Commonwealth Consolidated Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

NATIONAL CONSUMER CREDIT PROTECTION REGULATIONS 2010 - REG 28D

Quote for providing credit assistance--licensee to give information about fees and charges

  (1)   This regulation is made for the following provisions of the Act:

  (a)   paragraph   114(2)(f) (quote by credit assistance providers for credit contracts);

  (b)   paragraph   137(2)(f) (quote by credit assistance providers for consumer leases).

  (2)   The information given by a licensee under paragraph   114(2)(d) or 137(2)(d) of the Act must be described as follows:

  (a)   for each fee and each charge payable to the licensee that the licensee does not describe under paragraph   (b):

  (i)   identify the fee or charge as a fee or charge payable to the licensee; and

  (ii)   include a clear explanation of the type of fee or charge; and

  (iii)   if the fee or charge is not a fixed amount--explain the method used for working out the amount of the fee or charge; and

  (iv)   if the method mentioned under subparagraph   (iii) is expressed as a mathematical formula--include a clear explanation of the formula with the formula; and

  (v)   include a reasonable estimate of the maximum amount of the fee or charge, expressed as required by paragraph   (c); and

  (vi)   state how frequently the fee or charge is to be paid; and

  (vii)   describe the circumstances when the fee or charge will or will not be payable; and

Note:   A fee payable to a credit representative of a licensee is a fee payable to the licensee.

  (b)   if the fee or charge is payable to the licensee for payment to another person on the consumer's behalf--for each fee and each charge that the licensee does not describe under paragraph   (a):

  (i)   identify the fee or charge as a fee or charge; and

  (ii)   include a clear explanation of the type of fee or charge; and

  (iii)   include a reasonable estimate of the maximum amount of the fee or charge, expressed as required by paragraph   (c); and

  (c)   the maximum amount of each fee or each charge, if known, must be expressed in dollars or, if unknown, in one of the following ways:

  (i)   as a proportion of the amount borrowed or total rental payments and a dollar amount;

  (ii)   as a percentage of the amount borrowed or total rental payments and a dollar amount;

  (iii)   if payable periodically--as a maximum amount for each period and as a maximum amount for the life of the credit contract or consumer lease, both as dollar amounts; and

  (d)   include a statement that clearly identifies the amounts as a quote.

  (3)   The quote must include the maximum amount of fees or charges that will be payable by the consumer to another person, whether or not a credit contract or consumer lease is entered into.

  (4)   The information mentioned in subregulations (2) and (3) must be set out in a way that is easy for the consumer to understand without being required to do any working out or to look elsewhere for additional information.

 


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback