National Consumer Credit Protection Act 2009

CHAPTER 3 - RESPONSIBLE LENDING CONDUCT  

PART 3-6 - DEBT COLLECTORS  

Division 2 - Credit guide of debt collectors  

SECTION 160   CREDIT GUIDE OF DEBT COLLECTORS  
Requirement to give credit guide

160(1)    

A person who is a licensee or credit representative must, as soon as practicable after it becomes authorised by a credit provider to collect, on the credit provider ' s behalf, repayments made by a debtor under a credit contract, give the debtor the person ' s credit guide in accordance with subsection (3).

Civil penalty: 5,000 penalty units.

160(2)    

A person who is a licensee or credit representative must, as soon as practicable after it becomes authorised by a lessor to collect, on the lessor ' s behalf, payments made by a lessee under a consumer lease, give the lessee the person ' s credit guide in accordance with subsection (3).

Civil penalty: 5,000 penalty units.

160(3)    
The person ' s credit guide must:

(a) be in writing; and

(b) be in the form (if any) prescribed by the regulations; and

(c) specify the person ' s name and contact details; and

(d) if the person is a licensee - specify the person ' s Australian credit licence number; and

(e) if the person is a credit representative - specify the person ' s credit representative number; and

(f) give information about the person ' s procedure for resolving disputes with a consumer, including contact details for a consumer to access:

(i) if the person is a licensee - the person ' s internal dispute resolution procedure; and

(ii) in all cases - the AFCA scheme; and

(g) comply with any other requirements prescribed by the regulations.

160(4)    
The regulations may prescribe information that need not be included in the credit guide, despite subsection (3).

Manner of giving credit guide

160(5)    
The person must give the consumer the person ' s credit guide in the manner (if any) prescribed by the regulations.

Strict liability offence

160(6)    
A person commits an offence if:

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

(b) the person engages in conduct; and

(c) the conduct contravenes the requirement.

Criminal penalty: 50 penalty units.

160(7)    
Subsection (6) is an offence of strict liability.

Note:

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