National Consumer Credit Protection Act 2009

CHAPTER 7 - MISCELLANEOUS  

PART 7-1 - MISCELLANEOUS  

Division 1A - Avoidance schemes  

SECTION 323B   WHETHER IT IS REASONABLE TO DRAW CONCLUSION AS TO PURPOSE  

Avoidance purposes relating to contracts

323B(1)    
Regard must be had to the following matters in determining, for the purposes of section 323A , whether it would be reasonable to conclude that a purpose of a person (the first person ) entering into or carrying out (to any extent) a scheme was an avoidance purpose relating to a contract:

(a)    whether the scheme or the contract was, is or would be:

(i) a means of providing a consumer with credit in a manner more complex, or more costly to the consumer, than a small amount credit contract would have been; or

(ii) a means of providing a consumer with financial accommodation equivalent to providing the consumer with credit in a manner more complex, or more costly to the consumer, than a small amount credit contract would have been; or

(iii) a means of enabling a consumer to have the use of goods in a manner more complex, or more costly to the consumer, than a consumer lease would have been;

(b)    whether representations were made (by the first person or anyone else, and whether in an advertisement or otherwise) about the scheme or the contract, or about schemes or contracts of that kind, that:

(i) were similar to representations made (by the first person or anyone else, and whether in an advertisement or otherwise) about small amount credit contracts or consumer leases; or

(ii) were made to persons in a group similar to a group of persons to whom representations about small amount credit contracts or consumer leases were made (by the first person or anyone else, and whether in an advertisement or otherwise);

(c)    any matters prescribed by the regulations.

323B(2)    
Subsection (1) does not limit the matters to which regard may be had in making a determination described in that subsection.

Avoidance purposes relating to product intervention orders

323B(3)    
In determining, for the purposes of section 323A , whether it would be reasonable to conclude that a purpose of a person entering into or carrying out (to any extent) a scheme was a purpose referred to in paragraph 323A(2)(e) , regard must be had to any matters prescribed by the regulations.

323B(4)    
Subsection (3) does not limit the matters to which regard may be had in making a determination described in that subsection.