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 5 - Lessor ' s obligation to account  

Subdivision A - Ongoing statements of account  

175E   Statement of amount owing and other matters  

175E(1)    
A lessor must, at the request of a lessee and within the time specified by this section, provide a statement of all or any of the following:


(a) any amounts credited to the lessee ' s account during a period specified in the request;


(b) any amounts currently overdue and the date they became due;


(c) any amount currently payable and the date it becomes due;


(d) any other information prescribed by the regulations.

Criminal penalty: 100 penalty units.


175E(2)    
The statement must be given:


(a) within 14 days, if all information requested relates to a period 1 year or less before the request is given; or


(b) within 30 days, if any information requested relates to a period more than 1 year before the request is given.

175E(3)    
A statement under this section may be given orally but if the request for the statement is made in writing the statement must be given in writing.

175E(4)    
In the case of joint lessees, the statement under this section need only be given to a lessee who requests the statement and not, despite section 194, to each joint lessee.

175E(5)    
A lessor is not required to provide a further written statement under this section if it has, within the 3 months before the request is given, given such a statement to the person requesting it.

175E(6)    
Subsection (1) is an offence of strict liability.

Note:

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





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