Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For paragraph 164(a) of the Act, a person who is a licensee or a credit representative engaging in a credit activity is exempted from a relevant provision of the Act, other than section 114 or 137, if:
(a) the person gives the consumer information, in writing, about the contact details for a consumer to access the AFCA scheme; or
(b) the person has given the information mentioned in paragraph (a) to the consumer within the previous 90 days.
(2) The information mentioned in paragraph (1)(a) may be given to the consumer as follows:
(a) in the manner set out in regulation 28L;
(b) together with some or all of the information mentioned in a relevant provision of the Act.
(3) For paragraph 164(a) of the Act, a person who is a credit representative to whom regulation 28 applies is exempted from a relevant provision of the Act.
Note: Regulation 28 sets out circumstances where a credit representative is not required to give contact details for a consumer to access the AFCA scheme.
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(4) For paragraph 164(a) of the Act, a licensee providing credit assistance to a consumer is exempted from sections 114 and 137 of the Act if:
(a) before the licensee provides credit assistance to a consumer, the licensee has entered into a written contract with the consumer setting out the maximum amount that will be payable by the consumer to the licensee in relation to the licensee's credit assistance and other services; or
(b) both the following apply:
(i) before the licensee provides credit assistance to a consumer, the licensee does not intend to impose a fee or charge on the consumer for providing the credit assistance or other services;
(ii) the licensee does not impose a fee or charge on the consumer for the licensee's credit assistance and other services.
(5) This regulation ceases to have effect on 1 October 2011.