National Consumer Credit Protection Act 2009
View history note
Hide history noteFor the purpose of applying subsection 133AD(2) or (3) to a failure by a licensee to provide a consumer with a Key Facts Sheet (the new Key Facts Sheet ) for a standard home loan, it is a defence if:
(a) the following conditions are satisfied:
(i) the licensee has previously provided the consumer with a Key Facts Sheet (the previous Key Facts Sheet ) for the standard home loan;
(ii) the new Key Facts Sheet would be the same (except for its date) as the previous Key Facts Sheet; or
(b) the licensee reasonably believes that:
(i) another person has previously provided the consumer with a Key Facts Sheet (the previous Key Facts Sheet ) for the standard home loan; and
(ii) the new Key Facts Sheet would be the same (except for its date) as the previous Key Facts Sheet; or
(c) the licensee reasonably believes that the consumer would not be eligible for the standard home loan; or
(d) under regulations made for the purpose of subsection (2), the licensee is not required to provide the consumer with the new Key Facts Sheet.
Note:
For the purpose of subsection 133AD(3) , a defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code ).
133AF(2)
The regulations may prescribe circumstances in which a licensee is not required to provide a consumer with a Key Facts Sheet for a standard home loan.
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