National Consumer Credit Protection Act 2009

CHAPTER 3 - RESPONSIBLE LENDING CONDUCT  

PART 3-1 - LICENSEES THAT PROVIDE CREDIT ASSISTANCE IN RELATION TO CREDIT CONTRACTS  

Division 4 - Obligations of credit assistance providers before providing credit assistance for credit contracts  

SECTION 120   PROVIDING THE CONSUMER WITH THE PRELIMINARY ASSESSMENT  
Requirement to give assessment if requested

120(1)    
If the consumer requests the licensee for a copy of the preliminary assessment within 7 years of the date of the credit assistance quote under section 114, the licensee must give the consumer a written copy of the assessment:

(a) if the request is made within 2 years of the quote - before the end of 7 business days after the day the licensee receives the request; and

(b) otherwise - before the end of 21 business days after the day the licensee receives the request.

Note:

The licensee is not required to give the consumer a copy of the preliminary assessment if the licensee does not provide credit assistance to the consumer.

Civil penalty: 5,000 penalty units.

Manner of giving assessment

120(2)    
The licensee must give the consumer the copy of the assessment in the manner (if any) prescribed by the regulations.

No payment for assessment

120(3)    

The licensee must not request or demand payment of an amount for giving the consumer a copy of the preliminary assessment.

Civil penalty: 5,000 penalty units.

Strict liability offence

120(4)    
A person commits an offence if:

(a) the person is subject to a requirement under subsection (1) or (3); and

(b) the person engages in conduct; and

(c) the conduct contravenes the requirement.

Criminal penalty: 50 penalty units.

120(5)    
Subsection (4) is an offence of strict liability.

Note:

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