National Consumer Credit Protection Act 2009
A provision of a contract or other instrument by which a person seeks to avoid or modify the effect of this Act (other than the National Credit Code) is void.
Note:
A similar rule applies for the purposes of the National Credit Code (see section 191 of that Code).
334(2) [ Other circumstances when provision of contract or other instrument void]A provision of a contract or other instrument by which a person seeks to have:
(a) a debtor indemnify a credit provider; or
(b) a mortgagor indemnify a mortgagee; or
(c) a guarantor indemnify a beneficiary of a guarantee; or
(d) a lessee indemnify a lessor;
for any loss or liability arising under this Act (other than the National Credit Code) is void.
Note:
A similar rule applies for the purposes of the National Credit Code (see section 191 of that Code).
334(3) [ Commission of offence]A person commits an offence if:
(a) the person is a credit provider, mortgagee, beneficiary of a guarantee or lessor; and
(b) the person is a party to a contract or other instrument; and
(c) the contract or other instrument is void under subsection (1) or (2).
Criminal penalty: 100 penalty units.
334(4) [ Strict liability]Subsection (3) is an offence of strict liability:
Note:
For strict liability, see section 6.1 of the Criminal Code .
334(5) [ Other legislation]Subsection (2) does not affect the operation of subsection 60(2) of the National Credit Code.
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