Commonwealth Consolidated Acts

NATIONAL CONSUMER CREDIT PROTECTION ACT 2009 - SECT 183

  (1)   If:

  (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.

  (2)   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.

  (3)   On an application under subsection   (2), the court may grant relief under subsection   (1) as if the proceedings had been begun in the court.