Document ID: chunk:federal_register_of_legislation:F2024L01251:clause:2_12:p2
Version: federal_register_of_legislation:F2024L01251
Segment Type: clause
Provision Reference: sch 2 cl 12 (pt 2/3)
Character Range: 66608–69378

material false statement to the credit provider or knowingly allowed the provider to rely upon a material false statement or premise; and
 (b) the individual did this knowing that the statement or premise was untrue and with intent to evade the individual's obligations in relation to consumer credit by deceiving the credit provider as to a material fact.

Disclosure of serious credit infringements: intention to no longer comply by an individual who cannot be contacted
 (4) Before a credit provider discloses to a credit reporting body that, in the provider's opinion, an individual has committed a serious credit infringement as described in paragraph (c) of the definition of that term in the Act, the provider must have disclosed an overdue payment to which the serious credit infringement relates to the body as default information.
 (5) In order to establish that reasonable steps have been taken to contact an individual for the purposes of subparagraph (c)(ii) of the definition of serious credit infringement in the Act, the credit provider must:
 (a) attempt to make contact with the individual where possible by phone, email and mail;
 (b) if the contact attempts described in paragraph (a) suggest that any of the individual's contact details are no longer current, take reasonable steps to ascertain new contact details and, where new contact details are ascertained, repeat the previous contact attempts using the new contact details;
 (c) in phone messages (where these can be left with an automatic answering service or with an adult) and emails, take reasonable steps to provide its contact details and ask the individual to contact the provider as a matter of urgency;
 (d) in mailed letters:
 (i) give particulars of the default; and
 (ii) state that if a period of 6 months elapses without contact with the individual about the default the credit provider intends to disclose the default to a credit reporting body as a serious credit infringement and explain the effect of that disclosure; and
 (e) retain such evidence of attempts to contact the individual as is reasonable in the circumstances.
 (6) If an individual makes contact with the credit provider at any time during the 6 month period beginning on the later of:
 (a) the date of the section 6Q notice; or
 (b) the date of last contact with the individual;
  the 6 months period referred to in paragraph (c)(iii) of the definition of serious credit infringement recommences.
Note: In this situation, the credit provider will then be unable to disclose its opinion that a serious credit infringement has been committed until a new period of 6 months has passed without contact with the individual.
 (7) If a credit provider discloses payment information or new arrangement information to