Queensland Consolidated Acts Queensland Consolidated Acts(1) If a court makes a determination mentioned in section 87(1)(a), (b) or (c) because of a contravention of, or failure to comply with, this Act, it may direct that the credit provider must pay into the Fund an amount decided by the court.
(2) However, the direction may be given only if the court is satisfied that--
(a) the contravention or failure, and the relevant circumstances mentioned in section 86(2), are serious enough to justify the credit provider being penalised; and
(b) it would be unreasonable (whether because of the number of contracts concerned, the small amount owing to each debtor, or for another reason), to require the credit provider to adjust the debtors' accounts, or to refund amounts to the debtors, to give effect to a reduction in liability that would happen if the credit charges were reduced.
(3) The direction may be given about all or only some of the regulated contracts to which the determination relates.
(4) The court must decide the amount having regard to the number (or estimated number) of the regulated contracts about which the direction is given.
(5) The direction must be included in the court's order under section 86.