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42653gon-1086act7of-2019natcreditamendact.pdf | 380.73 KB |
7 of 2019
The National Credit Amendment Act 7 of 2019 intends:
- to amend the National Credit Act, 2005, so as:
- to provide for debt intervention;
- to insert new definitions;
- to include the evaluation and referral of debt intervention applications as a function of the National Credit Regulator and to provide for the creation of capacity within the National Credit Regulator and logistical arrangements to execute this function;
- to include the consideration of a referral as a function of the Tribunal;
- to provide for the recordal of information related to debt intervention;
- to require a debt counsellor to investigate whether an agreement is reckless;
- to provide for a court to enquire into and either refer a matter for debt intervention or make an order related to debt intervention;
- to provide for a Magistrate’s Court and the Tribunal to determine the maximum interest, fees or other charges when re-arranging debt and for guidance to be prescribed in this regard;
- to provide for an application for debt intervention and the evaluation thereof;
- to provide for the Tribunal to re-arrange a consumer’s obligations and make an order in respect of an unlawful credit agreement;
- to provide for orders related to debt intervention and rehabilitation in respect of such an order;
- to provide for mandatory credit life insurance to be prescribed;
- to provide for offences related to debt intervention, prohibited credit practices, selling or collecting prescribed debt and related to failure to register as required by the Act;
- to provide for measures when an offence is committed by a person other than a natural person;
- to provide for penalties in relation to the newly created offences;
- to provide for the Tribunal to change or rescind an order under certain circumstances;
- to require the Minister to make regulations related to a financial literacy programme;
- to provide in a transitional provision for the application of this Amendment Act to credit agreements entered into before its commencement; and
- to provide for matters connected therewith.
Commencement
Comes into operation on a date fixed by the President by proclamation in the Gazette