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Sch 1 (National Credit Code), s 28

Limit on interest charges

In force
Volume 1Chapters 1 to 6 (sections 1 to 322)
Schedule 1National Credit Code
Part 5-4Fees imposed by the National Consumer Credit Protection (Fees) Act 2009
Division 2Fees imposed by the National Consumer Credit Protection (Fees) Act 2009

28 Limit on interest charges

(1)

The maximum amount of an interest charge that may be imposed or provided for under a credit contract is:

(a)

where only one annual percentage rate applies to the unpaid balances under the contract—the amount determined by applying the daily percentage rate to the unpaid daily balances; or

(b)

in any other case—the sum of each of the amounts determined by applying each daily percentage rate to that part of the unpaid daily balances to which it applies under the contract.

(2)

However, an interest charge under a credit contract for a month, a quarter or half a year may be determined by applying the annual percentage rate or rates, divided by 12 (for a month), by 4 (for a quarter) or by 2 (for half a year), to the whole or that part of the average unpaid daily balances to which it applies. The regulations may provide for the calculation of unpaid daily balances in these circumstances.

(3)

This section does not prevent the imposition of a default rate of interest permitted by section 30.

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