Commonwealth Consolidated Regulations

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NATIONAL CONSUMER CREDIT PROTECTION REGULATIONS 2010 - REG 28LCA

Small amount credit contracts--income requirements

  (1)   For the purposes of subsection   133CC(1) of the Act, this regulation prescribes a requirement for repayments that would be required under a small amount credit contract with a consumer who would be the debtor under the contract.

  (2)   The requirement for a repayment that would be required during a repayment period under such a contract with a consumer is that the sum of:

  (a)   the amount of the repayment; and

  (b)   any other amounts the consumer is required to pay under any other small amount credit contracts during the repayment period;

would be equal to or less than 10% of the available income the consumer is reasonably expected to receive during the repayment period.

  (3)   In this regulation:

"available income" , for a consumer, means the consumer's income less any amount required to be withheld under Part   2 - 5 in Schedule   1 to the Taxation Administration Act 1953 (Pay as you go (PAYG) withholding).

"income" means income within the ordinary meaning of that expression.

"repayment period" : each of the following is a repayment period in relation to a small amount credit contract:

  (a)   the period:

  (i)   starting on the day the contract is entered into; and

  (ii)   ending on the first repayment date in relation to the contract;

  (b)   a period:

  (i)   starting on the day after a repayment date in relation to the contract; and

  (ii)   ending on the subsequent repayment date in relation to the contract.



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