Document ID: chunk:federal_register_of_legislation:C2012A00130:clause:3_5
Version: federal_register_of_legislation:C2012A00130
Segment Type: clause
Provision Reference: sch 3 cl 5
Character Range: 72036–72777

5  After subsection 118(3)
Insert:
 (3A) If the contract is a small amount credit contract (the relevant contract) and either of the following apply:
 (a) at the time of the preliminary assessment:
 (i) the consumer is a debtor under another small amount credit contract; and
 (ii) the consumer is in default in payment of an amount under that other contract;
 (b) in the 90‑day period before the time of the preliminary assessment, the consumer has been a debtor under 2 or more other small amount credit contracts;
then, for the purposes of paragraph (2)(a), it is presumed that the consumer could only comply with the consumer's financial obligations under the relevant contract with substantial hardship, unless the contrary is proved.