New South Wales Consolidated Acts

CREDIT ACT 1984 - SECT 3

3 Application of Act and transitional provisions

(1) Except as otherwise expressly provided in or under this Act, this Act applies (notwithstanding anything to the contrary in any other Act or law) to and in respect of a contract of sale, credit contract or mortgage:

(a) if the contract of sale, credit contract or mortgage is in writing and is signed in New South Wales by the buyer, debtor or mortgagor, or

(b) where the contract of sale, credit contract or mortgage is not in writing or is in writing but is not signed by the buyer, debtor or mortgagor in New South Wales or in a recognized State:

(i) in the case of a contract of sale, if the goods or services are, or are to be, delivered or supplied in New South Wales,

(ii) in the case of a credit contract if the credit is, or is to be, provided to the debtor in New South Wales or the debtor has, or is to have, the use or benefit of the credit in New South Wales, or

(iii) in the case of a mortgage, if property subject to the mortgage is at the date of creation of the mortgage situated in New South Wales.

(2) Subject to subsection (3), a provision of this Act that relates to a contract of sale, credit contract, mortgage or contract for the hiring of goods, does not apply to or in relation to a contract of sale, credit contract, mortgage or contract for the hiring of goods, as the case may be, made before the commencement of the provision.

(3) This Act (except sections 58, 59 and 67 (1) (c) and Parts 2, 7, 8 and 9) applies to and in relation to a continuing credit contract made before the commencement of Part 3 that, if it had been made after that commencement, would have been a continuing credit contract to which that Part applies but nothing in this Act applies to or in relation to a billing cycle that commenced before the commencement of that Part.

(4) Where, by reason of subsection (3), this Act (except sections 58, 59 and 67 (1) (c) and Parts 2, 7, 8 and 9) applies to and in relation to a continuing credit contract, the credit provider shall, when he or she first gives a statement of account referred to in section 61 after the commencement of Part 3, give to the debtor a statement in accordance with section 58 and a notice stating the matters required to be stated in a notice under section 59.

Penalty: 10 penalty units.