Credit Act 1984

If the Tribunal makes a determination referred to in section 86(1)(a), (b) or (c), it may, in an order under section 85 or by an order under this section (whether or not it has made an order under section 85), direct that each debtor is to remain liable to pay the whole of the credit charge under the relevant regulated contract but that the credit provider is to pay into the Victorian Consumer Law Fund established under Division 5 of Part 6.2 of the Australian Consumer Law and Fair Trading Act 2012 such amount as the Tribunal may determine, having regard to the number of contracts to which the determination relates.

If it is necessary to do so, the Tribunal may, for the purposes of this section, make an estimate of the number of contracts to which such a determination relates.

A direction under this section may not be given unless the Tribunal is satisfied that it would be unreasonable (whether because of the number of contracts concerned or otherwise) to require the credit provider to adjust the debtor's accounts, or to refund money to the debtors, to give effect to any reduction in liability that would occur if the credit charges were reduced.

A direction under this section may be given in respect of all regulated contracts to which the application for the determination relates or in respect of some only of those contracts.