102AInfringement offences

1. Every creditor, lessor, or transferee who is subject to a disclosure section commits an offence if—

2. both of the following apply:
   1. a paragraph in Schedule 1, 2, or 3 or section 19(1) requires, or regulations prescribing information that must be disclosed under section 132A require, information to be contained in the disclosure statement that is to be given or sent for the purposes of the disclosure section; and
   2. the creditor, lessor, or transferee breaches the disclosure section by failing to include any information in the disclosure statement for the purposes of that paragraph; or
3. the creditor, lessor, or transferee breaches the disclosure section by failing to give or send to the debtor, guarantor, lessee, or occupier a copy of the relevant terms within the time for giving or sending the copy of those terms that is specified in that section.

4. Subsection (1) does not apply to a complete failure to give or send a disclosure statement to a debtor, guarantor, lessee, or occupier in accordance with a disclosure section (but such a breach is an offence under section 103).

5. Every creditor, lessor, or transferee who is subject to section 24, 67, or 79 commits an offence if the creditor, lessor, or transferee breaches that section.

6. Every lender who is subject to section 9J commits an offence if the lender breaches section 9J(4).

7. Every creditor who is subject to section 9K commits an offence if the creditor breaches section 9K(4).

8. Every creditor who is subject to section 9K commits an offence if both of the following apply:

9. a paragraph in regulations prescribed under this Act requires particular information to be contained in the information made publicly available:
10. the creditor breaches section 9K(6)(a) by failing to make any information publicly available for the purposes of that paragraph.

11. Every person commits an offence if the person is subject to a disclosure requirement under section 26B and the person breaches the requirement.

12. Every creditor who is subject to Part 3A commits an offence if both of the following apply:

13. a paragraph in Schedule 3A requires information to be contained in the repossession warning notice that is to be served for the purposes of section 83G; and
14. the creditor breaches section 83G by failing to include any information in the repossession warning notice for the purposes of that paragraph.

15. Every creditor or creditor's agent who is subject to Part 3A commits an offence if the creditor or creditor's agent breaches section 83O(1) by failing to produce a document or information referred to in a paragraph of that subsection.

16. Subsections (5) and (6) do not apply to a complete failure to serve a repossession warning notice on a debtor in accordance with section 83G or a complete failure to comply with section 83O(1) (but such a breach is an offence under section 103).

17. Every person commits an offence if the person is subject to section 116AAA (requirement for annual return) and the person breaches the requirement.

18. A person who commits an offence under this section is liable on conviction,—

19. in the case of an individual, to a fine not exceeding $10,000; and
20. in the case of a body corporate, to a fine not exceeding $30,000.

21. In this Act, infringement offence means an offence under this section.

22. See sections 105A to 105F (which relate to infringement offences).

23. In this section,—

    disclosure section means any of sections 17, 18, 25, 64, 70, 72, and 132A

    relevant terms means, in relation to—

    1. section 17, the terms of the contract referred to in section 17(2):
    2. section 25, the terms of the guarantee referred to in section 25(1)(a):
    3. section 64, the terms of the lease referred to in section 64(2):
    4. section 70, the terms of the credit-related insurance, repayment waiver, or extended warranty referred to in section 70(1) or (2) (as the case may be):
    5. section 72, the terms of the buy-back transaction referred to in section 72(2).