Commonwealth Consolidated Regulations

NATIONAL CONSUMER CREDIT PROTECTION REGULATIONS 2010 - REG 4B

Providing assistance to debtors

  (1)   A person provides debt management assistance to a consumer if, by dealing directly with the consumer or the consumer's agent in the course of, as part of, or incidentally to, a business carried on in this jurisdiction by the person or another person, the person:

  (a)   suggests that the consumer apply for:

  (i)   a change to a credit contract for which the consumer is the debtor; or

  (ii)   a deferral or waiver of an amount under a credit contract for which the consumer is the debtor; or

  (iii)   a postponement relating to a credit contract for which the consumer is the debtor; or

  (b)   assists the consumer to apply for:

  (i)   a change to a credit contract for which the consumer is the debtor; or

  (ii)   a deferral or waiver of an amount under a credit contract for which the consumer is the debtor; or

  (iii)   a postponement relating to a credit contract for which the consumer is the debtor; or

  (c)   suggests that the consumer:

  (i)   make a complaint or claim to the credit provider, AFCA, ASIC or the Information Commissioner, in relation to a credit contract for which the consumer is (or was) the debtor; or

  (ii)   give a hardship notice (within the meaning of the Code) to the credit provider under a credit contract for which the consumer is (or was) the debtor; or

  (iii)   institute proceedings or take any other action in relation to a credit contract for which the consumer is (or was) the debtor; or

  (d)   assists the consumer to:

  (i)   make a complaint or claim to the credit provider, AFCA, ASIC or the Information Commissioner, in relation to a credit contract for which the consumer is (or was) the debtor; or

  (ii)   give a hardship notice (within the meaning of the Code) to the credit provider under a credit contract for which the consumer is (or was) the debtor; or

  (iii)   institute proceedings or take any other action in relation to a credit contract for which the consumer is (or was) the debtor.

It does not matter whether the person does so on the person's own behalf or on behalf of another person.

Providing assistance to guarantors

  (2)   A person provides debt management assistance to a consumer if, by dealing directly with the consumer or the consumer's agent in the course of, as part of, or incidentally to, a business carried on in this jurisdiction by the person or another person, the person:

  (a)   suggests that the consumer apply for:

  (i)   a change to a guarantee for which the consumer is the guarantor; or

  (ii)   a deferral or waiver of an amount under a guarantee for which the consumer is the guarantor; or

  (iii)   a postponement relating to a guarantee for which the consumer is the guarantor; or

  (b)   assists the consumer to apply for:

  (i)   a change to a guarantee for which the consumer is the guarantor; or

  (ii)   a deferral or waiver of an amount under a guarantee for which the consumer is the guarantor; or

  (iii)   a postponement relating to a guarantee for which the consumer is the guarantor; or

  (c)   suggests that the consumer:

  (i)   make a complaint or claim to the credit provider, AFCA, ASIC or the Information Commissioner, in relation to a guarantee for which the consumer is (or was) the guarantor; or

  (ii)   institute proceedings or take any other action in relation to a guarantee for which the consumer is (or was) the guarantor; or

  (d)   assists the consumer to:

  (i)   make a complaint or claim to the credit provider, AFCA, ASIC or the Information Commissioner, in relation to a guarantee for which the consumer is (or was) the guarantor; or

  (ii)   institute proceedings or take any other action in relation to a guarantee for which the consumer is (or was) the guarantor.

It does not matter whether the person does so on the person's own behalf or on behalf of another person.

Fee, charge or other amount must be paid or payable

  (3)   However, a person does not provide debt management assistance unless a fee, charge or other amount is paid or payable by or on behalf of the consumer in relation to the assistance.

  (4)   For the purposes of subregulation (3), it is immaterial if the fee, charge or other amount is paid or payable to the provider of the assistance or to any other person.