Section 42 — Credit Contracts and Consumer Finance Act 2003: Establishment fees

42 Establishment fees In determining whether an establishment fee is unreasonable, the Court must have regard to— (a) whether the amount of the fee is equal to or less than the creditor's reasonable costs in connection with the application for credit, processing and considering that application, documenting the consumer credit contract, and advancing the credit; or (b) whether the amount of the fee is equal to or less than the creditor's average reasonable costs of the matters referred to in paragraph (a) for the appropriate class of consumer credit contract. Compare: Consumer Credit Code s 72(3) (Appendix to Consumer Credit (Queensland) Act 1994 (Queensland))