Commonwealth Consolidated Regulations Commonwealth Consolidated RegulationsFor subsection 99(2) of the Code, consent by the occupier of premises to entry to the premises is taken to have been given only if the following requirements have been complied with:
(a) a request to the occupier for entry to the premises must be made by the credit provider or agent by application in writing or by calling at the premises concerned;
(b) if the request is made personally, it may only be made between the hours of 8 am and 8 pm on any day other than a Sunday or public holiday;
(c) the consent in writing must be in accordance with Form 13 and signed by the occupier;
(d) the document of consent is not to be presented to the occupier for signature with, or as part of, any other document (unless the other document, or the remainder of the other document, contains only the provisions of section 99 of the Code).
Note 1: Subsection 99(1) of the Code provides that a credit provider, or an agent of the credit provider, must not enter any part of premises used for residential purposes for the purpose of taking possession of mortgaged goods under a goods mortgage unless the court has authorised entry or the occupier of the premises (after being informed in writing of the provisions of section 99) consented in writing to the entry.
Note 2: Under subsection 99(2) of the Code, the regulations may
provide procedures for the purposes of section 99 and set out
circumstances in which consent is or is not taken to have been given.