Document ID: chunk:federal_register_of_legislation:C2024C00826:section:180a:p2
Version: federal_register_of_legislation:C2024C00826
Segment Type: section
Provision Reference: s 180A (pt 2/3)
Character Range: 477261–479722

contract, consumer lease, mortgage or guarantee;
 (b) the plaintiff was a member of a class whose members were more likely than people who were not members of the class to be at such a disadvantage;
 (c) if the plaintiff was a member of a class referred to in paragraph (b)—a reasonable person would consider that the conduct was directed at that class;
 (d) the plaintiff was unable, or considered himself or herself unable, to make:
 (i) a credit contract with a credit provider other than the credit provider to which the conduct related; or
 (ii) a consumer lease with a lessor other than the lessor to which the conduct related; or
 (iii) a mortgage with a mortgagee other than the mortgagee to which the conduct related; or
 (iv) a guarantee with a beneficiary other than the beneficiary to which the conduct related;
 (e) the conduct involved a technique that:
 (i) should not in good conscience have been used; or
 (ii) manipulated the plaintiff;
 (f) the defendant could determine or significantly influence the terms of a contract covered by subparagraph (a)(ii) or (iii);
 (g) the terms of the transaction described in paragraph (a) were less favourable to the plaintiff than the terms of a comparable transaction.

When order may be made
 (5) The court may make the order only if:
 (a) the plaintiff or ASIC (on behalf of the plaintiff) applies for an order under this section; and
 (b) the application is made within 6 years of the day the defendant first started engaging in the conduct.

Applications for order
 (6) For the purposes of paragraph (5)(a), ASIC may make an application on behalf of the plaintiff, but only if the plaintiff has given consent in writing before the application is made.

Recovery of amount as a debt
 (7) If the court makes an order that the defendant pay an amount specified in the order to the plaintiff, the plaintiff may recover the amount as a debt due to the plaintiff.

When this section does not apply
 (8) This section does not apply to the provision of credit assistance by a person who is (or after the provision of the assistance becomes):
 (a) a credit provider under the credit contract to which the assistance relates; or
 (b) a lessor under the consumer lease to which the assistance relates; or
 (c) a mortgagee under a mortgage in relation to the credit contract to which the assistance relates; or
 (d) a beneficiary of a guarantee in relation to the credit contract to which the assistance relates.