Commonwealth Consolidated Regulations

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NATIONAL CONSUMER CREDIT PROTECTION REGULATIONS 2010 - REG 79AC

Prohibition relating to annual cost rate of credit contracts--later increases of annual percentage rate etc

  (1)   For subparagraph   32AA(1)(c)(ii) of the Code, an amount is a prescribed amount if it:

  (a)   is referred to in subsection   32B(3) of the Code; and

  (b)   is payable in relation to a medium amount credit contract.

  (2)   For subparagraph   32AA(1)(c)(ii) of the Code, an amount is a prescribed amount if:

  (a)   it is referred to in subsection   32B(3) of the Code; and

  (b)   it is not payable in relation to a medium amount credit contract; and

  (c)   the credit provider has a practice of requesting debtors to increase the amount of repayments above the amount the debtor is required to pay under the credit contract; and

  (d)   the debtor becomes liable to pay the fee as a result of making increased repayments because of a request by the credit provider.

Note:   Subparagraph   32AA(1)(c)(ii) of the Code refers to an amount referred to in subsection   32B(3) of the Code that is prescribed by the regulations. Section   32AA of the Code applies if the prescribed amount increases after a credit contract is entered into and other circumstances occur.



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