Australia National Credit Code (Schedule 1 to the National Consumer Credit Protection Act 2009)
Part 5: Ending and enforcing credit contracts, mortgages and guarantees – Australia National Credit Code (Schedule 1 to the National Consumer Credit Protection Act 2009)

Australia National Credit Code (Schedule 1 to the National Consumer Credit Protection Act 2009) s91-93: Do not repossess goods without court consent while less than 25 percent or $10,000 is owing, and operate an acceleration clause only after a compliant default notice with the acceleration statement

A credit provider must not take possession of mortgaged goods without the court's consent where the amount owing under the related credit contract is less than 25 percent of the credit provided or $10,000, whichever is less, except under a continuing credit contract or where it believes on reasonable grounds the goods are at risk (strict liability, 100 penalty units; the provider bears the onus of proving the exception). An acceleration clause operates only on default after a s 88 default notice that also states how the acceleration affects the liabilities and the accelerated pay out amount, and only once the remedy period has passed without remedy (unless the default cannot be remedied), with the same fraud, absence, court and at-risk exceptions. These rules sit alongside, not instead of, other mortgage enforcement law.

Maintained by Gerard Blokdyk

Other controls in Part 5: Ending and enforcing credit contracts, mortgages and guarantees – Australia National Credit Code (Schedule 1 to the National Consumer Credit Protection Act 2009)

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