44Credit fees other than establishment fees and prepayment fees

1. In determining whether a credit fee is unreasonable, the court must have regard to, in relation to the matter giving rise to the fee, whether the fee reasonably compensates the creditor for any cost incurred by the creditor (including the cost of providing a service to the debtor if the fee relates to the provision of a service).

2. In determining whether the fee reasonably compensates the creditor for any cost referred to in subsection (1), the court must have regard to reasonable standards of commercial practice.

3. Subsection (1) does not apply if the credit fee is—

4. an establishment fee (see section 42); or
5. a prepayment fee (see section 43).