This legislation has been repealed.
(1) The Court may, on
application by a debtor or a guarantor, order that the credit provider pay to
the debtor or guarantor an amount by way of compensation for loss arising from
the contravention of a key requirement.
(2) The Court may only
order an amount to be paid by way of compensation if the debtor or guarantor
satisfies the Court that the debtor or guarantor has suffered a loss arising
from the contravention. The amount of compensation is not to exceed the amount
of the loss.
(3) The Court may not
make an order under this section if the debtor or guarantor has previously
obtained or been refused a civil penalty referred to in section 104 relating
to the same contravention.
(4) An amount payable
under this section does not affect the amount of penalty for the purposes of
section 105.