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Sch 1 (National Credit Code), s 171

Consumer leases to which this Part does not apply

In force
Volume 1Chapters 1 to 6 (sections 1 to 322)
Chapter 6Compliance and enforcement
Part 6-8Evidentiary use of certain material
Division 2Evidentiary use of certain material

171 Consumer leases to which this Part does not apply

Short term leases

(1)

This Part does not apply to a consumer lease for a fixed period of 4 months or less.

Leases for an indefinite period

(1A)

This Part does not apply to a consumer lease for an indefinite period unless:

(a)

the lessor is a constitutional corporation at the time that the lease is entered into; or

(b)

the lease was entered into in the course of constitutional trade and commerce; or

(c)

the lease was entered into using postal, telegraphic, telephonic or other like services (within the meaning of paragraph 51(v) of the Constitution).

Employment‑related leases

(2)

This Part does not apply to a consumer lease under which goods are hired by an employee in connection with the employee’s remuneration or other employment benefits.

Regulations may exclude leases

(3)

The regulations may exclude from the application of this Part consumer leases of a class specified in the regulations.

ASIC may exclude leases

(4)

ASIC may exclude, from the application of this Part, a consumer lease specified by ASIC.

(5)

An exemption under subsection (4) is not a legislative instrument.

(6)

ASIC may, by legislative instrument, exclude from the application of this Part, consumer leases of a class specified in the instrument.

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