Fees or charges in relation to third parties
32 Fees or charges in relation to third parties
When this section applies
This section applies if a fee or charge is payable by a debtor to the credit provider for an amount (the third party amount) payable or paid by the credit provider to another person, body or agency.
Third party amount ascertainable at time of debtor payment
If, when the fee or charge is paid by the debtor to the credit provider, the third party amount is ascertainable, then the amount of the fee or charge must not exceed the third party amount.
Third party amount not ascertainable at time of debtor payment
If:
when the fee or charge is paid by the debtor to the credit provider, the third party amount is not ascertainable; and
after the fee or charge is paid, the credit provider ascertains the third party amount; and
the third party amount is less than the amount of the fee or charge paid;
then the credit provider must refund or credit the difference to the debtor.
Determining third party amount
The third party amount is to be determined by:
taking into account any discount, rebate or other allowance that is received or receivable by the credit provider or a related body corporate (within the meaning of the Corporations Act 2001); and
disregarding any rebate on tax payable by the credit provider or a related body corporate (within the meaning of that Act).
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