Commonwealth Consolidated Acts Commonwealth Consolidated Acts
In this Schedule:
amended Act means the National Consumer Credit Protection Act 2009 as amended by Part 2 of Schedule 1 to the National Consumer Credit Protection Amendment (Home Loans and Credit Cards) Act 2011 .
commencement means the commencement of Part 2 of Schedule 1 to the National Consumer Credit Protection Amendment (Home Loans and Credit Cards) Act 2011 .
2 Application of Divisions of Part 3 - 2B of the amended Act
(1) Division 4 of Part 3 - 2B of the amended Act applies to credit card contracts whether entered into before, on or after commencement.
(2) Divisions 5 and 6 of Part 3 - 2B of the amended Act apply to credit card contracts entered into after commencement.
3 Pre - commencement consents for credit limit increase invitations
(1) Subject to subitem (2), if:
(a) before commencement, a licensee who is the credit provider under a credit card contract obtained express consent, from the consumer who is the debtor under the contract, to the licensee making credit limit increase invitations; and
(b) the consent is expressed to relate to any credit limit increase invitations that the licensee may, from time to time, make to the consumer; and
(c) before obtaining the consumer's consent, the licensee informed the consumer of the matters mentioned in paragraphs 133BF(4)(a), (b) and (c) of the amended Act; and
(d) the consumer did not withdraw the consent before commencement;
then, for the purposes of Division 4 of Part 3 - 2B of the amended Act, the licensee is taken to have obtained the consent under, and in accordance with, section 133BF of the amended Act.
Note: The consumer may, after commencement, withdraw the consent in accordance with section 133BF of the amended Act.
(2) Section 133BG of the amended Act does not apply in relation to the consent, so far as that section would otherwise require a record of the consent to be kept. However that section does apply in relation to a withdrawal of the consent after commencement.