Part 1Preliminary provisions
3Purposes
The primary purpose of this Act is to protect the interests of consumers in connection with credit contracts, consumer leases, and buy-back transactions of land.
It is also the purpose of this Act—
- to promote the confident and informed participation in markets for credit by consumers; and
- to promote and facilitate fair, efficient, and transparent markets for credit; and
- to protect the interests of consumers under credit contracts, consumer leases, and buy-back transactions of land, both when those agreements are entered into and for their duration; and
- to provide remedies for debtors, lessees, and occupiers (including consumers) in relation to—
- oppressive credit contracts, consumer leases, and buy-back transactions of land; and
- oppressive conduct by creditors under credit contracts, lessors under consumer leases, and transferees under buy-back transactions of land.
- oppressive credit contracts, consumer leases, and buy-back transactions of land; and
To achieve the purposes referred to in subsections (1) and (2), this Act—
- requires creditors under consumer credit contracts and transferees under buy-back transactions of land to be responsible lenders, both when they provide credit or finance and for the duration of those agreements; and
- provides for the disclosure of adequate information to consumers under consumer credit contracts and consumer leases (both before entry into, and before variation of, such agreements)—
- to enable consumers to distinguish between competing credit or lease arrangements; and
- to enable consumers to be informed of the terms of consumer credit contracts or consumer leases before they become irrevocably committed to them; and
- to enable consumers to monitor the performance of consumer credit contracts; and
- in the case of consumer leases, to make clear to consumers that consumer leases are not consumer credit contracts; and
- to enable consumers to distinguish between competing credit or lease arrangements; and
- provides rules about interest charges, credit fees, default fees, and payments in relation to consumer credit contracts; and
- enables consumers to seek reasonable changes to consumer credit contracts on the grounds of unforeseen hardship; and
- provides for the disclosure of adequate information to consumers under buy-back transactions of land and for independent legal advice to those consumers—
- to inform consumers of the terms, the effects, and the implications of those transactions before they become irrevocably committed to them; and
- to enable consumers to monitor the performance of those transactions; and
- to inform consumers of the terms, the effects, and the implications of those transactions before they become irrevocably committed to them; and
- provides rules about fees in relation to buy-back transactions of land; and
- provides, in relation to credit contracts that include or involve a security interest,—
- rules that apply in relation to the creditor's rights to repossess consumer goods; and
- corresponding rights for consumers and third parties that are affected by the exercise of the creditor's rights; and
- rules that apply in relation to the creditor's rights to repossess consumer goods; and
- applies, as appropriate, the requirements, disclosure obligations, rules, and remedies specified in paragraphs (a) to (g) in relation to guarantors; and
- requires creditors under consumer credit contracts and mobile traders to be certified; and
- provides for the disclosure of certain information about debt collection to debtors under credit contracts.
Notes
- Section 3: replaced, on , by section 4 of the Credit Contracts and Consumer Finance Amendment Act 2014 (2014 No 33).
- Section 3(3)(i): inserted, on , by section 4 of the Credit Contracts Legislation Amendment Act 2019 (2019 No 81).
- Section 3(3)(j): inserted, on , by section 4 of the Credit Contracts Legislation Amendment Act 2019 (2019 No 81).


