Queensland Consolidated Acts

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CREDIT ACT 1987 - SECT 87

87 General order varying civil penalty

(1) Where a credit provider has contravened or failed to comply with this Act in respect of 2 or more regulated contracts, the credit provider may apply to a court for a determination under section 86 and the court, without affecting the liability of a person to be convicted of an offence under this Act--

(a) may make a determination under section 86 in relation to 1 or more specified regulated contracts; and
(b) may make a determination under section 86 in relation to all regulated contracts entered into by the credit provider during a specified period; and
(c) may make a determination under section 86 in relation to all regulated contracts of a specified class entered into by the credit provider during a specified period (for example, all regulated contracts entered into during a specified period which are affected by a specified contravention or failure).

(2) The debtors affected by an application under this section need not be identified in the application.

(2A) However, the court may (if it considers that it is appropriate to do so) decline to deal with the application unless the application is amended to identify the debtors.

(3) The court may authorise notice of an application under this section to be given by the publication of the notice in a newspaper circulating within the State or Australia if the court considers that (because of the number of debtors and other circumstances of the case) it is appropriate to do so.

(4) If the debtors affected by any such application are not identified in the notice, the following information must be included in the notice--

(a) the name of the credit provider;
(b) a general description of the regulated contracts concerned;
(c) the period during which the contracts were entered into;
(d) the nature of the contraventions or failures to which the application relates.

(5) Each debtor who may be affected by any such application is taken to have been personally served with a notice so published and (despite anything to the contrary in the rules of the court) is not entitled to any other notice of the application.



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