Part 1ALender responsibilities
9AOutline of Part
This Part provides for lender responsibility principles that must be complied with by creditors under certain credit contracts and transferees under buy-back transactions.
In relation to those principles, this Act provides for—
- the court to make compensation and other orders, or to grant an injunction, in respect of a breach of the principles (see sections 93(aa), 96(1)(aa), 98A, 98B, and 107A):
- the debtor to be entitled to recover statutory damages if the creditor breaches certain of the principles (see section 88):
- creditors to make decisions on hardship applications under section 55 in compliance with the principles (see section 57A):
- creditors to comply with the principles in relation to a repossession of consumer goods (see sections 83E(1)(c) and 83Q):
- the District Court to order persons not to act as creditors, lessors, or transferees if those persons have failed
to comply with the principles (see section 108(1)(a)(v)): - the court to have regard to compliance with the principles when deciding whether to reopen an agreement under Part 5 (see section 124(1)(b)).
This Part also provides for requirements to make publicly available standard form contract terms and information about the costs of borrowing.
Notes
- Section 9A: inserted, on , by section 9 of the Credit Contracts and Consumer Finance Amendment Act 2014 (2014 No 33).
- Section 9A(2)(a): amended, on , by section 8(1) of the Credit Contracts Legislation Amendment Act 2019 (2019 No 81).
- Section 9A(2)(aa): inserted, on , by section 8(2) of the Credit Contracts Legislation Amendment Act 2019 (2019 No 81).
- Section 9A(2)(d): amended, on , by section 8(3) of the Credit Contracts Legislation Amendment Act 2019 (2019 No 81).
- Section 9A(2)(d): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).


