Document ID: chunk:federal_register_of_legislation:C2011A00084:clause:1_133bf
Version: federal_register_of_legislation:C2011A00084
Segment Type: clause
Provision Reference: sch 1 cl 133BF
Character Range: 20462–22611

133BF  Informed consent of the consumer to the making of credit limit increase invitations
 (1) For the purposes of applying subsections 133BE(1), (2) and (3) to the making of a credit limit increase invitation, it is a defence if:
 (a) the licensee has, in accordance with this section, obtained express consent, from the consumer who is the debtor under the credit card contract, to the licensee making credit limit increase invitations; and
 (b) the consent has not been withdrawn in accordance with this section.
Note 1: The consent must be express, and cannot be implied from the actions of the consumer or from other circumstances.
Note 2: The licensee must keep records of consents and withdrawals: see section 133BG.
Note 3: For the purposes of subsections 133BE(2) and (3), a defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).
 (2) The consumer may consent to the licensee making credit limit increase invitations.
 (3) The consent must be expressed to relate to any credit limit increase invitations that the licensee may, from time to time, make to the consumer.
Note: A consent expressed in more limited terms is not effective for the purpose of this section.
 (4) Before obtaining the consumer's consent, the licensee must inform the consumer of the following matters:
 (a) that the consumer has a discretion whether to apply for any increase of the credit limit;
 (b) that the licensee has a discretion whether to grant any increase applied for;
 (c) that the consumer may withdraw the consent at any time;
 (d) any other matters prescribed by the regulations.
 (5) The consent may be obtained before or after the credit card contract is entered into, but it does not cover any credit limit increase invitation made before the consent is obtained.
 (6) The consumer may withdraw the consent at any time.
 (7) The regulations may prescribe requirements to be complied with in relation to any of the following:
 (a) giving consent under subsection (2) or withdrawing consent under subsection (6);
 (b) informing the consumer of matters under subsection (4).