Document ID: chunk:federal_register_of_legislation:C2024C00826:clause:1_31b
Version: federal_register_of_legislation:C2024C00826
Segment Type: clause
Provision Reference: sch 1 cl 31B
Character Range: 799318–800464

31B  Credit provider or prescribed person must not require or accept payment of a fee or charge in relation to a small amount credit contract etc.
 (1) A credit provider, or a person prescribed by the regulations, must not require or accept payment by the debtor of a fee or charge in relation to:
 (a) a small amount credit contract; or
 (b) the provision of the amount of credit under a small amount credit contract; or
 (c) a thing that is connected with a small amount credit contract or the provision of the amount of credit under such a contract.
Criminal penalty: 100 penalty units.
 (2) Subsection (1) does not apply if the fee or charge is:
 (a) a fee or charge that may be imposed or provided for by the small amount credit contract under section 31A; or
 (b) a fee or charge prescribed by the regulations.
 (3) If a credit provider or person contravenes subsection (1):
 (a) the debtor is not liable (and is taken never to have been liable) to make the payment to the credit provider or person; and
 (b) the debtor may recover as a debt due to the debtor the amount of any payment made by the debtor to the credit provider or person.