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COMMONWEALTHAct
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Sch 1 (National Credit Code), s 177A

Changes by agreement

In force
Volume 2Chapter 7 (sections 323 to 337), Schedule 1, Endnotes

177A Changes by agreement

(1)

If the parties under an existing consumer lease agree to change its terms, the lessor must, not later than 30 days after the date of the agreement, give to the lessee a written notice setting out:

(a)

particulars of the change in the terms of the consumer lease; and

(b)

any information required by the regulations.

Criminal penalty: 100 penalty units.

(2)

Subsection (1) does not apply to a change which defers or otherwise reduces the obligations of the lessee for a period not exceeding 90 days.

(3)

This section does not apply to a change made under Subdivision B.

(4)

The lessor may, under subsection (1), give a lessee particulars only of a matter as changed instead of particulars of the change, but only if the lessor:

(a)

makes it clear to the lessee that the matter has changed; or

(b)

issues to the lessee a new set of terms and conditions relating to the consumer lease.

(5)

Subsection (1) is an offence of strict liability.

Note:

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

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