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  

179VA   Canvassing of consumer leases for household goods  

Requirement

179VA(1)    
A lessor must not make, or arrange for the making of, an unsolicited communication to consumer if:

(a)    the communication is for the purpose of inducing the consumer to apply for, or obtain, a consumer lease for household goods; and

(b)    when the consumer receives the communication, the consumer is in the physical presence of the lessor or the person making the communication; and

(c)    when the consumer receives the communication, the consumer is in:

(i) a public place; or

(ii) a place that is not a business premises of a business of the lessor; or

(iii) a stall that is being used by the lessor or by the person making the communication; or

(iv) an aircraft, vehicle or vessel that is being used by the lessor or by the person making the communication.

Offence

179VA(2)    
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: 100 penalty units.

Strict liability offence

179VA(3)    
A person commits an offence of strict liability if the person contravenes subsection (1) .

Criminal penalty: 10 penalty units.

Loss of certain amounts

179VA(4)    
If:

(a)    a lessor makes, or arranges for the making of, an unsolicited communication to a consumer in contravention of subsection (1) ; and

(b)    the lessor enters into a consumer lease for household goods with that consumer within 30 days after that unsolicited communication is made;

then:

(c)    the consumer is not liable (and is taken never to have been liable) to pay any amount under that consumer lease that exceeds the base price of the goods hired under that consumer lease (whether or not the liability is imposed consistently with the National Credit Code); and

(d)    the consumer may recover as a debt due to the consumer any amounts paid by the consumer that, in accordance with paragraph (c) of this subsection, the consumer is not liable to pay (or is taken never to have been liable to pay).