Document ID: chunk:federal_register_of_legislation:C2024C00826:clause:1_108
Version: federal_register_of_legislation:C2024C00826
Segment Type: clause
Provision Reference: sch 1 cl 108
Character Range: 916810–917489

108  Mortgagor may apply to regain possession of mortgaged goods
 (1) If a credit provider takes possession of mortgaged goods in contravention of Division 2 or Division 4, the court may, on the application of the mortgagor, order the credit provider, at the credit provider's expense, to return possession of the goods to the mortgagor.
 (2) An order may be made under subsection (1) even though the relevant default has not been remedied.
 (3) A person who contravenes an order under subsection (1) commits an offence.
Criminal penalty: 30 penalty units.
 (4) Subsection (3) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.