Legibility and language
184 Legibility and language
A credit contract, mortgage or guarantee or a notice given by a credit provider under this Code, other than a document transmitted by electronic communication:
must be easily legible; and
to the extent that it is printed or typed must conform with the provisions of the regulations as to print or type; and
must be clearly expressed.
A credit contract, mortgage or guarantee or a notice given by a credit provider under this Code, if transmitted by electronic communication:
must be easily legible; and
must conform with the provisions of the regulations, if any, as to content, legibility and accompanying information; and
must be clearly expressed.
If the court is satisfied, on application by ASIC, that a provision of a credit contract, mortgage or guarantee or a notice given by a credit provider under this Code does not comply with the requirements of this section, it may prohibit the credit provider from using a provision in the same or similar terms in future credit contracts, mortgages or guarantees or notices.
A credit provider that contravenes a prohibition imposed under subsection (3) commits an offence.
Criminal penalty (subsection (4)): 100 penalty units.
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