National Consumer Credit Protection Act 2009

SCHEDULE 1 - NATIONAL CREDIT CODE  

Note:

See section 3 of the National Credit Act.

PART 6 - PENALTIES FOR DEFAULTS OF CREDIT PROVIDERS AND LESSORS  

Division 1 - Penalties for breach of key disclosure and other requirements  

121   Directions pending court ' s decision  

121(1)    

The court may, before disposing of an application by a debtor, lessee or guarantor for an order under this Division, make such directions as it considers appropriate to protect the interests of the debtor, lessee or guarantor concerned.

121(2)    
Subject to any such directions of the court, the application does not prevent:

(a)    

any proceedings for the enforcement of the debtor ' s obligations (or the obligations of a guarantor), or the lessee ' s obligations, from being taken; or

(b)    any rights over property the subject of a mortgage from being exercised.

121(3)    
For the purposes of this section, a reference to the disposal of an application includes a reference to its withdrawal by the applicant.

121(4)    

A credit provider or lessor affected by a direction of the court may apply to the court for variation of the direction. The court may, on such an application being made, vary or revoke the direction or refuse to vary or revoke the direction.