National Consumer Credit Protection Act 2009

SCHEDULE 1 - NATIONAL CREDIT CODE  

Note:

See section 3 of the National Credit Act.

PART 4 - CHANGES TO OBLIGATIONS UNDER CREDIT CONTRACTS, MORTGAGES AND GUARANTEES  

Division 1 - Unilateral changes by credit provider  

70   Prohibited increases in liabilities  

70(1)    
If the annual percentage rate under a credit contract is currently fixed for a specified term (including the whole term) of the contract, the contract cannot be changed unilaterally by a credit provider so as to increase, or change the method of calculation of a fee or charge so as to increase, a fee or charge:


(a) payable by the debtor on early termination of the credit contract; or


(b) payable on prepayment of an amount under the credit contract.

70(2)    
The regulations may prescribe circumstances in which such a change is permitted.


 

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