Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This regulation applies in relation to a credit provider giving a precontractual document to a debtor for the purposes of section 16 of the Code unless the credit provider, or an agent of the credit provider, delivers the document physically:
(a) to the debtor personally; or
(b) to a person acting on the debtor's behalf.
Example: This regulation applies in relation to the credit provider:
(a) emailing or posting a precontractual document to a debtor; or
(b) giving a precontractual document to a debtor in the way specified by regulation 72C (electronic document retrieval system).
(2) For the purposes of paragraph (1)(b), a person is not acting on the debtor's behalf if the person is engaging in credit activities.
(3) For the purposes of paragraph 16(9)(c) of the Code, the following requirement is specified: the credit provider must be satisfied on reasonable grounds that the debtor has received the precontractual document.
(4) For the purposes of subregulation (3) of this regulation:
(a) the credit provider is taken not to be satisfied that the debtor has received the precontractual document if the debtor has told the credit provider that the debtor has not received the document (unless the debtor has subsequently told the credit provider that the debtor has received the document); and
(b) subject to paragraph (a), reasonable grounds on which to be satisfied that the debtor has received the document include the following:
(i) the document was properly addressed to the debtor and sent to that address (including an electronic address);
(ii) the document was given to the debtor in the way specified by regulation 72C, and the relevant notice mentioned in paragraph 72C(1)(a) was properly addressed to the debtor and sent to that address (including an electronic address).