National Consumer Credit Protection Act 2009
(a) proceedings for a contravention of a civil penalty provision are brought against a person; and
(b) in the proceedings it appears to the court that the person has, or may have, contravened a civil penalty provision but that:
(i) the person has acted honestly; and
(ii) having regard to all the circumstances of the case, the person ought fairly to be excused for the contravention;
the court may relieve the person either wholly or partly from a liability to which the person would otherwise be subject, or that might otherwise be imposed on the person, because of the contravention.
183(2) [ When a person may apply to court for relief]If a person considers that proceedings for a contravention of a civil penalty provision will or may be brought against the person, the person may apply to the court for relief.
183(3) [ Relief following application in subsection (2)]On an application under subsection (2), the court may grant relief under subsection (1) as if the proceedings had been begun in the court.
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