Commonwealth Consolidated Acts

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NATIONAL CONSUMER CREDIT PROTECTION ACT 2009 - SECT 288M

Payment period

Usual payment period

  (1)   The payment period for an infringement notice begins on the day after the notice is given and, unless otherwise specified in this section, continues for 28 days.

Payment period extended under section   288N

  (2)   If, under section   288N, ASIC extends the payment period for the notice, the payment period is as extended.

  (3)   If ASIC refuses an application under subsection   288N(1) for an extension of the payment period for the notice, the payment period ends on the latest of the following days:

  (a)   the last day of the period that, without the extension that has been refused, would be the payment period for the notice;

  (b)   the day that is 7 days after the day the applicant was given notice of ASIC's decision not to extend;

  (c)   the day that is 7 days after the day the application is taken to have been refused under subsection   288N(4).

Instalments

  (4)   If, under section   288P, ASIC makes an arrangement for the amount payable under the notice to be paid by instalments, the payment period ends on the earlier of the following days:

  (a)   the last day on which an instalment is to be paid under the arrangement;

  (b)   if the person fails to pay an instalment in accordance with the arrangement, the last day on which the missed instalment was to be paid.

  (5)   If ASIC refuses an application made under subsection   288P(1) to make an arrangement for the amount payable under the notice to be paid by instalments, the payment period ends on the latest of the following days:

  (a)   the last day of the period that, without the instalment arrangement, would be the payment period for the notice;

  (b)   the day that is 7 days after the day the applicant was given notice of ASIC's decision not to make the arrangement;

  (c)   the day that is 7 days after the day the application is taken to have been refused under subsection   288P(4).

Payment period if ASIC refuses to withdraw infringement notice

  (6)   If ASIC refuses a representation made under subsection   288Q(1) for the notice to be withdrawn, the payment period ends on the latest of the following days:

  (a)   the last day of the period that, without the withdrawal, would be the payment period for the notice;

  (b)   the day that is 7 days after the day the person was given notice of ASIC's decision not to withdraw the notice;

  (c)   the day that is 7 days after the day on which, under subsection   288Q(5), ASIC is taken to have refused to withdraw the infringement notice.


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