Document ID: chunk:federal_register_of_legislation:C2024C00826:section:133af
Version: federal_register_of_legislation:C2024C00826
Segment Type: section
Provision Reference: s 133AF
Character Range: 283403–284984

133AF  Defences to obligation to provide a Key Facts Sheet
 (1) For the purpose of applying subsection 133AD(2) or (3) to a failure by a licensee to provide a consumer with a Key Facts Sheet (the new Key Facts Sheet) for a standard home loan, it is a defence if:
 (a) the following conditions are satisfied:
 (i) the licensee has previously provided the consumer with a Key Facts Sheet (the previous Key Facts Sheet) for the standard home loan;
 (ii) the new Key Facts Sheet would be the same (except for its date) as the previous Key Facts Sheet; or
 (b) the licensee reasonably believes that:
 (i) another person has previously provided the consumer with a Key Facts Sheet (the previous Key Facts Sheet) for the standard home loan; and
 (ii) the new Key Facts Sheet would be the same (except for its date) as the previous Key Facts Sheet; or
 (c) the licensee reasonably believes that the consumer would not be eligible for the standard home loan; or
 (d) under regulations made for the purpose of subsection (2), the licensee is not required to provide the consumer with the new Key Facts Sheet.
Note: For the purpose of subsection 133AD(3), a defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).
 (2) The regulations may prescribe circumstances in which a licensee is not required to provide a consumer with a Key Facts Sheet for a standard home loan.

Part 3‑2B—Licensees that are credit providers under credit contracts: additional rules relating to credit card contracts

Division 1—Introduction