National Consumer Credit Protection Act 2009

A person who is a licensee or credit representative must, as soon as practicable after it becomes authorised by a credit provider to collect, on the credit provider’s behalf, repayments made by a debtor under a credit contract, give the debtor the person’s credit guide in accordance with subsection (3).

A person who is a licensee or credit representative must, as soon as practicable after it becomes authorised by a lessor to collect, on the lessor’s behalf, payments made by a lessee under a consumer lease, give the lessee the person’s credit guide in accordance with subsection (3).

The person’s credit guide must:

be in writing; and

be in the form (if any) prescribed by the regulations; and

specify the person’s name and contact details; and

if the person is a licensee—specify the person’s Australian credit licence number; and

if the person is a credit representative and has been allocated a credit representative number—specify the person’s credit representative number; and

give information about the person’s procedure for resolving disputes with a consumer, including contact details for a consumer to access:

if the person is a licensee—the person’s internal dispute resolution procedure; and

in all cases—the AFCA scheme; and

comply with any other requirements prescribed by the regulations.

The regulations may prescribe information that need not be included in the credit guide, despite subsection (3).

The person must give the consumer the person’s credit guide in the manner (if any) prescribed by the regulations.

A person commits an offence if:

the person is subject to a requirement under subsection (1); and

the person engages in conduct; and

the conduct contravenes the requirement.

Subsection (6) is an offence of strict liability.

For strict liability, see section 6.1 of the Criminal Code.