National Consumer Credit Protection Act 2009

SCHEDULE 1 - NATIONAL CREDIT CODE  

Note:

See section 3 of the National Credit Act.

PART 9 - ADVERTISING AND RELATED CONDUCT  

150   Advertising  
General principle

150(1)    
A person must not publish, or cause to be published, an advertisement that states or implies that credit is available unless the advertisement complies with:

(a) this section; and

(b) if, under Part 10 , the comparison rate is included or required to be included - Division 2 of that Part.

Criminal penalty: 100 penalty units.

Regulations

150(2)    
The advertisement must not contain a statement of a kind prohibited by the regulations. It must contain any statement required by the regulations.

Annual percentage rate

150(3)    
The advertisement need not contain an annual percentage rate, but must do so if the advertisement states the amount of any repayment. If the advertisement contains an annual percentage rate and credit fees and charges are payable, the advertisement must:

(a) state that fees and charges are payable; or

(b) specify the amount of the fees and charges payable; or

(c) specify the amount of some of the fees and charges payable and state that other fees and charges are payable.

150(3A)    

Subsection (3) does not apply if the credit would, if provided as advertised, be provided under a small amount credit contract.

Civil effect

150(4)    
A person who suffers loss as a result of a contravention by another person of this section may recover the amount of the loss against that other person or any other person involved in the contravention.