Short term consumer credit

Section 6(1) of the National Credit Code sets out the scope of the exemption for short term credit:

The Code does not apply to the provision of credit if, under the contract:
(a) the provision of credit is limited to a total period that does not exceed 62 days; and
(b) the maximum amount of credit fees and charges that may be imposed or provided for does not exceed 5% of the amount
of credit; and
(c) the maximum amount of interest charges that may be imposed or provided for does not exceed an amount
(calculated as if the Code applied to the contract) equal to the amount payable if the annual percentage rate were 24% per
annum.

For the purpose of calculating the fee cap under section 6(1)(b), new subsections 6(2) and (3) capture fees and charges paid by the debtor to parties other than the credit provider, such as introduction fees.

The fees are included in the fee cap calculation whether or not there is an association between the person and the credit provider.

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