National Consumer Credit Protection Act 2009
Note:
See section 3 of the National Credit Act.
PART 12 - MISCELLANEOUS Division 2 - Documentary provisions 185 Copies of contracts and other documents 185(1)A credit provider must in accordance with this section, at the written request of a debtor, mortgagor or guarantor, provide to the debtor, mortgagor or guarantor a copy of:
(a) the credit contract, mortgage or guarantee; or
(b) any credit-related insurance contract in the credit provider ' s possession; or
(c) a notice previously given to the debtor, mortgagor or guarantor under this Code.
Criminal penalty: 30 penalty units.
185(2)
The copy must be provided:
(a) within 14 days, if the original came into existence one year or less before the request is given; or
(b) within 30 days, if the original came into existence more than one year before the request is given.
Note:
Section 196 provides for the date on which notice is taken to be given.
185(3)
A credit provider must provide a copy of a notice which requires a debtor, mortgagor or guarantor to take action if requested in accordance with subsection (1) even though the contract has been discharged or terminated but only if the request is made within 2 years of the discharge or termination.
Criminal penalty: 30 penalty units.
185(4)
Subsections (1) and (3) are offences of strict liability.
Note:
For strict liability, see section 6.1 of the Criminal Code .
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