National Consumer Credit Protection Act 2009

SCHEDULE 1 - NATIONAL CREDIT CODE  

Note:

See section 3 of the National Credit Act.

PART 11 - CONSUMER LEASES  

Division 4 - Fees and charges  

175B   Fees or charges in relation to third parties  

When this section applies

175B(1)    
This section applies if a fee or charge is payable by a lessee to the lessor for an amount (the third party amount ) payable or paid by the lessor to another person, body or agency.

Third party amount ascertainable at time of lessee payment

175B(2)    
If, when the fee or charge is paid by the lessee to the lessor, the third party amount is ascertainable, then the amount of the fee or charge must not exceed the third party amount.

Third party amount not ascertainable at time of lessee payment

175B(3)    
If:

(a) when the fee or charge is paid by the lessee to the lessor, the third party amount is not ascertainable; and

(b) after the fee or charge is paid, the lessor ascertains the third party amount; and

(c) the third party amount is less than the amount of the fee or charge paid;

then the lessor must refund or credit the difference to the lessee.

Determining third party amount

175B(4)    
The third party amount is to be determined by:

(a) taking into account any discount, rebate or other allowance that is received or receivable by the lessor or a related body corporate (within the meaning of the Corporations Act 2001 ); and

(b) disregarding any rebate on tax payable by the lessor or a related body corporate (within the meaning of that Act).