Commonwealth Numbered Regulations

NATIONAL CONSUMER CREDIT PROTECTION REGULATIONS 2010 (SLI NO 44 OF 2010)

TABLE OF PROVISIONS

   1.      Name of Regulations  
   2.      Commencement  
   3.      Definitions  
   4.      Meaning of associate  
   5.      Prescribed orders  
   6.      Forms  
   7.      How to get an Australian credit licence -- requirements for a foreign entity to appoint local agent  
   8.      How to get an Australian credit licence -- streamlined process for particular classes of applicants  
   9.      The conditions on the licence  
   10.     Obligations of licensees -- alternative dispute resolution systems  
   11.     Obligations of licensees -- foreign entity must continue to have local agent  
   12.     Obligations of licensees -- requirements for compensation arrangements  
   13.     Obligations of licensees -- offence in relation to failure to cite licence number in documents  
   14.     Obligations of licensees -- who compliance certificate must be signed by  
   15.     When a licence can be suspended, cancelled or varied -- grounds to suspend or cancel licence  
   16.     Sub-authorisation by body corporate  
   17.     Information and matters to be contained in a trust account audit report  
   18.     Eligibility of auditors to prepare trust account audit report  
   19.     Auditors who prepare audit reports  
   20.     Persons exempt from requiring a licence -- general  
   21.     Persons exempt from requiring a licence -- debt collectors  
   22.     Persons exempt from requiring a licence -- third parties  
   23.     Persons exempt from requiring a licence -- providers of point of sale credit services  
   24.     Activities exempt from being credit activities  
   25.     Activities exempt from requiring a licence  
   26.     Obligations of credit providers before entering credit contracts or increasing credit limits  
   27.     Giving the consumer an assessment -- extended time period  
   28.     Credit guide of credit representatives -- contact details for an approved external dispute resolution scheme  
   29.     Credit registers -- licensees, credit representatives and registered persons  
   30.     Credit registers -- persons against whom banning order or disqualification order is made  
   31.     Investigations -- distribution of report  
   32.     Examination of person -- form of notice requiring assistance and appearance for examination  
   33.     Inspection of books and audit information-gathering powers -- evidence of authority  
   34.     Hearings -- form of summons to appear before ASIC  
   35.     Miscellaneous provisions -- allowances and expenses  
   36.     Where proceedings may be brought  
   37.     Purpose of Part 6-2  
   38.     Definitions for Part 6-2  
   39.     When an infringement notice can be given  
   40.     Contents of infringement notice  
   41.     Amount of penalty if infringement notice given  
   42.     Extension of time to pay penalty  
   43.     Payment of penalty by instalments  
   44.     Time for payment of penalty  
   45.     Effect of payment of penalty  
   46.     Withdrawal of infringement notice by nominated person  
   47.     Withdrawal of infringement notice by ASIC  
   48.     Notice of withdrawal of infringement notice  
   49.     Refund of penalty  
   50.     Continued application of Part 12 of the Code and interpretation provisions  
   51.     Exempt credit -- maximum account charges  
   52.     Additional exempt credit  
   53.     GIO Finance Limited's No Interest Loan Scheme -- exemption from Code  
   54.     Rental Purchase Plan -- exemption from certain provisions of Code  
   55.     Partnership loans -- exemption from certain provisions of Code  
   56.     Student loans -- exemption from certain provisions of Code  
   57.     Loans for conservation of heritage items -- exemption from Code  
   58.     ADIs -- exemption from Code  
   59.     Estate administrators -- exemption from certain provisions of Code  
   60.     Credit under Aged Care Act 1997 -- exemption from certain provisions of Code  
   61.     Firefighter's Benefit Fund of WA Incorporated -- exemption from certain provisions of Code  
   62.     Charge card contracts -- exemption of certain contracts from Code  
   63.     Credit providers providing credit to directors -- exemption from certain provisions of Code  
   64.     Mortgages -- exemptions from Code  
   65.     Guarantees -- exemption from Code  
   66.     Deemed mortgages for goods lease with option to purchase  
   67.     Prescribed person in relation to a declaration  
   68.     Declaration of purposes for which credit provided  
   69.     Direct debit default notices -- exemption for credit providers  
   70.     Statement about debtor's statutory rights and obligations  
   71.     Comparison rate  
   72.     Pre-contractual statement  
   73.     Additional disclosures about insurance financed by contract  
   74.     Additional disclosures about credit contracts to be signed by debtor  
   75.     Deduction of amount for interest charges  
   76.     Calculation of unpaid daily balances  
   77.     Early debit or payment of interest charges  
   78.     Interest charges in relation to residential investment property  
   79.     When statement of account not required  
   80.     Mortgage arising from certain home ownership schemes -- exemption from subsection 50 (1) of the Code  
   81.     Form of guarantees  
   82.     Explanation about guarantor's rights and obligations  
   83.     Information about increases in the amount of credit  
   84.     Information after surrender of goods  
   85.     Notice after direct debit default occurs  
   86.     Notice after default occurs  
   87.     Consent to enter premises  
   88.     Statement about mortgagor's rights and obligations  
   89.     Information about proceeds of sale of mortgaged goods  
   90.     Rate of interest on damages  
   91.     Informing debtor of rights  
   92.     Rebate of consideration  
   93.     Particulars of insurance entered into by credit provider  
   94.     Proportionate rebate of consumer credit insurance premium  
   95.     Notice of right to cancel mortgaged property insurance  
   96.     Proportionate rebate of premium for insurance over mortgaged property  
   97.     Relevant comparison rate where annual percentage rate stated  
   98.     Information about whether comparison rate relates to secured loan  
   99.     Warnings about comparison rate  
   100.    Calculation of comparison rates  
   101.    Matters that may be included in comparison rate schedules  
   102.    Consumer lease excluded from application of Part 11 of the Code  
   103.    Prescribed person in relation to declarations  
   104.    Declaration about purpose of lease  
   105.    Explanation about rights and obligations of consumer lessees  
   106.    Tolerances relating to disclosures  
   107.    Tolerances relating to amounts payable etc  
   108.    Additional assumptions relating to disclosures  
   109.    Contracts linked to loan account offset arrangements  
   110.    Requirements for print or type  
   111.    Notices  
   112.    References in documents to Consumer Credit Code of a State or Territory