This legislation has been repealed.
- As at 1 July 2010 - Act 69 of 1995 TABLE OF PROVISIONS Long Title PART 1 - PRELIMINARY 1. Name of Act 2. Commencement 3. Definitions 4. Conduct of agents PART 1A - REGULATION OF FINANCE BROKING Division 1 - Preliminary 4A. Object of Part 4B. Application of Part Division 2 - Finance broking contracts 4C. Finance broking contract must be in writing and must be given to client Division 3 - Commission 4D. Up-front commission prohibited 4E. Payment of commission depends on terms of consumer credit being the same as those agreed to 4F. Commission must not be greater than that disclosed or estimated in contract 4G. Finance broker may charge for costs even if client declines credit Division 4 - Records and fees 4H. Finance broker to keep records 4I. Valuation fees, credit application fees and credit establishment fees Division 5 - Consumer action 4J. Consumer action where contract breached, unjust conduct or excessive commission Division 6 - Court may take action 4K. Court action where contract breached, unjust conduct or excessive commission 4L. Court may order refund PART 2 - SUPERVISION OF THE PROVISION OF CONSUMER CREDIT AND FINANCE BROKING 5. Application 6. Requiring information 7. Failure to give information is an offence 8. Entry and inspection 9. Search warrants 10. Standards for entry and inspection PART 3 - DISCIPLINE FOR UNJUST CONDUCT Division 1 - Complaints 11. Object of Part 12. Complaints about a credit provider or finance broker 13. Investigation of complaints Division 2 - Disciplinary action 14. Undertakings 15. Notice to show cause 16. Person may make submission 17. Director-General may make further inquiries 18. Director-General may take further disciplinary action Division 3 - Prohibition orders 19. Prohibition orders 20. Application for variation or revocation of a prohibition order 21. Powers of credit provider or finance broker 22. Civil penalty 23. Criminal penalty Division 4 - Administration 24. Notification of decisions of Director-General 25. Register of disciplinary action taken 26. Award of costs by Director-General 27. Appeal against order PART 4 - INQUIRIES 28. Minister may order inquiry 29. Notice of inquiry 30. Appearances at inquiry 31. Procedure at inquiry 32. Powers of Tribunal at inquiry 33. Failure to appear at inquiry 34. Refusal to be sworn, produce document or answer question 35. Power to obtain information PART 5 - FUNCTIONS OF DIRECTOR-GENERAL IN RELATION TO PROCEEDINGS 36. Director-General may represent debtor or other person 37. Director-General may proceed for another 38. Conduct of proceedings taken by Director-General 39. Intervention by Minister or Director-General 40. Investigation of application to Tribunal PART 6 - OFFENCES 41. Offences by corporations 42. Persons who may take proceedings 43. Disposal of proceedings for offence 44. Limitation PART 7 - MISCELLANEOUS 45. Secrecy 46. Service of documents 47. Crown to be bound 48. Regulations 49. Repeals 50. (Repealed) 51. Savings and transitional provisions 52. Review of Act Schedule 1 (Repealed) SCHEDULE 2