Section 278 — Competition and Consumer Act 2010: Liability of suppliers and linked credit providers relating to linked credit contracts

(1) If a consumer who is a party to a linked credit contract suffers loss or damage as a result of: (a) a misrepresentation relating to the credit provided under that linked credit contract, or to a supply of goods or services (a related supply) to which that contract relates; or (b) a breach of the linked credit contract, or of a contract for a related supply; or (c) the failure of consideration in relation to the linked credit contract, or to a contract for a related supply; or (d) a failure to comply with a guarantee that applies, under section 54, 55, 56, 57, 60, 61 or 62, in relation to a related supply; or (e) a breach of a warranty that is implied in the linked credit contract by section 12ED of the Australian Securities and Investments Commission Act 2001; the linked credit provider who is a party to the contract, and the supplier of a related supply, are jointly and severally liable to the consumer for the amount of the loss or damage. (2) A linked credit contract is a contract that a consumer enters into with a linked credit provider of a person (the supplier) for the provision of credit in relation to: (a) the supply by way of sale, lease, hire or hire-purchase of goods to the consumer by the linked credit provider where the supplier supplies the goods, or causes the goods to be supplied, to the linked credit provider; or (b) the supply by the supplier of goods or services, or goods and services, to the consumer.