Document ID: chunk:federal_register_of_legislation:C2025C00096:section:23b:p2
Version: federal_register_of_legislation:C2025C00096
Segment Type: section
Provision Reference: s 23B (pt 2/2)
Character Range: 90451–92739

borrower, mortgagor or guarantor and, if so, the nature and extent of that unfair pressure, undue influence or unfair tactics;
 (l) whether the credit provider took measures to ensure that the borrower, mortgagor or guarantor understood the nature and implications of the transaction and, if so, the adequacy of those measures;
 (m) whether the terms of the transaction or the conduct of the credit provider is justified in the light of the risks undertaken by the credit provider;
 (n) the terms of other comparable transactions involving persons other than the credit provider who provide credit;
 (o) any other relevant matter.
 (2) In determining whether a term of a particular contract, mortgage or guarantee is unjust in the circumstances relating to it at the time it was entered into or changed, a court:
 (a) is to have regard to:
 (i) the fact that the relevant credit provider and the Commonwealth have entered into an agreement or arrangement for the provision by the credit provider of subsidised advances or other benefits under this Act; and
 (ii) the fact that the credit provider is required to provide a subsidised advance if the requirements of this Act and the agreement are satisfied; and
 (iii) the fact that the interest rates applicable to subsidised advances and loans secured by specified portfolio assets are determined under this Act; and
 (iv) the fact that, in some circumstances, the credit provider would not provide advances to an eligible person if the making of the advance were assessed on ordinary commercial lending criteria instead of the criteria set out in this Act or the agreement; but
 (b) is not to have regard to:
 (i) any inequality in bargaining power between the Corporation or the credit provider, and the borrower, that arose because the borrower was able to obtain a subsidised advance from the Corporation or credit provider and not from another financial institution; or
 (ii) the borrower's age.
 (3) For the purposes of paragraph (1)(f) or (g), a person is taken to have represented a mortgagor or guarantor if the person represented the mortgagor or guarantor, or assisted the mortgagor or guarantor to a significant degree, in the negotiations process before, or at, the time the mortgage or guarantee was entered into or changed.