National Consumer Credit Protection Act 2009

SCHEDULE 1 - NATIONAL CREDIT CODE  

Note:

See section 3 of the National Credit Act.

PART 11 - CONSUMER LEASES  

Division 1 - Interpretation and application  

171   Consumer leases to which this Part does not apply  
Short term or indefinite leases or indefinite

171(1)    

This Part does not apply to a consumer lease for a fixed period of 4 months or less.

Leases for an indefinite period

171(1A)    

This Part does not apply to a consumer lease for an indefinite period unless:

(a)    the lessor is a constitutional corporation at the time that the lease is entered into; or

(b)    the lease was entered into in the course of constitutional trade and commerce; or

(c)    the lease was entered into using postal, telegraphic, telephonic or other like services (within the meaning of paragraph 51(v) of the Constitution).

Employment-related leases

171(2)    
This Part does not apply to a consumer lease under which goods are hired by an employee in connection with the employee ' s remuneration or other employment benefits.

Regulations may exclude leases

171(3)    
The regulations may exclude from the application of this Part consumer leases of a class specified in the regulations.

ASIC may exclude leases

171(4)    
ASIC may exclude, from the application of this Part, a consumer lease specified by ASIC.

171(5)    
An exemption under subsection (4) is not a legislative instrument.

171(6)    
ASIC may, by legislative instrument, exclude from the application of this Part, consumer leases of a class specified in the instrument.