Lessee may recover fees and charges exceeding base price if cap is breached
175AC Lessee may recover fees and charges exceeding base price if cap is breached
If a lessor contravenes subsection 175AA(1) or (2) in relation to a consumer lease:
the lessee is not liable (and is taken never to have been liable) to pay any amount under the consumer lease that exceeds the base price of the goods hired under the consumer lease (whether or not the liability is imposed consistently with this Code); and
the lessee may recover as a debt due to the lessee the amount of any payment made by the lessee that, in accordance with paragraph (a), the lessee is not liable to pay.
51 Subsection 177B(3) of the National Credit Code (paragraph (a) of the note)
After “such as”, insert “family violence,”.
52 At the end of Subdivision C of Division 8 of Part 11 of the National Credit Code
Add:
This Act’s bill:Explanatory memorandumSecond reading speech
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