000 penalty units.

Strict liability offence

132(5)    
A person commits an offence if:

(a) the person is subject to a requirement under subsection (1), (2) or (4); and

(b) the person engages in conduct; and

(c) the conduct contravenes the requirement.

Criminal penalty: 50 penalty units.

132(6)    
Subsection (5) is an offence of strict liability.

Note:

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