General order varying civil penalty
86 General order varying civil penalty
S. 86(1) amended by No. 52/1998 s. 24(1).
Where a credit provider has contravened or failed to comply with this Act or the Credit (Administration) Act 1984 in respect of two or more regulated contracts, he may apply to the Tribunal for a determination under section 85 and the Tribunal, without affecting the liability of a person to be convicted of an offence under this Act or the Credit (Administration) Act 1984—
may make a determination under section 85 in relation to one or more specified regulated contracts; and
S. 86(1)(b) amended by No. 34/1991 s. 8(2).
may make a determination under section 85 in relation to all regulated contracts entered into by the credit provider during a specified period; and
S. 86(1)(c) inserted by No. 34/1991 s. 8(2).
may make a determination under section 85 in relation to all regulated contracts of a specified class entered into by the credit provider during a specified period (for example, all regulated contracts entered into during a specified period which are affected by a specified contravention or failure).
S. 86(2) inserted by No. 34/1991 s. 8(2).
The debtors affected by an application under this section need not be identified in the application. However, the Tribunal may (if it considers that it is appropriate to do so) decline to deal with the application unless the application is amended to identify the debtors.
S. 86(3) inserted by No. 34/1991 s. 8(2).
The Tribunal may authorise notice of an application under this section to be given by the publication of the notice in a newspaper circulating within the State or Australia if the Tribunal considers that (because of the number of debtors and other circumstances of the case) it is impracticable to give notice to each debtor and it is otherwise appropriate to give notice by such publication.
S. 86(4) inserted by No. 34/1991 s. 8(2).
If the debtors affected by any such applications are not identified in the notice, the following information must be included in the notice—
the name of the credit provider;
a general description of the regulated contracts concerned;
the period during which the contracts were entered into;
the nature of the contraventions or failures to which the application relates.
S. 86(5) inserted by No. 34/1991 s. 8(2).
Each debtor who may be affected by any such application is taken to have been personally served with a notice so published and (despite anything to the contrary in the Credit (Administration) Act 1984 or regulations under that Act) is not entitled to any other notice of the application.
S. 86AA inserted by No. 19/1998 s. 3.
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