Part 2Consumer credit contracts
Required disclosure: Continuing disclosure
21Continuing disclosure not required
Disclosure under section 18 is not required if—
-
- in connection with the consumer credit contract,—
- the creditor maintains (at all reasonable times) a website that allows the debtor to access the information set out in section 19 as is applicable to the contract for any reasonable statement period specified by the debtor; and
- the debtor consents to the information set out in section 19 being disclosed in the manner set out in subparagraph (i); or
- the creditor maintains (at all reasonable times) a website that allows the debtor to access the information set out in section 19 as is applicable to the contract for any reasonable statement period specified by the debtor; and
- neither interest charges nor credit fees are payable under the consumer credit contract.
Disclosure under section 18 is not required in relation to a particular period if—
- the creditor cannot reasonably locate the debtor; or
- during the period that would otherwise be covered by a disclosure statement,—
- there have been no debits or credits to the debtor's account and the unpaid balance is nil; or
- the creditor has written off the unpaid balance and there are no subsequent credits or debits to the debtor's account; or
- the debtor has breached the consumer credit contract and the creditor has commenced enforcement proceedings; or
- the debtor has been declared bankrupt or died and the Official Assignee or executors or trustees or administrator of the debtor's estate have not requested a continuing disclosure statement.
- there have been no debits or credits to the debtor's account and the unpaid balance is nil; or
If disclosure under section 18 has not, in accordance with this section, been made in relation to a particular period, the next continuing disclosure statement that is required to be given or sent under this Act must cover every immediately preceding period for which a continuing disclosure statement has not been given or sent.
Notes
- Section 21(1)(a): repealed, on , by section 17 of the Credit Contracts and Consumer Finance Amendment Act 2014 (2014 No 33).


