Document ID: chunk:federal_register_of_legislation:C2025C00096:section:23h
Version: federal_register_of_legislation:C2025C00096
Segment Type: section
Provision Reference: s 23H
Character Range: 96526–97962

23H  Exceptions
 (1) This Part does not apply to:
 (a) a change to a contract, mortgage or guarantee if the change was made by, or as a result of, the enactment of this Part, section 35A, any other Act or an amendment of the agreement; or
 (b) a contract, mortgage or guarantee under which the borrower, mortgagor or guarantor is not an individual; or
 (c) a contract under which the borrower is borrowing for a purpose that is not wholly or predominantly a personal, domestic or household purpose; or
 (d) a mortgage or guarantee that secures or guarantees obligations under a contract:
 (i) under which the borrower is not an individual; or
 (ii) under which the borrower is borrowing for a purpose that is not wholly or predominantly a personal, domestic or household purpose; or
 (e) a contract, mortgage or guarantee that was entered into before the commencement of this paragraph.
 (2) For the purposes of this section:
 (a) investment by a borrower is not a personal, domestic or household purpose; and
 (b) the predominant purpose for which an individual is borrowing is:
 (i) the purpose for which more than one‑half of the amount borrowed is intended to be used; or
 (ii) if the amount borrowed is intended to be used to obtain goods, services or rights in relation to, or interests in, real property for use for different purposes—the purpose for which the goods, services, rights or interests are intended to be most used.