Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(see s 2)
Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• ACAT
• ACT
• bank
• Chief Minister
• corporation
• Corporations Act
• daily newspaper
• disallowable instrument
• Executive
• individual
• lawyer
• notifiable instrument
• person
• prescribed
• State.
"acceptable rate of interest", in relation to a loan contract or a continuing credit contract, means an annual percentage rate that the credit provider agrees to accept so long as the debtor duly observes and performs the terms of the contract.
"account charge", in relation to a continuing credit contract, means—
(a) in relation to the 12 months after the contract is made—the sum (not exceeding $150 or, if some other amount is prescribed, that other amount) of—
(i) any amount that, under the contract, is payable by the debtor to the credit provider as the fixed fee or other charge for entering into the contract; and
(ii) any amount that, under the contract, is payable by the debtor to the credit provider as the fixed annual fee or other annual charge in relation to that period; or
(b) in relation to any other period of 12 months—any amount (not exceeding $90 or, if some other amount is prescribed, that other amount) that, under the contract, is payable by the debtor to the credit provider as the fixed annual fee or other annual charge in relation to that period.
"accrued credit charge", in relation to a credit sale contract or a loan contract at a particular time, means—
(a) the minimum credit charge; or
(b) the amount of any credit charge that, under the contract, has accrued at that time calculated as provided in section 11;
whichever is the greater.
"actuarial method", in relation to a calculation for the purposes of a credit contract other than a continuing credit contract, means the method under which—
(a) it is assumed that all payments by the debtor under the contract will be made on the respective dates when they fall due and that credit will be provided at the time or times determined under the contract; and
(b) payments by the debtor under the contract are allocated between the amount of the credit charge and the amount financed so that each payment is applied first to the accrued credit charge at the date when the payment is due and—
(i) if the amount of the payment is greater than the amount of the accrued credit charge on the date when the payment is made—the remaining amount of the payment is applied to the unpaid balance of the amount financed; or
(ii) if the amount of the payment is less than the amount of the accrued credit charge on the date when the payment is made—the amount of the difference between the payment and the accrued credit charge is added to the unpaid balance of the amount financed.
"Administration Act" means the Consumer Credit (Administration) Act 1996.
"agreement", in relation to the payment by a debtor for services supplied by another person—see section 9.
"amount financed" means—
(a) in relation to a regulated credit sale contract, the sum of—
(i) the balance of the cash price required to be stated in accordance with schedule 2, clause 1 (c); and
(ii) the total of the amounts required to be stated in accordance with schedule 2, clause 1 (d) to (i); or
(b) in relation to any other credit sale contract, the sum of—
(i) the cash price (less any deposit); and
(ii) amounts payable under the contract by the debtor to the credit provider that, if the contract were a regulated credit sale contract, would be required to be stated in accordance with schedule 2, clause 1 (d) to (i); or
(c) in relation to a regulated loan contract, the sum of the amounts required to be stated in accordance with schedule 4, clause 1; or
(d) in relation to any other loan contract, the sum of—
(i) the amount agreed under the contract to be lent; and
(ii) amounts payable under the contract by the debtor to the credit provider that, if the contract were a regulated loan contract, would be required to be stated in accordance with schedule 4, clause 1 (b) to (f).
"annual percentage rate"—
(a) for this Act generally—see section 10; and
(b) in relation to a continuing credit contract—see section 55 (1).
"billing cycle"—see section 50 (1).
body corporate does not, except for a credit provider or finance broker that is a body corporate, include—
(a) an owners corporation within the meaning of the Unit Titles Act 2001, if all or a majority of the units are intended to be homes; or
(b) a company owning an interest in land and having a memorandum or articles of association conferring on owners of shares in the company the right to occupy certain parts of a building erected on that land, all or the majority of which parts are intended to be dwellings; or
(c) when acting under the Bankruptcy Act 1966 (Cwlth) in relation to the affairs of a debtor, guarantor or mortgagor—the trustee within the meaning of that Act; or
(d) when acting as executor, administrator or trustee of the estate of a debtor, guarantor or mortgagor—
(i) the curator within the meaning of the Administration and Probate Act 1929; and
(ii) the public trustee within the meaning of the Public Trustee Act 1985; and
(iii) a trustee company within the meaning of the Trustee Companies Act 1947.
"buyer", for part 2 (Contracts of sale)—see section 20 (2).
"carrying on business of providing credit"—see section 16.
"cash" includes cheques.
"cash price", in relation to a contract of sale of, or credit sale contract relating to, goods and services, means—
(a) unless the contract is one to which paragraph (b), (c) or (d) applies—the price payable under the contract for the goods and services; or
(b) if, under the contract, credit for the payment for the goods and services is, or is to be, provided by the supplier or by a linked credit provider of the supplier and, at the time when the contract is made, the goods and services are available for purchase from the supplier for cash—the lowest price at which at that time the buyer might have bought the goods and services from the supplier for cash; or
(c) if, under the contract, credit for the payment for the goods and services is, or is to be, provided by the supplier or by a linked credit provider of the supplier and, at the time when the contract is made, the goods and services are reasonably available for purchase for cash but are not available for purchase from the supplier for cash—the price at which at that time the buyer might reasonably have bought goods and services of that kind for cash; or
(d) if, under the contract, credit for the payment for the goods and services is, or is to be, provided by the supplier or by a linked credit provider of the supplier and, at the time when the contract is made, the goods and services are not reasonably available for purchase for cash—the amount that is—
(i) for a sale of goods—the reasonable value at that time of the goods; or
(ii) for a sale of services—the reasonable value at that time of the services (whether or not they have been supplied); or
(iii) for a contract of sale that is a sale of both goods and services—the sum of the reasonable value at that time of the goods and the reasonable value at that time of the services (whether or not they have been supplied); or
(e) if some other price is prescribed in relation to the contract—that price.
"chargeable amount", for division 3.2 (Continuing credit contracts)—see section 52 (1).
"commercial vehicle" means—
(a) a motor vehicle within the meaning of the Road Transport (General) Act 1999 constructed or adapted principally for the carriage of goods, but does not include a motor vehicle of the kind known as a utility, a station wagon or a panel van; and
(b) a vehicle without motive power of its own and constructed or adapted principally for the carriage of goods and for being drawn by a motor vehicle within the meaning of that Act.
"commission charge", in relation to a regulated credit sale contract or a regulated loan contract, means an amount paid or payable (whether directly or indirectly and whether or not under an agreement or undertaking) by way of commission or as a payment in the nature of a commission (however described), being an amount—
(a) that is paid or payable in relation to the introduction of the debtor to the credit provider and paid or payable by the credit provider or the domestic partner of the credit provider or, if the credit provider is a body corporate, the credit provider or a related body corporate within the meaning of the Corporations Act; or
(b) that is paid or payable in connection with a contract—
(i) that is connected with the regulated credit sale contract or regulated loan contract; and
(ii) the consideration for which is wholly or partly included within the amount financed.
Note For the meaning of domestic partner, see Legislation Act, s 169.
"commissioner" means the commissioner for fair trading.
"compulsory insurance", in relation to goods, means any insurance in relation to liability in relation to death or bodily injury caused by or arising out of the use of the goods, being insurance required by the law of the place where the goods are, or are being, or are to be, used.
"continuing credit contract"—
(a) for this Act generally—see section 48 (2); and
(b) for part 3 (Regulated contracts)—see section 49.
"contract", in relation to the payment by a debtor for services supplied by another person—see section 9.
"contract for the hiring of goods" includes a contract for the lease of goods or for the grant of a licence to use goods and any other contract for the bailment of goods.
"contract of guarantee", for part 10 (Home finance contracts)—see section 150.
"contract of sale", for part 2 (Contracts of sale)—see section 20 (1).
"court", in relation to a contract or other matter—see section 6 (1).
"credit" includes any form of financial accommodation other than—
(a) credit provided to a debtor, for the purposes of a business carried on by him or her, by—
(i) a documentary letter of credit; or
(ii) discounting, or becoming a party to or the holder of, a bill of exchange or other negotiable instrument; or
(iii) becoming surety for a debtor; or
(b) credit provided for the purchase of goods for resupply; or
(c) credit provided for the purchase of goods that—
(i) are raw materials; or
(ii) are ordinarily acquired for the purpose of treating or repairing other goods or fixtures on land, or of being incorporated in other goods;
for the purposes of transforming them, or incorporating them in other goods—
(iii) in trade or commerce; or
(iv) in a process of production or manufacture; or
(v) in the course of treating or repairing other goods or fixtures on land; or
(d) credit provided for the purchase of services, if the buyer has contracted to provide those services, or goods and services that include those services, to a third person; or
(e) in relation to a loan contract—see section 15; or
(f) any prescribed transaction.
Note Credit, for part 10 (Home finance contracts)—see s 150.
"credit charge"—
(a) for this Act generally—see section 11; and
(b) in relation to a billing cycle of a continuing credit contract—see section 54 (1).
"credit contract" means—
(a) a credit sale contract; or
(b) a loan contract; or
(c) a continuing credit contract.
"credit provider" means—
(a) in relation to a credit contract—the person who provides credit under the contract in the course of a business carried on by that person; and
(b) in relation to a proposed credit contract—the person who is to provide credit under the contract in the course of a business carried on by that person; and
(c) in relation to a home finance contract, for part 10 (Home finance contracts)—see section 150.
"credit sale contract" means, subject to sections 13, 14 and 30 (1), a contract of sale of goods and services if, in relation to the payment for the goods and services, credit is, or is to be, provided to a debtor, being a buyer but other than a body corporate, by a supplier in the course of a business carried on by the supplier and, under the contract—
(a) a charge is made for the provision of credit; or
(b) the amount payable by the buyer is not required to be paid within 4 months after the date credit is provided under the contract; or
(c) the amount payable by the buyer may be paid by 5 or more instalments or by a deposit and 4 or more instalments;
other than a contract included in a class of contracts prescribed as being contracts that are not credit sale contracts within the meaning of this Act.
"cross-claim" means a claim (whether by way of counterclaim, set-off or otherwise) included in a defence or other document filed by a defendant in a proceeding.
"daily percentage rate", in relation to a credit sale contract or a loan contract, means the rate determined by dividing the annual percentage rate under the contract by 365.
"debtor" means—
(a) in relation to a credit contract—the person to whom credit is provided under the contract; and
(b) in relation to a proposed credit contract—the person to whom credit is to be provided under the contract; and
(c) in relation to a home finance contract, for part 10 (Home finance contracts)—see section 150.
"default charge" means—
(a) in relation to a regulated credit sale contract or a regulated loan contract—a charge made by a credit provider in accordance with section 72; and
(b) in relation to any other credit contract—an amount payable under the contract by the debtor because of his or her failure to fulfil his or her obligations under the contract, other than an amount payable under the contract otherwise than because of that failure.
"deferral charge" means—
(a) in relation to a regulated credit sale contract or a regulated loan contract—a charge made by a credit provider in relation to the deferral of the payment of an amount in accordance with section 71; and
(b) in relation to any other credit sale contract or loan contract—a charge made by a credit provider in relation to the deferral of the payment of an amount payable under the contract by the debtor.
"deposit" means—
(a) in relation to a credit sale contract relating to goods—an amount that, under the contract, was paid or payable by the buyer to the supplier on or before the delivery of the goods or, if the delivery is not completed on 1 day, on or before the beginning of the delivery; or
(b) in relation to a credit sale contract relating to services—an amount that, under the contract, was paid or payable by the buyer to the supplier on or before the beginning of the supply of the services; or
(c) in relation to a credit sale contract relating to goods and services—an amount that, under the contract, was paid or payable by the buyer to the supplier on or before the beginning of the delivery or supply of the goods and services;
and, if there is a trade-in allowance, includes the trade-in allowance.
"discharge", in relation to a contract, means discharge of the contract, so far as it is executory, otherwise than by agreement or frustration.
"enforcement expense" means—
(a) in relation to a regulated contract—an amount that, subject to section 76, the debtor is liable to pay to the credit provider in relation to the exercise of a right under the contract arising from the default of the debtor; and
(b) in relation to a regulated mortgage—an amount that, subject to section 93, the mortgagor is liable to pay to the mortgagee in relation to the exercise by the mortgagee of a right under the mortgage arising from the default of the mortgagor; and
(c) in relation to any other credit contract or mortgage—an amount expended or the amount of a liability incurred by the credit provider or mortgagee under the contract or mortgage to remedy a default of the debtor or mortgagor or in the exercise of rights of the credit provider or mortgagee under the contract or mortgage arising because of the default.
"estimated credit charge", in relation to a credit sale contract or a loan contract under which the whole or a part of the credit charge is a credit charge other than a predetermined credit charge or a minimum credit charge, means the amount of that whole or part that, when the contract is made, is an amount that can be calculated—
(a) on the assumption that all amounts payable under the contract are paid on the respective dates when, under the contract, they are required to be paid; or
(b) in accordance with an applicable method prescribed for the purposes of calculating estimated credit charges.
"exempt credit provider" means a credit provider who is exempt from registration under the Administration Act, division 2.1.
"farm machinery" means—
(a) a harvester, binder, tractor, plough or other agricultural implement; or
(b) any other implement or goods of a class commonly used for the purposes of a farming undertaking, as prescribed;
being an implement or goods acquired for the purposes of a farming undertaking.
"farming undertaking" includes—
(a) any agricultural, apicultural, dairy farming, horticultural, orcharding, pastoral, poultry keeping, viticultural or other business involving the cultivation of the soil, the gathering of crops or the rearing of livestock; and
(b) the business of taking fish, crustacea, oysters or any other marine, estuarine or freshwater animal life; and
(c) the cutting of timber for sale; and
(d) any class of business prescribed as a farming undertaking.
"finance broker" means a person who, whether or not carrying on any other business, carries on the business of finance broking.
"finance broking" means negotiating, or acting as intermediary to obtain, credit for persons other than an employer or principal of the person so negotiating or acting.
"financial institution" means—
(a) a building society or credit union; or
(b) a trading society, or a housing and services society, registered under the Co-operative Societies Act 1939; or
(c) a body (however described) registered or incorporated under a law of a State or another Territory corresponding to the Co-operative Societies Act 1939.
"goods" includes—
(a) all chattels personal other than things in action and money; and
(b) fixtures severable from the realty; and
(c) any present or future product of a farming undertaking, including any agricultural or horticultural produce, wool and the increase or progeny of stock;
but does not include any goods of a class or description prescribed as being goods that are not goods within the meaning of this Act.
"goods and services" includes—
(a) goods; or
(b) services.
"guarantee" includes indemnity.
"guarantor" means a person who enters into a contract of guarantee in relation to the performance by a debtor or mortgagor of his or her obligations under a credit contract or mortgage or a person who enters into a contract of indemnity in relation to a credit contract or mortgage but does not include a body corporate or—
(a) a person who is the supplier, or domestic partner of the supplier, of goods and services to which the contract or mortgage relates or, if the supplier is a body corporate, a person who is a director or officer of the body corporate or is a related body corporate within the meaning of the Corporations Act or a director or officer of such a related body corporate or domestic partner of such a director or officer; or
(b) a person who enters into a contract of guarantee or a contract of indemnity—
(i) in relation to the obligations under a credit contract of a person who deals in goods and services of the kind to which the contract relates; or
(ii) in relation to the obligations of a debtor under a loan contract made for the purposes of the acquisition of goods of a kind in which the debtor deals.
Note For the meaning of domestic partner, see Legislation Act, s 169.
"guarantor", for part 10 (Home finance contracts)—see section 150.
"home", for part 10 (Home finance contracts)—see section 150.
"home finance contract", for part 10 (Home finance contracts)—see section 150.
"instalment" does not include a deposit.
"judgment" includes order.
"linked credit provider", in relation to a supplier, means a credit provider—
(a) with whom the supplier has a trade or tie agreement; or
(b) to whom the supplier, by arrangement with the credit provider, regularly refers persons for the purpose of obtaining credit; or
(c) whose forms of contract or forms of application or offers for credit are, by arrangement with the credit provider, made available to persons by the supplier; or
(d) with whom the supplier has an agreement or arrangement, whether formal or informal, under which contracts or applications or offers for credit from the credit provider may be signed by persons at the premises of the supplier.
"loan contract", subject to sections 15 and 30 (2), means a contract under which a person in the course of a business carried on by him or her provides or agrees to provide credit to another person, other than a body corporate, in any of the following ways:
(a) by paying an amount to, or in accordance with the instructions of, that other person;
(b) by paying an amount in satisfaction or reduction of an amount owed to the person by that other person;
(c) by varying the terms of a contract under which money owed to the person by that other person is payable;
(d) by deferring an obligation of that other person to pay an amount to the person;
(e) by taking from that other person a bill of exchange or other negotiable instrument on which that other person (whether alone or with another person or other persons) is liable as drawer, acceptor or endorser.
"minimum credit charge" in relation to a credit sale contract or a loan contract, means the amount (if any) that, under the contract, is the minimum amount payable to the credit provider by the debtor under the contract as a credit charge.
"mortgage" means an instrument or transaction by or under which a security interest is reserved or created or otherwise arises.
"mortgage", for part 4 (Regulated mortgages)—see section 89.
"net balance", due to a credit provider at a particular time, for part 5 (Termination and enforcement of regulated contracts and regulated mortgages)—see section 103 (1).
"officer", in relation to a body corporate, includes a person who is an officer of a body corporate within the meaning of the Corporations Act, section 9.
"outstanding balance", of an amount, charge or expense, for part 5 (Termination and enforcement of regulated contracts and regulated mortgages)—see section 103 (2).
"pastoral finance company" means a person carrying on a business of financing pastoral pursuits or a business of stock or station agents to whom an order in force under the Banking Act 1959 (Cwlth), section 11 applies.
"person who buys or proposes to buy goods and services", for part 2 (Contracts of sale)—see section 20 (2).
"predetermined credit charge", in relation to a credit contract that specifies a fixed amount as the whole or part of the credit charge (other than a minimum credit charge), means that fixed amount.
"proceeding", in relation to the ACAT, includes any matter arising for determination by the ACAT under this Act.
"property" includes any thing in action and any interest in real or personal property.
"recognised State" means a State or Territory in relation to which a declaration referred to in section 17 is in force.
"record" includes any book, account, document, paper or other source of information compiled, recorded or stored in written form, or on microfilm, or by electronic process or in any other way or by any other means.
"registration fee", in relation to goods, means an amount payable under the law of a State or Territory in connection with the registration or use of the goods, including any amount payable for compulsory insurance.
"regulated continuing credit contract" means a continuing credit contract to which part 3 applies.
"regulated contract" means a regulated credit sale contract, regulated loan contract or regulated continuing credit contract.
"registered credit provider" means a credit provider who is registered under the Administration Act, section 12.
"regulated credit sale contract" means a credit sale contract to which part 3 applies.
"regulated loan contract" means a loan contract to which part 3 applies.
"regulated mortgage" means a mortgage to which part 4 applies.
"rescind", in relation to a contract, means avoid the contract as from its beginning.
"resupply", in relation to goods bought from a person, includes—
(a) a supply of the goods to another person in an altered form or condition; and
(b) a supply to another person of goods in which the firstmentioned goods have been incorporated.
"security interest" means an interest or a power—
(a) reserved in or over an interest in goods or other property; or
(b) created or otherwise arising in or over an interest in goods or other property under a bill of sale, mortgage, charge, lien, pledge, trust or power;
by way of security for the payment of a debt or other pecuniary obligation or the performance of any other obligation but does not include an interest or a power reserved, created or otherwise arising under a contract for the hiring of goods that is not by section 13 deemed to be a credit sale contract.
"services" includes the rights and benefits that are, or are to be, supplied under—
(a) a contract for or involving—
(i) the performance of work (including work of a professional nature); or
(ii) the provision of, or the use or enjoyment of, facilities for amusement, entertainment, recreation or instruction; or
(b) a contract of insurance (including life assurance); or
(c) a contract under which 1 person grants or confers, or purports to grant or confer, a franchise or other right, benefit or privilege to 1 or more other persons in consideration of the investment by that other person, or those other persons, of money and the performance by him or her or them of work associated with that investment;
whether the contract is express or implied and, if it is express, whether it is oral or in writing and whether the services are supplied to order or by making them available to potential users, but does not include—
(d) the provision of credit; or
(e) any rights or benefits of a prescribed class or description that are prescribed as being rights or benefits that are not services within the meaning of this Act; or
(f) any rights or benefits that are, or are to be, supplied under a contract of a prescribed class or description and are prescribed as being rights or benefits that are not services within the meaning of this Act.
"statutory rebate" means—
(a) in relation to insurance charges, other than prescribed insurance charges, included in the amount financed under a regulated contract, the sum of—
(i) the amount of premium paid in relation to a period of the insurance contract not yet begun; and
(ii) 90% of the proportion of the amount of the premium for insurance paid in relation to the current period of the insurance contract attributable to the unexpired part of that period consisting of whole months; and
(b) in relation to prescribed insurance charges included in the amount financed under a regulated contract—the amount ascertained in the prescribed way; and
(c) in relation to maintenance charges included in the amount financed under a regulated contract in relation to maintenance of goods—the amount derived by multiplying the amount of maintenance charges by the number of whole months in the unexpired part of the period for which maintenance is agreed to be provided and dividing the product so obtained by the number of whole months for which maintenance is agreed to be provided.
"supplier" means—
(a) in relation to a contract of sale, a credit sale contract or a contract for the hiring of goods—a person who supplies goods and services; or
(b) in relation to a continuing credit contract—a person who makes cash advances or supplies goods and services or cash.
"supply" includes—
(a) in relation to goods, supply (including resupply) by way of sale or exchange; and
Note Resupply—see the dictionary.
(b) in relation to services, provide, grant or confer.
"tied continuing credit contract"—see section 12 (2).
"tied loan contract"—see section 12 (1).
"trade-in allowance", in relation to a contract of sale of goods and services, means an amount by which the cash price or amount payable under the contract is, or is to be, reduced in relation to an interest in property sold or transferred or agreed to be sold or transferred to the supplier or another person.
"trade or tie agreement", in relation to a credit provider and a supplier, means an agreement or arrangement, whether formal or informal, relating to—
(a) the supply to the supplier of goods and services in which the supplier deals; or
(b) the business of supplying goods and services carried on by the supplier; or
(c) the provision of credit to purchasers in relation to the payment for goods and services supplied by the supplier.
"unjust", for a contract or mortgage, for part 9 (Reopening of contracts)—see section 145.
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
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am = amended |
ord = ordinance |
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amdt = amendment |
orig = original |
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ch = chapter |
par = paragraph/subparagraph |
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def = definition |
pres = present |
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dict = dictionary |
prev = previous |
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disallowed = disallowed by the Legislative |
(prev...) = previously |
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Assembly |
pt = part |
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div = division |
r = rule/subrule |
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exp = expires/expired |
renum = renumbered |
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Gaz = gazette |
reloc = relocated |
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hdg = heading |
R[X] = Republication No |
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IA = Interpretation Act 1967 |
RI = reissue |
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ins = inserted/added |
s = section/subsection |
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LA = Legislation Act 2001 |
sch = schedule |
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LR = legislation register |
sdiv = subdivision |
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sub = substituted |
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mod = modified/modification |
SL = Subordinate Law |
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o = order |
underlining = whole or part not commenced |
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om = omitted/repealed |
or to be expired |
This Act was originally a Commonwealth ordinance—the Credit Ordinance 1985 No 5 (Cwlth).
The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).
As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 No 21, s 5 on 11 May 1989 (self-government day).
Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).
Legislation before becoming Territory enactment
Credit Act 1985 No 5
notified 26 February 1985
s 1, s 2 commenced 26 February 1985 (s 2 (1))
ss 3-155, 156 (1)-(3), 157-178, 179 (1), (2) (b), (c), (3), (4), 180-243 and 245-266 commenced 28 February 1985 (s 2 (2) and Cwlth Gaz 1985 No S59)
ss 156 (4)-(6) commenced 10 June 1987 (s 2 (2) and Cwlth Gaz 1987 No GN6 p 231)
s 179 (2) (a) commenced 1 November 1987 (s 2 (2) and Cwlth Gaz 1987 No S295)
s 244 (never commenced and om 2001 No 56 amdt 3.238)
as amended by
Credit (Amendment) Ordinance 1985 No 39
notified 20 August 1985
commenced 21 August 1985 (s 2)
Credit (Amendment) Ordinance (No 2) 1985 No 60
notified 14 November 1985
commenced 14 November 1985
Magistrates Court Ordinance 1985 No 67 sch pt 1
notified 19 December 1985
commenced 1 February 1986 (s 2 and Cwlth Gaz 1986 No G3)
Credit (Amendment) Ordinance 1986 No 29
notified 31 July 1986
commenced 1 September 1986 (Cwlth Gaz 1986 No S423)
Credit (Amendment) Ordinance (No 2) 1986 No 30
notified 31 July 1986
commenced 1 September 1986 (Cwlth Gaz 1986 No S423)
Credit (Amendment) Ordinance (No 3) 1986 No 56
notified 26 September 1986
commenced 26 September 1986
Credit (Amendment) Ordinance (No 4) 1986 No 72
notified 30 October 1986
commenced 1 March 1987 (Cwlth Gaz 1987 No G6 p 518)
Credit (Amendment) Ordinance 1987 No 4
notified 24 February 1987
commenced 24 February 1987
Credit (Amendment) Ordinance 1988 No 76
notified 9 November 1988
commenced 9 November 1988
Self-Government (Consequential Amendments) Ordinance 1989 No 38 sch 1
notified 10 May 1989 (Cwlth Gaz 1989 No S160)
s 1, s 2 commenced 10 May 1989 (s 2 (1))
sch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989 No S164)
Remuneration (Miscellaneous Amendments) Ordinance 1989 No 50 sch
notified 10 May 1989 (Cwlth Gaz 1989 No S160)
commenced 10 May 1989
Legislation after becoming Territory enactment
Credit (Amendment) Act 1990 No 6
notified 9 April 1990 (Gaz 1990 No S14)
s 4, s 5 commenced 28 February 1985 (s 2 (2))
remainder commenced 9 April 1990 (s 2 (1))
Magistrates and Coroner's Courts (Registrar) Act 1991 No 44 s 7 (2), sch 1
notified 20 September 1991 (Gaz 1991 No S95)
s 1, s 2 commenced 20 September 1991 (s 2 (1))
s 7 (2), sch 1 commenced 25 September 1991 (s 2 (2) and Gaz 1991 No S103)
Credit (Amendment) Act 1991 No 97
notified 24 December 1991 (Gaz 1991 No S155)
ss 1-3 commenced 24 December 1991 (s 2 (1))
s 6 commenced 24 December 1991 (s 2 (2) and Gaz 1991 No S155)
remainder commenced 28 February 1985 (s 2 (4))
Workers' Compensation (Consequential Amendments) Act 1991 No 106 sch
notified 15 January 1992 (Gaz 1992 No S3)
s 1, s 2 commenced 15 January 1992 (s 2 (1))
sch commenced 22 January 1992 (s 2 (2) and see Gaz 1992 No S9)
Bail (Consequential Amendments) Act 1992 No 9 sch
notified 28 May 1992 (Gaz 1992 No S59)
s 1, s 2 commenced 28 May 1992 (s 2 (1))
sch commenced 28 November 1992 (s 2 (3))
Statute Law Revision (Miscellaneous Provisions) Act 1992 No 23 sch 1
notified 4 June 1992 (Gaz 1992 No S71)
commenced 4 June 1992
Financial Institutions (Consequential Amendments) Act 1992 No 30 sch 1
notified 1 July 1992 (Gaz 1992 No S92)
commenced 1 July 1992 (s 2 and see Gaz 1992 No S92)
Statute Law Revision (Miscellaneous Provisions) Act 1993 No 1 sch 1
notified 1 March 1993 (Gaz 1993 No S23)
commenced 1 March 1993
Acts Revision (Position of Crown) Act 1993 No 44 sch 1
notified 27 August 1993 (Gaz 1993 No S165)
commenced 27 August 1993 (s 2 and see Gaz 1993 No S165))
Statute Law Revision Act 1994 No 26 sch
notified 31 May 1994 (Gaz 1994 No S93)
commenced 31 May 1994 (s 2)
Public Sector Management (Consequential and Transitional Provisions) Act 1994 No 38 sch 1 pt 20
notified 30 June 1994 (Gaz 1994 No S121)
s 1, s 2 commenced 30 June 1994 (s 2 (1))
sch 1 pt 20 commenced 1 July 1994 (s 2 (2) and Gaz 1994 No S142)
Credit (Amendment) Act 1994 No 50
notified 5 October 1994 (Gaz 1994 No S196)
ss 1-3, s 16 commenced 5 October 1994 (s 2 (1))
s 4 (a) commenced 1 July 1992 (s 2 (2))
s 12 commenced 28 February 1985 (s 2 (3))
remainder commenced 5 October 1994 (s 2 (4) and Gaz 1994 No S209)
Administrative Appeals (Consequential Amendments) Act 1994 No 60 sch 1
notified 11 October 1994 (Gaz 1994 No S197)
s 1, s 2 commenced 11 October 1994 (s 2 (1))
sch 1 commenced 14 November 1994 (s 2 (2) and see Gaz 1994 No S250)
Statutory Offices (Miscellaneous Provisions) Act 1994 No 97 sch pt 1
notified 15 December 1994 (Gaz 1994 No S280)
s 1, s 2 commenced 15 December 1994 (s 2 (1))
sch pt 1 commenced 15 December 1994 (s 2 (2) and Gaz 1994 No S293)
Consumer Credit (Consequential Provisions) Act 1995 No 19 s 3
notified 5 September 1995 (Gaz 1995 No S212)
s 1, s 2 commenced 5 September 1995 (s 2 (1))
s 3 commenced 1 November 1996 (s 2 (2) and see Gaz 1996 No S273)
Annual Reports (Government Agencies) (Consequential Provisions) Act 1995 No 25 sch
notified 5 September 1995 (Gaz 1995 No S212)
commenced 5 September 1995 (s 2)
Statute Law Revision Act 1995 No 46 sch
notified 18 December 1995 (Gaz 1995 No S306)
amdts commenced 18 December 1995 (s 2)
Financial Management and Audit (Consequential and Transitional Provisions) Act 1996 No 26 sch pt 7
notified 1 July 1996 (Gaz 1996 No S130)
commenced 1 July 1996 (s 2)
Consumer Credit (Administration) (Consequential Provisions) Act 1996 No 42 pt 2 div 2
notified 2 September 1996 (Gaz 1996 No S223)
s 1, s 2 commenced 2 September 1996 (s 2 (1))
pt 2 div 2 commenced 1 November 1996 (s 2 (2) and Gaz 1996 No S272)
Financial Sector Reform (ACT) Act 1999 No 33 sch
notified 25 June 1999 (Gaz 1999 No S34)
s 1, s 2, dict commenced 25 June 1999 (s 2 (1))
sch commenced 1 July 1999 (s 2 (2) and Cwlth Gaz 1999 No S283)
Law Reform (Miscellaneous Provisions) Act 1999 No 66 sch 3
notified 10 November 1999 (Gaz 1999 No 45)
commenced 10 November 1999 (s 2)
Justice and Community Safety Legislation Amendment
Act 2000
(No 2) No 2 sch
notified 9 March 2000 (Gaz 2000 No 10)
commenced 9 March 2000 (s 2)
Justice and Community Safety Legislation Amendment
Act 2000
(No 3) No 17 sch
1
notified 1 June 2000 (Gaz 2000 No 22)
commenced 1 June 2000 (s 2)
Unit Titles Consequential Amendments Act 2001 No 17 sch 2
notified 5 April 2001 (Gaz 2001 No 14)
s 1, s 2 commenced 5 April 2001 (IA s 10B)
sch 2 commenced 5 October 2001 (s 2)
Legislation (Consequential Amendments) Act 2001 No 44 pt 86
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 86 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Statute Law Amendment Act 2001 (No 2) 2001 No 56 pt 3.11
notified 5 September 2001 (Gaz 2001 No S65)
s 1, s 2 commenced 5 September 2001 (IA s 10B)
amdt 3.237 commenced 12 September 2001 (s 2 (2))
pt 3.11 remainder commenced 5 September 2001 (s 2 (1))
Sexuality Discrimination Legislation Amendment Act 2004 A2004-2 sch 1 pt 1.4
notified LR 18 February
2004
s 1, s 2 commenced 18 February 2004 (LA s 75
(1))
sch 1 pt 1.4 commenced 22 March 2004 (s 2 and
CN2004-4)
Revenue Legislation Repeal Act 2005 A2005-2 ss 6-8
notified LR 22 February 2005
s 1, s 2 commenced 22 February 2005 (LA s 75 (1))
ss 6-8 commenced 23 February 2005 (s 2)
Statute Law Amendment Act 2007 (No 2) A2007-16 sch 3 pt 3.8
notified LR 20 June 2007
s 1, s 2 taken to have commenced 12 April 2007 (LA s 75 (2))
sch 3 pt 3.8 commenced 11 July 2007 (s 2 (1))
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 A2008-36 sch 1 pt 1.17
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.17 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.21
notified LR 1 September 2009
s 1, s 2 commenced 1 September 2009 (LA s 75 (1))
sch 3 pt 3.21 commenced 22 September 2009 (s 2)
Dictionary
s
2 sub 2001 No 44 amdt 1.934
om 2001
No 56 amdt 3.237
ins A2007-16 amdt
3.26
Notes
s
2A ins A2007-16 amdt 3.26
Application of Act and transitional
provisions
s 3 am 1994 No 50
sch
Act binds
Crown
s 4 am 1993 No 44 sch 1; ss
renum R5 LA
Interpretation for
Act
s 5 am 1985 No 67; 1986 No
29; 1986 No 30
defs reloc to dict
A2007-16 amdt 3.37
om A2007-16 amdt
3.38
def bank am 1989
No 38 sch 1
om 1999 No 66 sch
3
def chairperson am
1994 No 50 sch
om 2000 No 2
sch
def determined fee
om 2001 No 44 amdt 1.935
def
director sub 1994 No 97 sch pt 1; 1999 No 66 sch
3
om 2000 No 17 sch
1
def financial counselling
trust fund ins 1994 No 50 s
4
om 1996 No 42 s
7
def Financial Institutions
(ACT) Code ins 1992 No 30 sch
1
om 1999 No 33
sch
def land om 2000
No 2 sch
def licence
om 1996 No 42 s 7
def
licensee om 1996 No 42 s
7
def member om 2000
No 2 sch
def office
ins 1999 No 66 sch 3
om 2000
No 17 sch 1
def register
om 1996 No 42 s 7
def
registrar sub 1994 No 97 sch pt
1
am 1996 No 42 s
7
om A2007-16 amdt
3.35
def the bureau om
1999 No 66 sch 3
def tribunal
or credit tribunal am 1996 No 42 s
7
om 2000 No 2 sch
Jurisdiction of courts and
ACAT
s 6 sub A2008-36 amdt
1.222
Removing proceedings from ACAT to
Magistrates Court
s 7 ins
A2008-36 amdt 1.222
Contracts of employment
excluded
s 9 am 1991 No 106
sch
Credit
charge
s 11 am 1994 No 50 sch;
A2007-16 amdt 3.39
Contracts for hiring of
goods
s 13 am 1994 No 26 sch;
1994 No 50 s 5, sch
Recognised
States
s 17 am 1989 No 38 sch 1;
2001 No 44 amdts 1.936-1.938
Exceptions from application of
Act
s 18 am 1990 No 6 s 4; 1992
No 30 sch 1
Variation of application of
Act
s 19 am 1985 No 60; 1987 No
4; 1989 No 38 sch 1; 2001 No 44 amdts 1.939-1.943
Publication, tabling and disallowance of
instruments of variation
s
19A ins 1987 No 4
sub 1989 No 38 sch
1
om 2001 No 44 amdt
1.944
Act not to apply to new credit
contracts
s 19B ins 1995 No 19 s
3
Act to continue to apply in certain
cases
s 19C ins 1995 No 19 s
3
Application of pt
2
s 20 am 1994 No 50 s
6
Contract of sale conditional on grant of
credit
s 21 am 1994 No 50
sch
Linked credit
provider
s 24 am 1994 No 26 sch;
1994 No 50 sch; A2008-36 amdt 1.223
Consequential discharge of tied loan
contract and mortgage
s 25 am
1994 No 50 sch
Notice of rescission etc to linked credit
provider
s 29 am 1985 No
60
Credit sale contracts and loan
contracts
div 3.1 hdg (prev pt 3
div 1 hdg) renum R5 LA
Application of
pt3
s 30 am 1994 No 26 sch; 1994
No 50 s 7
Form of
offer
s 32 am 1994 No 50 sch;
2001 No 44 amdt 1.945; A2008-36 amdt 1.224, amdt 1.225
Debtor to be given prescribed
statement
s 34 am 2001 No 44 amdt
1.946
‘Add-on'
contracts
s 37 am 2001 No 44 amdt
1.947
Civil
penalty
s 42 am 1994 No 50
sch
Statement for debtor or guarantor on
request
s 45 am 1994 No 50 sch;
2001 No 44 amdt 1.948, amdt 1.949
Copy of document for debtor or
guarantor
s 46 am 1994 No 50 sch;
2001 No 44 amdt 1.950, amdt 1.951
ACAT may determine reasonable fees
etc
s 47 hdg am A2008-36 amdt
1.234
s 47 am 1994 No 50 sch;
A2008-36 amdt 1.234
Continuing credit
contracts
div 3.2 hdg (prev pt 3
div 2 hdg) renum R5 LA
Interpretation for div
3.2
s 48 am 1994 No 50
sch
Application of pt 3 to continuing credit
contracts
s 49 am 1994 No 50
sch
Billing cycle less than 1
month
s 56 am 1994 No 50
sch
Non-business
days
s 57 am 1994 No 50
sch
Debtor to be given prescribed
statement
s 58 am 2001 No 44 amdt
1.952
Notice of terms of continuing credit
contract
s 59 am 1994 No 50
sch
Correction of billing
errors
s 62 am 1994 No 50 sch;
A2008-36 amdt 1.234
Statement of account to be given before
proceedings instituted
s 63 am
1994 No 50 sch
Copy of notice to be given on
request
s 68 am 2001 No 44 amdt
1.953, amdt 1.954
Operation of regulated
contracts
div 3.3 hdg (prev pt 3
div 3 hdg) renum R5 LA
Refinancing of credit contracts by the same
parties
s 69 am 1994 No 50
sch
Variation of credit sale contracts and loan
contracts
s 70 am 1994 No 50
sch
Variation of commitments on account of
hardship
s 74 am 1994 No 50 sch;
2000 No 17 sch 1; A2008-36 amdt 1.234
General
div
3.4 hdg (prev pt 3 div 4 hdg) renum R5 LA
Unauthorised
fees
s 75 am 1994 No 50 s 8, sch;
A2005-2 s 6, s 7
Recoupment of financial institutions
duty
s 75A ins 1994 No 50 s
9
om A2005-2 s 8
Enforcement
expense
s 76 am A2008-36 amdt
1.234
Assignment of rights by credit
provider
s 81 am 1994 No 50 sch;
1996 No 42 s 8; A2008-36 amdt 1.234
ACAT may reduce credit provider's
loss
s 85 hdg am A2008-36 amdt
1.234
s 85 am 1991 No 97 s 5; 1994 No
50 sch; 1996 No 42 s 9; ss renum R5 LA; A2008-36 amdt 1.234
Payment to financial counselling trust
fund
s 85AA ins 1994 No 50 s
10
am A2008-36 amdt
1.234
Stay of civil penalty pending ACAT's
decision
s 85A hdg am A2008-36
amdt 1.226
s 85A ins 1991 No 97 s
6
am A2008-36 amdt
1.234
General order varying civil
penalty
s 86 am 1991 No 97 s 7;
A2008-36 amdt 1.234; A2009-20 amdt 3.51
General
div
4.1 hdg (prev pt 4 div 1 hdg) renum R5 LA
Enforcement
expense
s 93 am A2008-36 amdt
1.234
Provision for entry on premises void in
certain circumstances
s 94 am
1994 No 50 sch; A2008-36 amdt 1.234
Order of ACAT required before entry for
repossession
s 95 hdg am A2008-36
amdt 1.234
s 95 am 1994 No 50 sch;
A2008-36 amdt 1.234
Disclosure of location of
goods
s 96 am 1994 No 50
sch
Blanket securities over property or assets
prohibited
s 98 am 1994 No 50
sch
Restriction on mortgage of future
property
s 99 am 1994 No 50
sch
Assignment etc of
property
div 4.2 hdg (prev pt 4
div 2 hdg) renum R5 LA
Assignment by
mortgagor
s 102 am 1994 No 50
sch; 2000 No 17 sch 1; A2008-36 amdt 1.234
Statement of net balance
due
s 104 am A2008-36 amdt
1.234
Early termination of
contract
s 105 am 1994 No 50
sch
Mortgagor may compel sale of
goods
s 106 am 1994 No 50
sch
Notice required before rights
exercised
s 107 am 1986 No 29;
1994 No 50 sch
Restriction on exercise of
powers
s 110 am 1994 No 50 sch;
A2008-36 amdt 1.234
Court may order delivery of
goods
s 111 am 1994 No 50
sch
Taking possession of goods by
mortgagee
s 112 am 1994 No 50
sch; 2000 No 17 sch 1; 2001 No 44 amdt 1.955; A2008-36 amdt
1.234
Right of mortgagor to redeem
goods
s 113 am 1994 No 50
sch
Mortgagee to account for proceeds of
sale
s 114 am 1994 No 50
sch
Moratorium—farmers
etc
s 115 am 1994 No 50
sch
Postponement of exercise of
rights
s 116 am 1988 No 76; 1994
No 50 sch; 2000 No 17 sch 1; A2008-36 amdt 1.234
ACAT may approve removal of mortgaged
goods
s 118 hdg am A2008-36 amdt
1.234
s 118 am 1994 No 50 sch;
A2008-36 amdt 1.234
Bills of exchange as
security
s 120 am 2001 No 44 amdt
1.956
Advertisements offering
credit
s 121 am 1994 No 50 sch;
2000 No 17 sch 1; 2001 No 44 amdt 1.957; A2007-16 amdt
3.40
Insurance—regulated
mortgages
s 128 am 1994 No 50
sch
Premiums to be paid to
insurer
s 131 am 1994 No 50
sch
No-claim
bonus
s 133 am 1994 No 50
sch
Saving about
unenforceability
s 134 am 1986 No
29
Guarantee to be in
writing
s 136 am 1994 No 50
sch
Proceedings against
guarantor
s 138 am 2001 No 44
amdt 1.958
Variation of commitments—guarantee
relating to regulated contract
s
139 am 1994 No 50 sch; 2000 No 17 sch 1; A2008-36 amdt 1.234
Guarantee of obligations of
child
s 140 am 1994 No 50
sch
Guarantor to be given prescribed
statement
s 142 am 2001 No 44
amdt 1.959
ACAT may reopen certain
transactions
s 146 hdg am
A2008-36 amdt 1.234
s 146 am A2008-36
amdt 1.234
Matters to be considered by
ACAT
s 147 hdg am A2008-36 amdt
1.234
s 147 am 1994 No 50 sch; 1995
No 46 sch; A2008-36 amdt 1.234
Joinder of
parties
s 148 am A2008-36 amdt
1.234
Variation of commitments—home finance
contract
s 151 am 2000 No 17 sch
1; A2008-36 amdt 1.234
Variation of commitments—guarantee
relating to home finance
contract
s 152 am 2000 No 17 sch
1; A2008-36 amdt 1.234
Notice by credit
provider
s 153 am 2001 No 44 amdt
1.960, amdt 1.961; A2008-36 amdt 1.234
Proof of
offence
s 154 am 1994 No 50
sch
Licences
pt
11 hdg om 1996 No 42 s 10
Requirement to be
licensed
pt 11 div 1 hdg om 1996
No 42 s 10
Credit providers and finance brokers to be
licensed
s 155 om 1996 No 42 s
10
Exemptions from
licensing
s 156 am 1986 No 29;
1990 No 6 s 5; 1992 No 30 sch 1; 1994 No 38 sch 1 pt 20; 1994 No 50
sch
om 1996 No 42 s
10
Civil
penalty
s 157 om 1996 No 42 s
10
Licensing
provisions
pt 11 div 2 hdg om
1996 No 42 s 10
Application for
licence
s 158 am 1986 No
30
om 1996 No 42 s
10
Investigation of
application
s 159 om 1996 No 42 s
10
Objection to
application
s 160 om 1996 No 42 s
10
Grant or refusal of
licence
s 161 am 1992 No 9
sch
om 1996 No 42 s
10
Conditions of, and restrictions on,
licence
s 162 om 1996 No 42 s
10
Cancellation and suspension of
licences
s 163 am 1994 No 50
sch
om 1996 No 42 s
10
Name under which licensee may
operate
s 164 am 1994 No 50
sch
om 1996 No 42 s
10
Partnerships
s
165 om 1996 No 42 s 10
Form of
licence
s166 om 1996 No 42 s
10
Change of address of
licensee
s 167 am 1986 No
30
om 1996 No 42 s
10
Registers of
licensees
s 168 om 1996 No 42 s
10
Inspection of
register
s 169 om 1996 No 42 s
10
Term of, and authority conferred by,
licence
s 170 om 1996 No 42 s
10
Annual fee and annual
statement
s 171 om 1996 No 42 s
10
Surrender of
licence
s 172 am 1994 No 50
sch
om 1996 No 42 s
10
Disciplinary
action
pt 11 div 3 hdg om 1996 No
42 s 10
Disciplinary action against
licensee
s 173 am 1994 No 50
sch
om 1996 No 42 s
10
General
pt
11 div 4 hdg om 1996 No 42 s 10
Death of
licensee
s 174 am 1994 No 50
sch
om 1996 No 42 s
10
Endorsement of condition etc of
licence
s 175 om 1996 No 42 s
10
Finance
brokers
pt 11 div 5 hdg om 1996
No 42 s 10
Interpretation
s
176 am 1986 No 29
om 1996 No 42 s
10
Advertising by finance
brokers
s 177 am 1994 No 50
sch
om 1996 No 42 s
10
Records of finance
brokers
s 178 om 1996 No 42 s
10
Payment of commission to finance
broker
s 179 am 1994 No 50
sch
om 1996 No 42 s
10
Valuation
fees
s 180 om 1996 No 42 s
10
Penalty for false statements
etc
s 181 om 1996 No 42 s
10
Requirements as to
proof
s 182 om 1996 No 42 s
10
Excessive
commission
s 183 om 1996 No 42 s
10
Credit
tribunal
pt 12 hdg om 1996 No 42
s 10
Constitution of the
tribunal
pt 12 div 1 hdg om 1996
No 42 s 10
Establishment of credit
tribunal
s 184 om 1996 No 42 s
10
Membership of
tribunal
s 185 am 1993 No 1 sch
1; 1994 No 50 sch
om 1996 No 42 s
10
Resignation
s
186 am 1994 No 50 sch
om 1996 No 42
s 10
Termination of
appointment
s 187 am 1989 No 50
sch; 1994 No 50 sch
om 1996 No 42 s
10
Leave of
absence
s 187A ins 1989 No 50
sch
om 1996 No 42 s
10
Remuneration and
allowances
s 188 sub 1989 No 50
sch
om 1996 No 42 s
10
Acting
appointments
s 189 am 1986 No 56;
1992 No 23 sch 1; 1994 No 50 sch
om
1996 No 42 s 10
Registrar and deputy
registrar
pt 12 div 2 hdg om 1996
No 42 s 10
Registrar of the credit
tribunal
s 190 am 1989 No 38 sch
1; 1994 No 50 sch
sub 1994 No 97 sch
pt 1
om 1996 No 42 s
10
Deputy registrar of the credit
tribunal
s 190A ins 1994 No 97
sch pt 1
om 1996 No 42 s
10
Delegation to
registrar
s 191 om 1996 No 42 s
10
Proceedings before the
tribunal
pt 12 div 3 hdg om 1996
No 42 s 10
Constitution of the tribunal in particular
matters
s 192 am 1994 No 50
sch
om 1996 No 42 s
10
Manner in which questions to be
decided
s 193 am 1994 No 50
sch
om 1996 No 42 s
10
Proceedings before
tribunal
s 194 am 1994 No 50
sch
om 1996 No 42 s
10
Hearing in
private
s 195 om 1996 No 42 s
10
Reference of question of law to Supreme
Court
s 196 am 1994 No 50
sch
om 1996 No 42 s
10
Parties
s
197 am 1994 No 50 sch
om 1996 No 42
s 10
Notice and conduct of
proceedings
s 198 am 1994 No 50
sch
om 1996 No 42 s
10
Right of appearance and
representation
s 199 om 1996 No
42 s 10
Summons and examination of
witnesses
s 200 am 1994 No 50
sch
om 1996 No 42 s
10
Failure to comply with summons
etc
s 201 am 1994 No 50
sch
om 1996 No 42 s
10
Contempt
etc
s 202 am 1994 No 50
sch
om 1996 No 42 s
10
Inspection and retention of
records
s 203 om 1996 No 42 s
10
Dismissal of frivolous etc
proceedings
s 204 om 1996 No 42 s
10
Costs
s
205 om 1996 No 42 s 10
Orders for payment of
money
s 206 om 1996 No 42 s
10
Reasons for decision of
tribunal
s 207 om 1996 No 42 s
10
Adjournments
s
208 om 1996 No 42 s 10
Protection of members, persons appearing and
witnesses
s 209 om 1996 No 42 s
10
Right of
appeal
s 210 am 1985 No 67; 1991
No 44 s 7 (2), sch 1; 1995 No 46
sch
om 1996 No 42 s
10
Fees
s
211 om 1996 No 42 s 10
Inquiries
pt
13 hdg om 1996 No 42 s 10
Interpretation
s
212 om 1996 No 42 s 10
Minister may order
inquiry
s 213 om 1996 No 42 s
10
Notice of
inquiry
s 214 om 1996 No 42 s
10
Appearances at
inquiry
s 215 om 1996 No 42 s
10
Procedure at
inquiry
s 216 om 1996 No 42 s
10
Powers of tribunal at
inquiry
s 217 om 1996 No 42 s
10
Failure to appear at
inquiry
s 218 om 1996 No 42 s
10
Refusal to be sworn
etc
s 219 om 1996 No 42 s
10
Power to obtain
information
s 220 am 1994 No 50
sch
om 1996 No 42 s
10
Unjust conduct by credit
providers
pt 14 hdg om 1996 No 42
s 10
Interpretation
s
221 om 1996 No 42 s 10
Undertakings by credit
provider
s 222 am 1994 No 50
sch
om 1996 No 42 s
10
Register of
undertakings
s 223 om 1996 No 42
s 10
Restraint of unjust
conduct
s 224 om 1996 No 42 s
10
Powers and functions of
director
pt 15 hdg om 1996 No 42
s 10
General
pt
15 div 1 hdg om 1996 No 42 s 10
Powers of
director
s 225 am 1994 No 50
sch
om 1996 No 42 s
10
Functions of director in relation to
proceedings
pt 15 div 2 hdg om
1996 No 42 s 10
Director may represent debtor
etc
s 226 om 1996 No 42 s
10
Director may proceed for
another
s 227 om 1996 No 42 s
10
Conduct of proceedings taken by
director
s 228 am 1989 No 38 sch
1; 1994 No 50 sch
om 1996 No 42 s
10
Intervention by
director
s 229 om 1996 No 42 s
10
Investigation of application to
tribunal
s 230 am 1994 No 50
sch
om 1996 No 42 s
10
Investigations
pt
15 div 3 hdg om 1996 No 42 s 10
Interpretation
s
231 om 1996 No 42 s 10
Investigating
officer
s 232 om 1996 No 42 s
10
Powers of entry upon
premises
s 233 am 1994 No 50
sch
om 1996 No 42 s
10
Restriction upon powers of
entry
s 234 am 1994 No 50
sch
om 1996 No 42 s
10
Search
warrants
s 235 am 1985 No 60;
1994 No 50 sch
om 1996 No 42 s
10
Consent to
entry
s 236 am 1994 No 50
sch
om 1996 No 42 s
10
Power to require information or
document
s 237 am 1994 No 50
sch
om 1996 No 42 s
10
Copying of documents produced under section
237
s 238 om 1996 No 42 s
10
Obstruction of director or investigating
officer
s 239 am 1994 No 50
sch
om 1996 No 42 s
10
Secrecy
s
240 am 1994 No 50 sch
om 1996 No 42
s 10
Miscellaneous
pt
15 div 4 hdg om 1995 No 25 sch
Annual
report
s 241 am 1989 No 38 sch
1
om 1995 No 25 sch
Financial counselling trust
fund
pt 15AA hdg ins 1994 No 50
s 11
om 1996 No 42 s
10
Establishment
s
241AA ins 1994 No 50 s 11
am 1996 No
26 sch pt 7
om 1996 No 42 s
10
Bank
account
s 241AAA ins 1996 No 26
sch pt 7
om 1996 No 42 s
10
Payments
in
s 241AB ins 1994 No 50 s
11
am 1996 No 26 sch pt
7
om 1996 No 42 s
10
Payments
out
s 241AC ins 1994 No 50 s
11
am 1996 No 26 sch pt
7
om 1996 No 42 s
10
Transitional
pt
15A hdg ins 1991 No 97 s 8
Exemptions from civil
penalty
s 241A ins 1991 No 97 s
8
am 1994 No 50 s 12; A2008-36 amdt
1.227
Operation of amendments relating to
description of consumer credit
insurance
s 241B ins 1991 No 97 s
8
am A2008-36 amdt
1.228
Operation of amendments of s 85 and s
86
s 241C ins 1991 No 97 s
8
sub A2008-36 amdt
1.229
Operation of s
85A
s 241D ins 1991 No 97 s
8
sub A2008-36 amdt
1.229
Notices by
mortgagees
s 242 sub 2001 No 44
amdt 1.962
Linked credit provider—sale of
land
s 243 am 1994 No 50 s 13;
A2007-16 amdt 3.41
Mortgage operates as security
only
s 244 om 2001 No 56 amdt
3.238
Restriction on form of
document
s 246 sub A2008-36 amdt
1.230
Approval of form of document by
ACAT
s 247 hdg sub 2001 No 44
amdt 1.963
s 247 am 1985 No 39 s 3;
1994 No 50 sch; 2001 No 44 amdt 1.964, amdt 1.965; A2008-36 amdt
1.234
Signature of
documents
s 250 am 1986 No 72;
1988 No 76
Service of
documents
s 251 am 1994 No 50
sch
om 1996 No 42 s
10
Service by
post
s 252 om 1996 No 42 s
10
Proof of
service
s 253 om 1996 No 42 s
10
Contracting out of Act
prohibited
s 254 am 1996 No 42 s
11
Determination of
fees
s 255 am 1989 No 38 sch
1
om 1996 No 42 s
12
ins 2001 No 44 amdt
1.966
Approved
forms
s 256 om 1996 No 42 s
12
ins 2001 No 44 amdt
1.966
(6)-(9) exp 12 September 2002
(s 256 (9))
Regulation-making
power
s 257 om 1996 No 42 s
12
ins 2001 No 44 amdt
1.966
Computation of
period
s 258 om 1996 No 42 s
12
Extensions of
time
s 259 om 1996 No 42 s
12
Jurisdiction
s
260 om 1996 No 42 s 12
Evidence
s
261 om 1996 No 42 s 12
Review of
decisions
s 262 am 1989 No 38 sch
1; 1994 No 60 sch 1
om 1996 No 42 s
12
Power of Minister to determine
fees
s 263 am 1986 No
30
om 2001 No 44 amdt
1.966
Transitional—licensing
s
264 om 1992 No 23 sch 1
Regulations
s
266 am 1989 No 38 sch 1; 1996 No 42 s
13
om 2001 No 44 amdt
1.966
Schedule
2
sch 2 am 1991 No 97 s
9
Schedule
4
sch 4 am 1991 No 97 s
9
Schedule
5
sch 5 am 1994 No 50
sch
Schedule
7
sch 6 am 1991 No 97 s
9
Dictionary
dict ins
A2007-16 amdt 3.42
am A2008-36 amdt
1.231; A2009-20 amdt 3.52, 3.53
def
acceptable rate of interest reloc from s 5 A2007-16
amdt 3.37
def account
charge am 1991 No 97 s
4
reloc from s 5 A2007-16 amdt
3.37
def accrued credit charge
reloc from s 5 A2007-16
amdt 3.37
def actuarial
method reloc from s 5 A2007-16
amdt 3.37
def
Administration Act ins 1996 No 42 s
7
reloc from s 5 A2007-16 amdt
3.37
def agreement ins
A2007-16 amdt 3.42
def
amount financed reloc from s 5 A2007-16
amdt 3.37
def annual
percentage rate ins A2007-16
amdt 3.42
def billing
cycle ins A2007-16
amdt 3.42
def body
corporate am 2001 No 17 amdt
2.7
reloc from s 5 A2007-16 amdt
3.37
def buyer ins
A2007-16 amdt 3.42
def
carrying on business of providing credit ins A2007-16
amdt 3.42
def cash
reloc from s 5 A2007-16
amdt 3.37
def cash price
reloc from s 5 A2007-16
amdt 3.37
def chargeable
amount ins A2007-16
amdt 3.42
def commercial
vehicle am A2007-16 amdt
3.27
reloc from s 5 A2007-16 amdt
3.37
def commission charge
am 1994 No 50 sch; A2004-2 amdt 1.14, amdt
1.15
reloc from s 5 A2007-16 amdt
3.37
def commissioner
ins 2000 No 17 sch 1
reloc
from s 5 A2007-16 amdt 3.37
def
compulsory insurance reloc from s 5 A2007-16
amdt 3.37
def continuing
credit contract ins A2007-16
amdt 3.42
def contract
ins A2007-16
amdt 3.42
def contract
for the hiring of goods reloc from s 5 A2007-16
amdt 3.37
def contract of
guarantee ins A2007-16
amdt 3.42
def contract of
sale ins A2007-16
amdt 3.42
def court
ins A2007-16
amdt 3.42
def credit
am 1994 No 50 sch; A2007-16 amdt 3.28,
amdt 3.29
reloc from s 5
A2007-16 amdt 3.37
def credit
charge ins A2007-16
amdt 3.42
def credit
contract reloc from s 5 A2007-16
amdt 3.37
def credit
provider am 1994 No 50 sch; A2007-16 amdt
3.30
reloc from s 5 A2007-16 amdt
3.37
def credit sale contract
am A2007-16 amdt 3.31
reloc
from s 5 A2007-16 amdt 3.37
def
cross-claim sub A2007-16 amdt
3.32
reloc from s 5 A2007-16 amdt
3.37
def daily percentage rate
reloc from s 5 A2007-16
amdt 3.37
def debtor
sub A2007-16 amdt 3.33
reloc
from s 5 A2007-16 amdt 3.37
def
default charge am 1994 No 50
sch
reloc from s 5 A2007-16 amdt
3.37
def deferral charge
reloc from s 5 A2007-16
amdt 3.37
def deposit
reloc from s 5 A2007-16
amdt 3.37
def discharge
reloc from s 5 A2007-16
amdt 3.37
def enforcement
expense reloc from s 5 A2007-16
amdt 3.37
def estimated
credit charge reloc from s 5 A2007-16
amdt 3.37
def exempt
credit provider sub 1996 No 42 s
7
reloc from s 5 A2007-16 amdt
3.37
def farm machinery
reloc from s 5 A2007-16
amdt 3.37
def farming
undertaking reloc from s 5 A2007-16
amdt 3.37
def finance
broker reloc from s 5 A2007-16
amdt 3.37
def finance
broking reloc from s 5 A2007-16
amdt 3.37
def financial
institution ins 1992 No 30 sch
1
am 1994 No 50 s 4; 1999 No 33
sch
reloc from s 5 A2007-16 amdt
3.37
def goods reloc
from s 5 A2007-16 amdt 3.37
def
goods and services ins A2007-16
amdt 3.42
def guarantee
reloc from s 5 A2007-16
amdt 3.37
def guarantor
am 1994 No 50 sch; A2004-2 amdt 1.14,
amdt 1.15
reloc from s 5
A2007-16 amdt 3.37
def
"guarantor", for part 10 ins A2007-16
amdt 3.42
def home
ins A2007-16
amdt 3.42
def home
finance contract ins A2007-16
amdt 3.42
def instalment
reloc from s 5 A2007-16
amdt 3.37
def judgment
reloc from s 5 A2007-16
amdt 3.37
def linked
credit provider reloc from s 5 A2007-16
amdt 3.37
def loan
contract am 1994 No 50 sch; A2007-16 amdt
3.34
reloc from s 5 A2007-16 amdt
3.37
def minimum credit charge
reloc from s 5 A2007-16
amdt 3.37
def mortgage
reloc from s 5 A2007-16
amdt 3.37
def
"mortgage", for part 4 ins A2007-16
amdt 3.42
def net balance
ins A2007-16
amdt 3.42
def officer
am 1994 No 50 sch
reloc from
s 5 A2007-16 amdt 3.37
def
outstanding balance ins A2007-16
amdt 3.42
def pastoral
finance company reloc from s 5 A2007-16
amdt 3.37
def person who
buys or proposes to buy goods or services ins A2007-16
amdt 3.42
def
predetermined credit charge reloc from s 5 A2007-16
amdt 3.37
def proceeding
ins A2008-36 amdt 1.232
def
proceedings am 1996 No 42 s
7
reloc from s 5 A2007-16 amdt
3.37
om A2008-36 amdt
1.232
def property
reloc from s 5 A2007-16
amdt 3.37
def recognised
State reloc from s 5 A2007-16
amdt 3.37
def record
reloc from s 5 A2007-16
amdt 3.37
def registered
credit provider ins 1996 No 42 s
7
reloc from s 5 A2007-16 amdt
3.37
def registration fee
reloc from s 5 A2007-16
amdt 3.37
def regulated
continuing credit contract reloc from s 5 A2007-16
amdt 3.37
def regulated
contract reloc from s 5 A2007-16
amdt 3.37
def regulated
credit sale contract reloc from s 5 A2007-16
amdt 3.37
def regulated
loan contract reloc from s 5 A2007-16
amdt 3.37
def regulated
mortgage reloc from s 5 A2007-16
amdt 3.37
def rescind
reloc from s 5 A2007-16
amdt 3.37
def resupply
ins A2007-16
amdt 3.42
def security
interest reloc from s 5 A2007-16
amdt 3.37
def services
am 1994 No 50 sch
reloc from
s 5 A2007-16 amdt 3.37
def
statutory rebate reloc from s 5 A2007-16
amdt 3.37
def supplier
reloc from s 5 A2007-16
amdt 3.37
def supply
am 1994 No 26 sch; A2007-16 amdt
3.36
reloc from s 5 A2007-16 amdt
3.37
def tied continuing
credit contract ins A2007-16
amdt 3.42
def tied loan
contract ins A2007-16
amdt 3.42
def trade-in
allowance reloc from s 5 A2007-16
amdt 3.37
def trade or
tie agreement reloc from s 5 A2007-16
amdt 3.37
def tribunal
ins 2000 No 2 sch
reloc from
s 5 A2007-16 amdt 3.37
om A2008-36
amdt 1.233
def unjust
ins A2007-16 amdt 3.42
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
|
Republication No |
Amendments to |
Republication date |
|---|---|---|
|
1 |
Act 1991 No 106 |
4 June 1992 |
|
2 |
Act 1993 No 44 |
31 January 1994 |
|
3 |
Act 1994 No 97 |
31 January 1995 |
|
4 |
Act 1996 No 42 |
30 November 1996 |
|
5 |
Act 2001 No 44 |
12 September 2001 |
|
6 |
A2001-56 |
13 September 2002 |
|
7 |
A2004-2 |
22 March 2004 |
|
8 |
A2005-2 |
23 February 2005 |
|
9 |
A2007-16 |
11 July 2007 |
|
10* |
A2008-36 |
2 February 2009 |
© Australian Capital Territory
2009