Document ID: chunk:federal_register_of_legislation:F2024C00882:reg:28rb:p3
Version: federal_register_of_legislation:F2024C00882
Segment Type: reg
Provision Reference: reg 28RB (pt 3/4)
Character Range: 219919–222486

of the Act (other than subsection 138(2) and sections 142 and 147 of the Act) in relation to conduct engaged in by the person on a day in relation to a consumer if:
 (a) the day occurs in the exemption period (see subregulation (7)); and
 (b) the conduct consists of providing credit assistance to the consumer in relation to an application by the consumer to enter into a consumer lease with a lessor (see subsections 138(1) and 146(1) of the Act); and
 (c) the goods to be hired under the consumer lease are genuinely for the purposes of a small business operated by the consumer (whether alone or with others); and
 (d) those purposes are not merely minor or incidental in relation to the overall purposes of the consumer lease.

Licensees providing credit assistance in relation to remaining in consumer leases
 (5) For the purposes of paragraph 164(a) of the Act, a person that is a licensee is exempted from subsection 138(2) and sections 142 and 147 of the Act in relation to conduct engaged in by the person on a day in relation to a consumer if:
 (a) the day occurs in the exemption period (see subregulation (7)); and
 (b) the conduct consists of providing credit assistance to the consumer by suggesting that the consumer remain in a consumer lease with a lessor (see subsections 138(2) and 147(1) of the Act); and
 (c) either:
 (i) the goods hired under the consumer lease were genuinely for the purposes of a small business operated by the consumer (whether alone or with others); or
 (ii) the consumer intends for all or some of the goods hired under the consumer lease to be used genuinely for the purposes of a small business operated by the consumer (whether alone or with others); and
 (d) those purposes are not merely minor or incidental in relation to the overall purposes of the consumer lease.

Licensees or exempt special purpose funding entities that are lessors under consumer leases
 (6) For the purposes of paragraph 164(a) of the Act, a person that is a licensee or an exempt special purpose funding entity is exempted from Divisions 3 and 4 of Part 3‑4 of the Act in relation to conduct engaged in by the person on a day in relation to a consumer if:
 (a) the day occurs in the exemption period (see subregulation (7)); and
 (b) the conduct consists of:
 (i) entering into a consumer lease with the consumer (see paragraph 151(a) and subsection 156(1) of the Act); or
 (ii) making representations to the consumer in relation to entering a consumer lease with the consumer (see paragraph 151(b) of the Act); and
 (c) the goods to be hired