Commonwealth Consolidated Regulations

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NATIONAL CONSUMER CREDIT PROTECTION REGULATIONS 2010 - REG 28HB

Obtaining and considering information to verify financial situation of consumers

Scope of this regulation--small amount credit contracts

  (1)   This regulation applies for the purposes of paragraph   117(1)(e) of the Act, to the extent that paragraph applies:

  (a)   for the purposes of paragraph   115(1)(d) of the Act; and

  (b)   in relation to credit assistance mentioned in subsection   115(1) of the Act that relates to a small amount credit contract.

  (2)   This regulation also applies for the purposes of paragraph   130(1)(e) of the Act, to the extent that paragraph applies in relation to a credit contract mentioned in section   128 of the Act that is a small amount credit contract.

Scope of this regulation--consumer leases for household goods

  (3)   This regulation also applies for the purposes of paragraph   140(1)(e) of the Act, to the extent that paragraph applies:

  (a)   for the purposes of paragraph   138(1)(d) of the Act; and

  (b)   in relation to credit assistance mentioned in subsection   138(1) of the Act that relates to a consumer lease for households goods.

  (4)   This regulation also applies for the purposes of paragraph   153(1)(e) of the Act, to the extent that paragraph applies in relation to a consumer lease mentioned in section   151 of the Act that is a consumer lease for households goods.

Required steps for licensees

  (5)   The licensee must take the steps set out in subregulation (6) and (if applicable) subregulation (7) to verify the consumer's financial situation.

  (6)   The licensee must ascertain whether the consumer is receiving a payment (a social security payment ) under the Social Security Act 1991 .

  (7)   If the licensee ascertains under subregulation (6) that the consumer is receiving a social security payment, then the licensee must obtain, and consider, the information contained in the following documents to verify the consumer's financial situation:

  (a)   an income statement for the consumer issued by Services Australia during the period of 21 days ending on the day on which the licensee considers the information contained in the income statement;

  (b)   a deduction statement for the consumer issued by Services Australia during the period of 21 days ending on the day on which the licensee considers the information contained in the deduction statement.



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