Reasonable inquiries etc. about the consumer
117 Reasonable inquiries etc. about the consumer
For the purposes of paragraph 115(1)(d) or 115(2)(b), the licensee must, before making the preliminary assessment:
make reasonable inquiries about the consumer’s requirements and objectives in relation to the credit contract; and
make reasonable inquiries about the consumer’s financial situation; and
take reasonable steps to verify the consumer’s financial situation; and
make any inquiries prescribed by the regulations about any matter prescribed by the regulations; and
take any steps prescribed by the regulations to verify any matter prescribed by the regulations.
Civil penalty: 5,000 penalty units.
If:
the credit contract is a small amount credit contract; and
the consumer holds (whether alone or jointly with another person) an account with an ADI into which income payable to the consumer is credited;
the licensee must, in verifying the consumer’s financial situation for the purposes of paragraph 115(1)(d), obtain and consider information about each transaction on the account, and the balances of the account, during at least the immediately preceding period of 90 days.
Subsection (1A) does not limit paragraph (1)(c) of this section.
The regulations may prescribe particular inquiries or steps that must be made or taken, or do not need to be made or taken, for the purposes of paragraph (1)(a), (b) or (c).
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