CONSUMER CREDIT ACT 1995 

- TABLE OF PROVISIONS

PART 1--PRELIMINARY 
1. Name of Act   
2. Dictionary  
3. Notes  

PART 2--CONSUMER CREDIT (AUSTRALIAN CAPITAL TERRITORY) CODE AND CONSUMER CREDIT (AUSTRALIAN CAPITAL TERRITORY) REGULATIONS
4. Application in ACT of Consumer Credit Code   
5. Application of regulations under Consumer Credit Code   
6. Interpretation of some expressions in code and regulations   

PART 3--CONFERMENT OF JUDICIAL AND ADMINISTRATIVE FUNCTIONS
7. Conferment of judicial functions on courts and ACAT   
8. Conferment of administrative functions   

PART 3A--MAXIMUM ANNUAL PERCENTAGE RATE AND DISCLOSURE
8A. Definitions for pt 3A   
8B. Maximum annual percentage rate   
8C. Disclosure of cost of credit   

PART 4--MISCELLANEOUS 
13. Regulation-making power   
DICTIONARY
ENDNOTES

CONSUMER CREDIT ACT 1995
 - LONG TITLE
An Act to make provision for a uniform legislative scheme to regulate the
provision of consumer credit, and for other purposes 
      
    

CONSUMER CREDIT ACT 1995
- SECT 1
Name of Act 

This Act is the Consumer Credit Act 1995.

CONSUMER CREDIT ACT 1995
- SECT 2
Dictionary

The dictionary at the end of this Act is part of this Act.

Note 1     The dictionary at the end of this Act defines certain terms
used in this Act, and includes references ("signpost definitions")
to other terms defined elsewhere in this Act.

For example, the signpost definition 'annual percentage
rate, for part 3A (Maximum annual percentage rate and
disclosure)--see section 8A.' means that the term 'annual
percentage rate' is defined in that section for part 3A.

Note 2     A definition in the dictionary (including a signpost
definition) applies to the entire Act unless the definition, or another
provision of the Act, provides otherwise or the contrary intention otherwise
appears (see Legislation Act, s 155 and s 156 (1)).

CONSUMER CREDIT ACT 1995
- SECT 3
Notes

A note included in this Act is explanatory and is not part of this
Act.

Note     See the Legislation Act, s 127 (1), (4) and (5) for the
legal status of notes.

CONSUMER CREDIT ACT 1995
- SECT 4
Application in ACT of Consumer Credit Code 

The Consumer Credit Code set out in the Consumer Credit (Queensland) Act,
appendix as in force for the time being--

         (a)     applies as a Territory law; and

         (b)     as so applying may be referred to as the Consumer Credit (Australian
Capital Territory) Code.

CONSUMER CREDIT ACT 1995
- SECT 5
Application of regulations under Consumer Credit Code 

     (1)     The regulations in force for the time being under the Consumer Credit
(Queensland) Act, part 4--

         (a)     apply as regulations in force for the Consumer Credit (Australian
Capital Territory) Code; and

         (b)     as so applying may be referred to as the Consumer Credit (Australian
Capital Territory) Regulations.

     (2)     The Consumer Credit (Australian Capital Territory) Code, schedule 2
applies in relation to those regulations.

     (3)     To the extent that a provision of those regulations takes effect from
a day earlier than the day of notification of the provision in the Government
Gazette of Queensland, the provision does not operate in the ACT so as
to--

         (a)     affect, in a manner prejudicial to any person (other than the
Territory or an authority of the Territory), the rights of that person existing
before the day of notification; or

         (b)     impose liabilities on any person (other than the Territory or an
authority of the Territory) in respect of anything done or omitted to be done
before the day of notification.

CONSUMER CREDIT ACT 1995
- SECT 6
Interpretation of some expressions in code and regulations 

     (1)     In the Consumer Credit (Australian Capital Territory) Code and the
Consumer Credit (Australian Capital Territory) Regulations--

"legislature of this jurisdiction" means the legislature of the
Territory.

"the code" or this code means the Consumer Credit
(Australian Capital Territory) Code.

"the jurisdiction" or this jurisdiction means the
Australian Capital Territory.

     (2)     The Acts Interpretation Act 1954, and other Acts, of
Queensland do not apply to--

         (a)     the Consumer Credit Code set out in the Consumer Credit (Queensland)
Act, appendix in its application as a Territory law; or

         (b)     the regulations in force for the time being under the Consumer Credit
(Queensland) Act, part 4 in their application as regulations in force for the
Consumer Credit (Australian Capital Territory) Code.

CONSUMER CREDIT ACT 1995
- SECT 7
Conferment of judicial functions on courts and ACAT 

     (1)     The jurisdiction that is expressed to be exercisable by the court
under the Consumer Credit (Australian Capital Territory) Code and the Consumer
Credit (Australian Capital Territory) Regulations is
exercisable--

         (a)     for the code, sections 34 (5), 36 (6) and (7), 44 (4), 47 (3),
77 (1), 79, 82 (b), 83 (1), 88, 89, 91 (1) (a), 92, 93, 98 and 162 (2)
and any jurisdiction prescribed by regulation--only by the ACAT;
or

         (b)     in any other case--either by the ACAT or any court.

     (2)     The jurisdiction given to a court by this section (other than the
ACAT) is subject to the court's general jurisdictional limits (so far as
they relate to the amounts, or the value of property, with which the court may
deal), but is not subject to the court's other jurisdictional
limits.

     (3)     The regulations may make provision in relation to the transfer of
proceedings between the ACAT and other courts or between other courts.

CONSUMER CREDIT ACT 1995
- SECT 8
Conferment of administrative functions 

The commissioner for fair trading has the functions of the Government
Consumer Agency under the Consumer Credit (Australian Capital Territory) Code
and the Consumer Credit (Australian Capital Territory)
Regulations.

CONSUMER CREDIT ACT 1995
- SECT 8A
Definitions for pt 3A 

In this part:

"annual percentage rate"--see the code, section 25
(Definitions relating to interest).

"code" means the Consumer Credit (Australian Capital Territory)
Code.

"contract document"--see the code, schedule 1 (Principal
definitions), clause 1 (1).

"credit"--see the code, section 4 (1).

"credit contract"--see the code, section 5.

"credit fees and charges"--see the code, schedule 1
(Principal definitions), clause 1 (1).

CONSUMER CREDIT ACT 1995
- SECT 8B
Maximum annual percentage rate 

     (1)     A regulation may prescribe a maximum annual percentage rate for a
credit contract to which the code applies.

     (2)     A regulation may require interest charges, and all credit fees and
charges, under a credit contract to be included in working out the maximum
annual percentage rate under the contract.

     (3)     The code, part 2, division 2 applies in relation to a prescribed
maximum annual percentage rate as if the rate had been prescribed by the
code.

Note     The effect of s (3) is that a contract is void to the extent
that it imposes a monetary liability prohibited under s (1) and that any amount
paid under the contract may be recovered.  In addition, the credit provider
commits an offence for entering into the contract.

     (4)     This section does not affect the exercise of any powers under the
code, part 4, division 3 in relation to a contract that is not void because of
this section.

Note     The code, pt 4, div 3 allows (among other things) the reopening
of unjust transactions.

     (5)     This section applies to a credit contract whether the credit contract
was established before, or is established after, the commencement of this
section.

CONSUMER CREDIT ACT 1995
- SECT 8C
Disclosure of cost of credit 

     (1)     For the code, section 15 (C) (Annual percentage rate or rates), the
contract document must state an annual percentage rate worked out on the basis
of charges under the contract that are interest charges (whether or not they are
described in the contract as interest charges).

     (2)     For the code, section 15 (E) (Total amount of interest charges
payable), the total amount of interest charges payable under the contract
includes an amount that is an interest charge (whether or not it is described in
the contract as an interest charge).

     (3)     For the code, section 14 (Precontractual disclosure), the
precontractual statement must also set out the matters mentioned in subsections
(1) and (2).

     (4)     The requirements of this section are additional to any other
requirements of the code, section 14 or section 15.

CONSUMER CREDIT ACT 1995
- SECT 13
Regulation-making power 

The Executive may make regulations for this Act.

Note     Regulations must be notified, and presented to the Legislative
Assembly, under the Legislation Act 2001.

CONSUMER CREDIT ACT 1995
- NOTES Dictionary

Dictionary

(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:

               o      ACAT

               o      Executive

               o      territory law

               o      the Territory.

"annual percentage rate", for part 3A (Maximum annual
percentage rate and disclosure)--see section 8A.

"code", for part 3A (Maximum annual percentage rate and
disclosure)--see section 8A.

"Consumer Credit (Australian Capital Territory) Code" means the
provisions applying because of section 4.

"Consumer Credit (Australian Capital Territory) Regulations"
means the provisions applying because of section 5.

"Consumer Credit (Queensland) Act" means the Consumer Credit
(Queensland) Act 1994 (Qld).

"contract document", for part 3A (Maximum annual percentage
rate and disclosure)--see section 8A.

"credit", for part 3A (Maximum annual percentage rate and
disclosure)--see section 8A.

"credit contract", for part 3A (Maximum annual percentage rate
and disclosure)--see section 8A.

"credit fees and charges", for part 3A (Maximum annual
percentage rate and disclosure)--see section 8A.

"scheme legislation of the Australian Capital Territory"
means--

         (a)     this Act; and

         (b)     the Consumer Credit (Australian Capital Territory) Code; and

         (c)     the Consumer Credit (Australian Capital Territory)
Regulations.

CONSUMER CREDIT ACT 1995
- NOTES Endnotes

Endnotes

1     About
the endnotes

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.

2     Abbreviation
key

      
      

am = amended

ord = ordinance

amdt = amendment

orig = original

ch = chapter

par = paragraph/subparagraph

def = definition

pres = present

dict = dictionary

prev = previous

disallowed = disallowed by the Legislative

(prev...) = previously

Assembly

pt = part

div = division

r = rule/subrule

exp = expires/expired

renum = renumbered

Gaz = gazette

reloc = relocated

hdg = heading

R[X] = Republication No

IA = Interpretation Act 1967

RI = reissue

ins = inserted/added

s = section/subsection

LA = Legislation Act 2001

sch = schedule

LR = legislation register

sdiv = subdivision

LRA = Legislation (Republication) Act
1996

sub = substituted

mod = modified/modification

SL = Subordinate Law

o = order

underlining = whole or part not
commenced

om = omitted/repealed

or to be expired

3     Legislation
history

Consumer Credit Act 1995 No 18

notified 5 September 1995 (Gaz 1995 No
S212)

s 1, s 2 commenced 5 September 1995 (s 2
(1))

remainder commenced 1 November 1996 (s 2 (2) and Gaz
1996 No S273)

as amended by

Consumer Credit (Administration) (Consequential
Provisions) Act 1996 No 42 pt 2 div 1

notified 2 September 1996 (Gaz 1996 No
S223)

s 1, s 2 and pt 2 div 1 commenced 2 September 1996 (s 2
(1))

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 3) No 17 sch 1

notified 1 June 2000 (Gaz 2000 No 22)

commenced 1 June 2000 (s 2)

Legislation (Consequential Amendments) Act 2001 No 44
pt 75

notified 26 July 2001 (Gaz 2001 No 30)

s 1, s 2 commenced 26 July 2001 (IA s
10B)

pt 75 commenced 12 September 2001 (s 2 and Gaz 2001 No
S65)

Justice and Community Safety Legislation Amendment
Act 2004 A2004-18 pt 3

notified LR 6 April 2004s
1, s 2 commenced 6 April 2004 (LA s 75 (1))pt 3
commenced 20 April 2004 (s 2)

Justice and Community Safety Legislation Amendment
Act 2005 (No 4) A2005-60 sch 1 pt 1.7

notified LR 1 December 2005

s 1, s 2 taken to have commenced 23 November 2005 (LA s
75 (2))

sch 1 pt 1.7 commenced 22 December 2005 (s 2
(4))

ACT Civil and Administrative Tribunal Legislation
Amendment Act 2008 A2008-36 sch 1 pt 1.12

notified LR 4 September 2008

s 1, s 2 commenced 4 September 2008 (LA s 75
(1))

sch 1 pt 1.12 commenced 2 February 2009 (s 2 (1) and see
ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and
CN2009-2)

4     Amendment
history

Name of
Acts 1     sub A2005-60 amdt
1.16

Dictionarys
2     am 1996 No 42 pt 2 div 1     om R1
LRA     ins A2005-60 amdt
1.19

Notess
3     am 2001 No 44 amdt 1.800, amdt
1.801     defs reloc to dict A2005-60
amdt 1.18     sub A2005-60 amdt
1.19     def short-term credit
contract ins A2004-18 s 9     om
A2005-60 amdt 1.17

Conferment of judicial functions on courts
and ACATs 7 hdg     sub A2008-36
amdt 1.150s 7     am A2008-36 amdt
1.151, amdt 1.152

Conferment of administrative
functionss 8     am 1999 No 66 sch
3; 2000 No 17 sch 1

Maximum annual percentage rate and
disclosurept 3A hdg     ins A2004-18
s 10

Definitions for pt
3As 8A     ins A2004-18 s
10     def annual percentage rate
ins A2004-18 s 10     def
code ins A2004-18 s
10     def contract document
ins A2004-18 s 10     def
credit ins A2004-18 s
10     def credit contract
ins A2004-18 s 10     def
credit fees and charges ins A2004-18 s
10     def short-term credit
contract ins A2004-18 s
10     om A2005-60 amdt
1.20

Maximum annual percentage
rates 8B     ins A2004 s
10     sub A2005-60 amdt
1.21

Disclosure of cost of
credits 8C     ins A2004 s
10     am A2005-60 amdts
1.22-1.24

Application to the
Crowns 9     om A2005-60 amdt
1.25

Maximum annual percentage
rates 10     om A2004-18 s
11

Proceedings for offences against code or
regulationss 11     om A2005-60 amdt
1.25

Savings and transitional
regulationss 12     om 2001 No 44
amdt 1.803

Regulation-making
powers 13     am 2001 No 44 amdt
1.804

Dictionarydict     ins
A2005-60 amdt 1.26     am A2008-36 amdt
1.153     def annual percentage
rate ins A2004-18 s 9     reloc
from s 3 A2005-60 amdt 1.18     def
code ins A2004-18 s
9     reloc from s 3 A2005-60 amdt
1.18     def Consumer Credit
(Australian Capital Territory) Code      reloc from s 3 A2005-60 amdt
1.18     def Consumer Credit
(Australian Capital Territory) Regualtions      reloc from s 3 A2005-60 amdt
1.18     def Consumer Credit
(Queensland) Act      reloc from s 3 A2005-60 amdt
1.18     def contract document
ins A2004-18 s 9     reloc from
s 3 A2005-60 amdt 1.18     def
credit ins A2004-18 s
9     reloc from s 3 A2005-60 amdt
1.18     def credit contract
ins A2004-18 s 9     reloc from
s 3 A2005-60 amdt 1.18     def
credit fees and charges ins A2004-18 s
9     reloc from s 3 A2005-60 amdt
1.18     def credit
tribunal am 1996 No 42 pt 2 div
1     reloc from s 3 A2005-60 amdt
1.18     om A2008-36 amdt
1.154     def scheme legislation
of the Australian Capital Territory am 2001 No 44 amdt
1.802     reloc from s 3 A2005-60 amdt
1.18

5     Earlier
republications

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 2000 No 17

24 July 2000

2

A2001-44

21 February 2002

3

A2004-18

20 April 2004

4

A2005-60

22 December 2005

(c)  Australian Capital Territory
2009

CONSUMER CREDIT ACT 1995
- NOTES

Australian Capital
Territory

    

A1995-18

Republication No 5

Effective: 2 February 2009 
Republication date: 2 February 2009 
Last amendment made by A2008-36Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Consumer Credit Act 1995 
 (including any amendment made under the Legislation Act 2001, part
11.3 (Editorial changes)) as in force on 2 February 2009

.  It also includes any amendment, repeal or expiry affecting the
republished law to 2 February 2009 
.  

The legislation history and amendment history of the republished law are
set out in endnotes 3 and 4. 

Kinds of republications

The Parliamentary Counsel's Office prepares 2 kinds of republications
of ACT laws (see the ACT legislation register at
www.legislation.act.gov.au):

               o     authorised republications to which the Legislation Act 2001
applies

               o     unauthorised republications.

The status of this republication appears on the bottom of each
page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary
Counsel to make editorial amendments and other changes of a formal nature when
preparing a law for republication.  Editorial changes do not change the effect
of the law, but have effect as if they had been made by an Act commencing on the
republication date (see Legislation Act 2001, s 115 and s 117).  The
changes are made if the Parliamentary Counsel considers they are desirable to
bring the law into line, or more closely into line, with current legislative
drafting practice.  

This republication includes amendments made under part 11.3 (see endnote
1).

Uncommenced provisions and
amendments

If a provision of the republished law has not commenced or is affected by
an uncommenced amendment, the symbol
 U  appears immediately before the
provision heading.  The text of the uncommenced provision or amendment appears
only in the last endnote.

Modifications

If a provision of the republished law is affected by a current
modification, the symbol  M  appears
immediately before the provision heading.  The text of the modifying provision
appears in the endnotes.  For the legal status of modifications, see
Legislation Act 2001, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at
the republication date is--

    (a)    if the person charged is an individual--$100; or

    (b)    if the person charged is a corporation--$500.

Australian Capital
Territory

Consumer Credit Act 1995 

    

Endnotes

Australian Capital
Territory

Consumer Credit Act 1995