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National Consumer Credit Protection Act 2009
124AProhibition on providing credit assistance in relation to short‑term credit contracts
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124A Prohibition on providing credit assistance in relation to short‑term credit contracts
(a) suggesting that the consumer apply, or assisting the consumer to apply, for a short‑term credit contract; or
(b) suggesting that the consumer apply, or assisting the consumer to apply, for an increase to the credit limit of a particular short‑term credit contract with a particular credit provider.
124B Licensee who makes representations about credit assistance in relation to small amount credit contracts must display and give information
(1) If a licensee represents that the licensee provides, or is able to provide, credit assistance to consumers in relation to small amount credit contracts, the licensee must:
(2) ASIC may, by legislative instrument, determine one or more of the following matters relating to licensees that make representations described in subsection (1):
(3) In making the determination under subsection (2), ASIC must take into account the risks associated with small amount credit contracts and the alternatives that may be available to consumers.
124C Written documentation required in relation to the preliminary assessment for a small amount credit contract
(1) If, in a preliminary assessment made for the purposes of paragraph 115(1)(c) or (2)(a), the licensee assesses that a small amount credit contract is not unsuitable for a consumer, before providing credit assistance to the consumer by:
(a) suggesting that the consumer apply, or assisting the consumer to apply, for the small amount credit contract; or
(b) suggesting that the consumer apply, or assisting the consumer to apply, for the increase to the credit limit of the small amount credit contract which is the subject of that preliminary assessment; or
(c) suggesting that the consumer remain in the small amount credit contract;
(d) the preliminary assessment; and
(e) the inquiries and verification made for the purposes of paragraph 115(1)(d) or (2)(b) in relation to that preliminary assessment.
(2) ASIC may, by legislative instrument, determine the form in which the matters in paragraphs (1)(d) and (e) are to be documented in writing.
(a) consult the Information Commissioner in relation to matters that relate to the privacy functions (within the meaning of the Australian Information Commissioner Act 2010); and
Part 3‑2—Licensees that are credit providers under credit contracts: general rules