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 10 - Conduct relating to consumer leases  

179U   False or misleading representations  

179U(1)    

A person must not make a false or misleading representation:

(a) in relation to a matter that is material to entry into a consumer lease or a related transaction; or

(b) in attempting to induce another person to enter into a consumer lease or a related transaction.

Civil penalty: 5,000 penalty units.

179U(1A)    

A person commits an offence if:

(a) the person is subject to a requirement under subsection (1); and

(b) the person engages in conduct; and

(c) the conduct contravenes the requirement.

Criminal penalty: 50 penalty units.

179U(2)    

For the purposes of subsections (1) and (1A), it is a defence if a person charged proves that he or she reasonably believed that the representation was not false or misleading.

179U(3)    
A person who suffers loss as a result of a contravention of this section by another person may recover the amount of the loss from:

(a) that other person; or

(b) any other person involved in the contravention.