National Consumer Credit Protection Act 2009

SCHEDULE 1 - NATIONAL CREDIT CODE  

Note:

See section 3 of the National Credit Act.

PART 5 - ENDING AND ENFORCING CREDIT CONTRACTS, MORTGAGES AND GUARANTEES  

Division 4 - Enforcement procedures for goods mortgaged  

98   Information as to location of mortgaged goods  

98(1)    

A credit provider may, by written notice to a mortgagor under a goods mortgage, require the mortgagor to inform the credit provider, within 7 days after the day the notice is given to the mortgagor, where the mortgaged goods are and, if the mortgaged goods are not in the mortgagor ' s possession, to give the credit provider all information in the mortgagor ' s possession that might assist the credit provider to trace the goods.

98(2)    
A mortgagor who contravenes a notice under this section commits an offence.

Criminal penalty: 50 penalty units.

98(3)    
Subsection (2) is an offence of strict liability.

Note:

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