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Sch 1 (National Credit Code), s 13E

Meaning of low cost credit contract

In force
Volume 1Chapters 1 to 6 (sections 1 to 322)
Schedule 1National Credit Code
Part 5-2Documents lodged with, or information given or provided to, ASIC or required by this Act
Division 2Lodging with, or giving or providing to, ASIC

13E Meaning of low cost credit contract

(1)

A contract is a low cost credit contract if:

(a)

credit is, or may be, provided under the contract; and

(b)

the contract is:

(i)

a buy now pay later contract; or

(ii)

a contract prescribed by the regulations for the purposes of this subparagraph; and

(c)

the period during which credit is, or may be, provided under the contract is no longer than the period (if any) prescribed by the regulations for the purposes of this paragraph; and

(d)

the contract satisfies any requirements prescribed by the regulations for the purposes of this paragraph that relate to fees or charges that are, or may be, payable under the contract; and

(e)

the contract satisfies any other requirements prescribed by the regulations for the purposes of this paragraph.

Fees and charges

(2)

To avoid doubt, regulations made for the purposes of paragraph (1)(d) may prescribe that a specified fee or charge, or a fee or charge of a specified kind, must, or must not, be payable under the contract.

(3)

For the purposes of this section, fees or charges:

(a)

include a charge referred to in paragraph (a) of the definition of credit fees and charges in subsection 204(1); and

(b)

do not include a fee, charge, duty or expense referred to in paragraph (b), (c) or (d) of that definition.

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