Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This regulation is made for the following provisions of the Act:
(a) subsection 113(4) (credit guide of credit assistance providers in relation to credit contracts);
(b) subsection 114(3) (quote by credit assistance providers in relation to credit contracts);
(c) subsection 121(4) (credit proposal disclosure document of credit assistance providers in relation to credit contracts);
(d) subsection 126(4) (credit guide of credit providers in relation to credit contracts);
(e) subsection 127(4) (credit guide of assignee credit providers in relation to credit contracts);
(f) subsection 136(4) (credit guide of credit assistance providers in relation to consumer leases);
(g) subsection 137(3) (quote by credit assistance providers in relation to consumer leases);
(h) subsection 144(4) (lease proposal disclosure document of credit assistance providers in relation to consumer leases);
(i) subsection 149(4) (credit guide of lessors in relation to consumer leases);
(j) subsection 150(4) (credit guide of assignee lessors in relation to consumer leases);
(k) subsection 158(4) (credit guide of credit representatives);
(l) subsection 160(5) (credit guide of debt collectors).
(2) In this regulation:
"licensee" includes a person who is a credit representative of a licensee.
(3) A licensee may, with the consent of the consumer, give a disclosure document to the consumer by:
(a) making the document available for a reasonable period on the licensee's information system for retrieval by electronic communication by the consumer; and
(b) promptly notifying the consumer by electronic communication that the document is available for retrieval on that information system and the nature of the document; and
(c) providing the consumer with the ability to retrieve the document by electronic communication.
(4) A consumer may consent to the giving of documents by electronic communication only after being told that, if consent is given:
(a) paper documents may no longer be given; and
(b) electronic communications must be regularly checked for documents; and
(c) consent to the giving of documents by electronic communication may be withdrawn at any time.
(5) If a disclosure document is given by sending it to a nominated electronic address or in a manner described in this regulation:
(a) it must be in a format that allows it to be saved to an electronic file and to be printed; and
(b) at the time it was sent or was made available on the licensee's information system, it would have been reasonable to expect that the intended recipient would be able to save it to an electronic file and print it.
(6) If a disclosure document is not given to a consumer personally, or to a person acting on the consumer's behalf, the licensee must be reasonably satisfied that the consumer has received the disclosure document before engaging in further credit activities in relation to the consumer's credit contract or consumer lease.
(7) For subregulation (6), a person is not acting on the consumer's behalf if the person is engaging in credit activities.
(8) The licensee may be reasonably satisfied that a consumer has received a disclosure document (unless the consumer advises the licensee otherwise):
(a) if the disclosure document is a credit guide and was made available to the consumer for retrieval on the licensee's information system--when the consumer tells the licensee that he or she has accessed the document on the information system; or
(b) in any other case--if the disclosure document was properly addressed to the consumer and sent to that address (including an electronic address or fax number).
(9) Two or more disclosure documents may be combined in a single document only if all other requirements of the Act and these Regulations are met.