Document ID: chunk:federal_register_of_legislation:C2012A00130:clause:5_179d:p2
Version: federal_register_of_legislation:C2012A00130
Segment Type: clause
Provision Reference: sch 5 cl 179D (pt 2/2)
Character Range: 133692–134670

proceedings, if:
 (a) the lessor reasonably believes that it was induced by fraud on the part of the lessee to enter into the consumer lease; or
 (b) the lessor has made reasonable attempts to locate the lessee but without success; or
 (c) the court authorises the lessor to begin the enforcement proceedings; or
 (d) the lessor reasonably believes that the lessee has disposed of goods hired under the lease, or intends to dispose of such goods, contrary to the terms of the lease; or
 (e) the lessee becomes insolvent after entering into the consumer lease.

Non‑remedial default
 (4) If the lessor reasonably believes that a default is not capable of being remedied:
 (a) the default notice need only specify the default; and
 (b) the lessor may begin the enforcement proceedings after the period of 30 days from the date of the notice.

Strict liability
 (5) Subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.