National Consumer Credit Protection Act 2009

A small amount credit contract must not impose a monetary liability on the debtor:

in respect of an interest charge (including a default rate of interest) under the contract; or

in respect of a fee or charge prohibited by this Code; or

in respect of an amount of a fee or charge exceeding the amount that may be charged consistently with this Code.

If a provision of a small amount credit contract imposes a monetary liability prohibited by subsection (1) then:

each provision (the void provisions) of the contract that imposes a monetary liability of a kind referred to in that subsection (whether or not the liability is imposed consistently with this Code) is void to the extent that the provision relates to the liability; and

the debtor may recover as a debt due to the debtor any amount paid to the credit provider under the void provisions to the extent that the amount relates to the liability.