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STANDING COMMITTEE OF OFFICIALS OF CONSUMER AFFAIRS
CONSUMER CREDIT CODE
STATEMENT OF ENFORCEMENT POLICY
GOVERNMENT FEES, CHARGES AND DUTIES
The Consumer Credit (Queensland) Amendment Act 2002 inserts into the
Consumer Credit Code a new Part 9A, which provides for the mandatory disclosure
of comparison rates:
- in advertisements for fixed term credit which feature an annual percentage
rate, and
- in comparison rate schedules which are to be made available to consumers.
Section 33F of the Consumer Credit Amendment Regulation (No. 1) 2003,
which sets out the formula to be used to calculate comparison rates, provides
that the comparison rate is to include all credit fees or charges that are ascertainable
at the time the comparison rate is disclosed, other than government fees, charges
or duties.
Questions have arisen regarding the status of service charges charged by service
providers who are contracted by Government agencies to deal with the public
on the agency's behalf.
The Standing Committee of Officials of Consumer Affairs(SCOCA) has endorsed
the following enforcement approach by government consumer agencies in relation
to this issue:
If a Government agency to which a fee or charge must be paid deals with
the public only through a contracted service provider, any service charges
paid to this service provider should be considered to be a government fee
or charge for the purposes of the comparison rate formula.
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