Commonwealth Consolidated Regulations

NATIONAL CONSUMER CREDIT PROTECTION REGULATIONS 2010 - REG 28P

Franchisees

  (1)   For paragraph   164(a) of the Act, a person who is a credit representative is exempted from subsection   158(1) of the Act if:

  (a)   the person is authorised by:

  (i)   a licensee; or

  (ii)   a body corporate that is a credit representative of a licensee;

to engage in specified credit activities on behalf of the licensee; and

  (b)   the person is:

  (i)   a franchisee of the licensee under a franchise agreement with the licensee; or

  (ii)   an employee or director of a franchisee of the licensee who has a franchise agreement with the licensee; and

  (c)   the franchise agreement:

  (i)   subjects the person to the policies of the licensee; and

  (ii)   requires compliance by the person with the policies of the licensee that were made to give effect to the licensee's obligations under the licensee's Australian credit licence; and

  (d)   the credit guide of the licensee explains that the licensee takes responsibility for the credit activities engaged in by the person (or class of persons of which the person is a member).

Previous dealings with consumer

  (2)   For paragraph   164(a) of the Act, a person who is a licensee or a credit representative is exempted from subsections   113(1), 126(1), 136(1), 149(1), 158(1) or 160(1) or (2) of the Act if:

  (a)   the person has, in the previous 12 months, given the consumer the person's credit guide in accordance with the requirements in the Act; and

  (b)   if the person would have been required to give contact details for a consumer to access the AFCA scheme--the contact details for access to the AFCA scheme have not changed.

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.

Debt collectors

  (3)   For paragraph   164(a) of the Act, a person who is a licensee or a credit representative is exempted from subsection   160(1) or (2) of the Act if:

  (a)   the person has given the consumer the person's credit guide in accordance with the requirements of section   113, 136 or 158 of the Act; and

  (b)   the credit guide relates to:

  (i)   the same credit contract as that under which the person is authorised by the credit provider to collect, on behalf of the credit provider, repayments made by the consumer under the credit contract; or

  (ii)   the same consumer lease as that under which the person is authorised by the lessor to collect, on behalf of the lessor, payments made by the consumer under the consumer lease.

Product designers

  (4)   For paragraph   164(a) of the Act, a person who is a product designer is exempted from subsection   113(1), 136(1), 158(1) or 160(1) or (2) of the Act if the credit provider or lessor has complied with regulation   26B.