National Consumer Credit Protection Act 2009
View history note
Hide history noteRequirement
133BE(1)
A licensee who is the credit provider under a credit card contract must not make a credit limit increase invitation in relation to the contract.
Civil penalty: 5,000 penalty units.
Note:
For other provisions that must be complied with in relation to increasing credit limits, see:
Offence
133BE(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
133BE(3)
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: 20 penalty units.
133BE(4)
Subsection (3) is an offence of strict liability.
Note:
For strict liability, see section 6.1 of the Criminal Code .
Meaning of credit limit increase invitation
133BE(5)
A licensee makes a credit limit increase invitation , in relation to a credit card contract, if:
(a) the licensee gives any form of communication that relates to the contract to the consumer who is the debtor under the contract; and
(b) one or more of the following conditions is satisfied in relation to the communication:
(i) the communication offers to increase the credit limit of the contract;
(ii) the communication invites the consumer to apply for an increase of the credit limit of the contract;
(iii) the licensee gave the communication to the consumer for the purpose (or for purposes including the purpose) of encouraging the consumer to consider applying for an increase of the credit limit of the contract.
133BE(6)
The regulations may make provisions that apply to determining whether a communication is covered by the definition in subsection (5).
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.
