National Consumer Credit Protection Act 2009

If:

a person (the defendant) engages in a credit activity in relation to another person (the plaintiff); and

the engaging in the activity contravenes any of the following:

section 29 (which requires the holding of a licence);

section 124A (which prohibits the provision of credit assistance in relation to short‑term credit contracts);

section 133CA (which prohibits credit providers from entering into short‑term credit contracts etc.);

to prevent the defendant from profiting from the plaintiff by engaging in that activity; or

to compensate the plaintiff, in whole or in part, for any loss or damage suffered as a result of the defendant engaging in that activity; or

to prevent or reduce the loss or damage suffered, or likely to be suffered, by the plaintiff as a result of the defendant engaging in that activity.

An order may be made under this subsection whether or not a declaration of contravention has been made under section 166.

Without limiting subsection (1), examples of orders the court may make include:

an order declaring the whole or any part of a contract, deed or arrangement made between the defendant and the plaintiff to be void and, if the court considers it appropriate, to have been void from the time it was entered or at all times on and after a specified day before the order is made; and

an order varying such a contract, deed or arrangement in such manner as is specified in the order and, if the court considers it appropriate, declaring the contract, deed or arrangement to have had effect as so varied on and after a specified day before the order is made; and

an order refusing to enforce any or all of the terms of such a contract, deed or arrangement; and

an order directing the defendant to refund money or return property to the plaintiff; and

an order directing the defendant to pay to the plaintiff the amount of loss or damage the plaintiff suffered; and

an order directing the defendant, at the defendant’s own expense, to supply specified services to the plaintiff.

The court may make the order only if:

the plaintiff or ASIC (on behalf of the plaintiff) applies for an order under this section; and

the application is made within 6 years of the day the cause of action that relates to the contravention or commission of the offence accrued.

For the purposes of paragraph (3)(a), ASIC may make an application on behalf of the plaintiff, but only if the plaintiff has given consent in writing before the application is made.

If the court makes an order that the defendant pay an amount specified in the order to the plaintiff, the plaintiff may recover the amount as a debt due to the plaintiff.