Sch 1 (National Credit Code), s 124
In forceCivil effect of contraventions
Volume 1Chapters 1 to 6 (sections 1 to 322)
Chapter 6Compliance and enforcement
Part 6-5BInfringement notices
Division 2Infringement notices
124 Civil effect of contraventions
(1)
If a credit provider or lessor contravenes a requirement of or made under this Code, the court may order the credit provider or lessor to make restitution or pay compensation to any person affected by the contravention and, in that event, may make any consequential order it considers appropriate in the circumstances.
(2)
An application for the exercise of the court’s powers under this section may be made by:
(a)
a person affected by the contravention; or
(b)
ASIC on behalf of a person affected by the contravention, if the person has consented in writing to ASIC making the application; or
(c)
ASIC (on its own behalf).
Research tools for this sectionSubscription
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.