General order varying civil penalty for minor errors
86AA General order varying civil penalty for minor errors
In this section, minor error means a contravention of or a failure to comply with this Act which is unlikely to disadvantage the debtors concerned in any significant respect.
If a credit provider makes an application to the Tribunal under section 86 and requests the Tribunal to deal with the application under this section, the following provisions have effect—
notice of the application is required to be served on the Director but (unless the Tribunal otherwise directs) is not required to be served on any other person;
if the Tribunal is satisfied that all the contraventions or failures to which the application relates are minor errors and ought reasonably be excused, the Tribunal may make a determination under section 85 that debtors under all regulated contracts entered into during the period concerned which are affected by those minor errors are liable to pay the whole of the credit charges under those contracts;
if the Tribunal is not so satisfied, the Tribunal must direct that notice of the application be given to the debtors concerned, either personally or in accordance with section 86.
S. 86A (Heading) inserted by No. 21/2012 s. 238(Sch. 5 item 6(1)).
S. 86A inserted by No. 41/1995 s. 53.
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