Commonwealth Consolidated Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

NATIONAL CONSUMER CREDIT PROTECTION REGULATIONS 2010 - SCHEDULE 4

Modifications--responsible lending conduct

(regulation   28M)

 

4.1   Subsection   5(1), definition of licensee

substitute

"licensee" means:

  (a)   a person who holds a licence; or

  (b)   a person who has applied for a licence before 1   January 2011 in an application on which ASIC has not made a decision.

4.2   After paragraph   114(1)(e)

insert

  (ea)   the licensee is not required to give the consumer a quote in the circumstances prescribed by the regulations; and

4.3   After subsection   114(2)

insert

  (2A)   The regulations may prescribe circumstances where a licensee is not required to give the consumer a quote in accordance with subsection   (2).

4.4   After subsection   114(4)

insert

No demanding payment if no quote given

  (4A)   The licensee must not request or demand payment of an amount for the licensee's credit assistance if the licensee has not given the consumer a quote in accordance with subsection   (2).

Civil penalty:   5,000 penalty units.

4.5   Paragraph   121(2)(e)

omit

made.

insert

made;

4.6   After paragraph   121(2)(e)

insert

  (f)   any other information prescribed by the regulations.

4.7   After subsection   121(3)

insert

  (3A)   The regulations may prescribe information that need not be included in the credit proposal disclosure document, despite subsection   (2).

4.8   After paragraph   137(1)(d)

insert

  (da)   the licensee is not required to give the consumer a quote in the circumstances prescribed by the regulations; and

4.9   After subsection   137(2)

insert

  (2A)   The regulations may prescribe circumstances in which a licensee is not required to give the consumer a quote in accordance with subsection   (2).

4.10   After subsection   137(4)

insert

No demanding payment if no quote given

  (4A)   The licensee must not request or demand payment of an amount for the licensee's credit assistance if the licensee has not given the consumer a quote in accordance with subsection   (2).

Civil penalty:   5,000 penalty units.

4.11   Paragraph   144(2)(d)

omit

lease.

insert

lease;

4.12   After paragraph   144(2)(d)

insert

  (e)   any other information prescribed by the regulations.

4.13   After subsection   144(3)

insert

  (3A)   The regulations may prescribe information that need not be included in the lease proposal disclosure document, despite subsection   (2).



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback