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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
CONSUMER CREDIT (TASMANIA)
AMENDMENT BILL 2003
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 5 amended (Application in Tasmania of the
Consumer Credit Code)
5. Section 6 amended (Application of regulations under
Consumer Credit Code)
6. Schedules 1 and 2 inserted
Schedule 1 Provisions having effect by virtue of
section 5(6)
Schedule 2 Provisions having effect by virtue of
section 6(7)
[Bill 18]-IV
2
CONSUMER CREDIT (TASMANIA)
AMENDMENT BILL 2003
This Public Bill originated in the House of Assembly, and, having this day
passed, is now ready for presentation to the Legislative Council for its
concurrence.
P. R. ALCOCK, Clerk of the House
15 April 2003
(Brought in by the Minister for Justice and Industrial
Relations, the Honourable Judith Louise Jackson)
A BILL FOR
An Act to amend the Consumer Credit (Tasmania)
Act 1996 with respect to the sale of goods by
instalment and charging of valuation fees
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
Short title
1. This Act may be cited as the Consumer Credit
(Tasmania) Amendment Act 2003.
Commencement
2. This Act commences on the day on which this Act
receives the Royal Assent.
[Bill 18] 3
s. 3 No. Consumer Credit (Tasmania) 2003
Amendment
Principal Act
3. In this Act, the Consumer Credit (Tasmania) Act 1996*
is referred to as the Principal Act.
Section 5 amended (Application in Tasmania of the
Consumer Credit Code)
4. Section 5 of the Principal Act is amended by inserting
after subsection (5) the following subsections:
(6) Notwithstanding subsection (1), the
Consumer Credit (Tasmania) Code applies as if that
Code were amended as specified in Schedule 1.
(7) Subsection (6) and Schedule 1 expire on a
date to be fixed by proclamation.
Section 6 amended (Application of regulations
under Consumer Credit Code)
5. Section 6 of the Principal Act is amended by inserting
after subsection (6) the following subsections:
(7) Notwithstanding subsection (1), the
Consumer Credit (Tasmania) Regulations apply as if
those regulations were amended as specified in
Schedule 2.
(8) Subsection (7) and Schedule 2 expire on a
date to be fixed by proclamation.
*No. 25 of 1996
4
2003 Consumer Credit (Tasmania) No. s. 6
Amendment
Schedules 1 and 2 inserted
6. After section 13 of the Principal Act, the following
Schedules are inserted before the Annexure:
SCHEDULE 1 PROVISIONS HAVING
EFFECT BY VIRTUE OF SECTION 5(6)
Section 5
The Consumer Credit (Tasmania) Code is amended by
inserting at the end of section 6 the following subsections:
(6) For the purposes of this Code, a debt is taken
to have been incurred and credit to have been
provided where a contract is entered into for the sale
of goods by instalments.
(7) For the purposes of subsection (1)(c), a charge
is or may be made where the charges that are or
may be made (including an amount to purchase the
goods) under a contract for the purchase of goods by
instalments exceed the cash price of the goods.
(8) Subsections (6) and (7) apply despite the
other provisions of this section and a reference in
this Act to the Consumer Credit (Tasmania) Code is
taken to include a reference to that Code as modified
by those subsections.
(9) Subsections (6), (7) and (8) do not apply to the
provision of credit under a contract entered into
before the commencement of the Consumer Credit
(Tasmania) Amendment Act 2003.
5
s. 6 No. Consumer Credit (Tasmania) 2003
Amendment
SCHEDULE 2 PROVISIONS HAVING
EFFECT BY VIRTUE OF SECTION 6(7)
Section 6
The Consumer Credit (Tasmania) Regulations are
amended by inserting after regulation 18 the following
regulation:
Valuation fees for household goods
prohibited
18A. (1) A credit contract may not provide for
any fee or charge for the purpose of determining
the value of household goods.
(2) If a person pays a fee or charge levied in
contravention of the Code, he or she may recover
the fee or charge in any court of competent
jurisdiction from the person to whom it was paid.
(3) Subregulations (1) and (2) apply despite
the other provisions of these regulations and a
reference in any Act to the Consumer Credit
(Tasmania) Regulations is taken to include a
reference to these regulations as modified by this
regulation.
(4) This regulation does not apply to the
provision of credit under a contract entered into
before the commencement of the Consumer
Credit (Tasmania) Amendment Act 2003.
6 Government Printer, Tasmania