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TASMANIA
__________
CREDIT (COMMONWEALTH POWERS)
(TRANSITIONAL AND CONSEQUENTIAL
PROVISIONS) BILL 2009
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
PART 2 TRANSITIONAL PROVISIONS
4. Court proceedings
5. Construction of references to former consumer credit legislation
PART 3 MISCELLANEOUS
6. Provision of information and assistance to ASIC
7. ASIC has certain functions and powers
8. Regulations
9. Administration of Act
10. Consequential amendments
11. Legislation repealed
12. Legislation rescinded
13. Legislation revoked
14. Effect of certain consequential amendments
SCHEDULE 1 CONSEQUENTIAL AMENDMENTS
[Bill 91]-VIII
SCHEDULE 2 LEGISLATION REPEALED
SCHEDULE 3 LEGISLATION RESCINDED
SCHEDULE 4 LEGISLATION REVOKED
2
CREDIT (COMMONWEALTH POWERS)
(TRANSITIONAL AND CONSEQUENTIAL
PROVISIONS) BILL 2009
(Brought in by the Minister for Corrections and Consumer
Protection, the Honourable Lisa Maria Singh)
A BILL FOR
An Act to amend and repeal certain Acts, rescind and
revoke certain other legislation and provide for matters of
a transitional nature consequent on the enactment of the
National Consumer Credit Protection Act 2009 of the
Commonwealth and for related purposes
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:
PART 1 PRELIMINARY
1. Short title
This Act may be cited as the Credit
(Commonwealth Powers) (Transitional and
Consequential Provisions) Act 2009.
2. Commencement
The provisions of this Act commence on a day
or days to be proclaimed.
[Bill 91] 3
Credit (Commonwealth Powers) (Transitional and
Consequential Provisions) Act 2009
Act No. of
s. 3 Part 1 Preliminary
3. Interpretation
In this Act, unless the contrary intention
appears
"ASIC" means the Australian Securities and
Investments Commission established by
the Australian Securities and Investments
Commission Act 1989 of the
Commonwealth and continued in
existence by section 261 of the ASIC
Act;
"Director" means the Director of Consumer
Affairs and Fair Trading appointed under
section 9 of the Consumer Affairs Act
1988;
"former consumer credit legislation" means
any of the following (as in force
immediately before its repeal by this
Act):
(a) the Consumer Credit (Tasmania)
Act 1996 (including the
Consumer Credit (Tasmania)
Code and the Consumer Credit
(Tasmania) Regulations);
(b) the Consumer Credit (Tasmania)
(Jurisdiction of Courts)
Regulations 2006;
(c) the Consumer Credit (Tasmania)
(Transitional) Regulations 2006;
4
Credit (Commonwealth Powers) (Transitional and
Consequential Provisions) Act 2009
Act No. of
Part 1 Preliminary s. 3
"National Credit legislation" means
(a) the National Consumer Credit
Protection Act 2009 of the
Commonwealth; and
(b) the National Consumer Credit
Protection (Transitional and
Consequential Provisions) Act
2009 of the Commonwealth;
"proceedings" has the same meaning as in the
National Consumer Credit Protection
(Transitional and Consequential
Provisions) Act 2009 of the
Commonwealth.
5
Credit (Commonwealth Powers) (Transitional and
Consequential Provisions) Act 2009
Act No. of
s. 4 Part 2 Transitional Provisions
PART 2 TRANSITIONAL PROVISIONS
4. Court proceedings
Proceedings in a court that constitute old
proceedings under item 4(1) of Schedule 1 to the
National Consumer Credit Protection
(Transitional and Consequential Provisions) Act
2009 of the Commonwealth cease to be
proceedings under a law of the State
immediately after the commencement of that
item of that Act.
5. Construction of references to former consumer
credit legislation
(1) In this section
"document" means any Act (other than this
Act) or statutory instrument, or any other
instrument, or any contract or agreement.
(2) In any document
(a) a reference to any former consumer
credit legislation extends to the National
Credit legislation; and
(b) a reference to a provision of any former
consumer credit legislation extends to the
corresponding provision (if any) of the
National Credit legislation.
6
Credit (Commonwealth Powers) (Transitional and
Consequential Provisions) Act 2009
Act No. of
Part 3 Miscellaneous s. 6
PART 3 MISCELLANEOUS
6. Provision of information and assistance to ASIC
Despite any other Act or law, the Director is
authorised, on his or her own initiative or at the
request of ASIC
(a) to provide ASIC with any document, or
other information, in the possession or
control of the Director that is reasonably
required by ASIC in connection with the
performance or exercise of its functions
or powers under the National Credit
legislation; and
(b) to provide ASIC with such other
assistance as is reasonably required by
ASIC to perform or exercise a function
or power under the National Credit
legislation.
7. ASIC has certain functions and powers
(1) The Minister, or a person authorised in writing
by the Minister, may enter into an agreement or
arrangement with ASIC for the performance of
functions or the exercise of powers by ASIC as
an agent of the State, even if those functions or
powers are or may be conferred on another
person or body by or under a law of the State.
7
Credit (Commonwealth Powers) (Transitional and
Consequential Provisions) Act 2009
Act No. of
s. 8 Part 3 Miscellaneous
(2) An agreement or arrangement of a kind referred
to in subsection (1) has effect by force of this
section despite any provision of a law of the
State in respect of any function or power that is
the subject of the agreement or arrangement.
8. Regulations
(1) The Governor may make regulations containing
provisions of a savings or transitional nature
consequent on
(a) the enactment of this Act; or
(b) the transition from the application of the
provisions of the former consumer credit
legislation to the application of
provisions of the National Credit
legislation.
(2) If such regulations so provide, the regulations
have effect despite any other provision of this
Act.
(3) Regulations made under subsection (1) may take
effect when this section commences or on a later
day specified in the regulations, whether the day
so specified is before, on or after the day on
which the regulations are made.
(4) To the extent to which regulations take effect
under subsection (3) on a day that is earlier than
the day on which the regulations are made, the
8
Credit (Commonwealth Powers) (Transitional and
Consequential Provisions) Act 2009
Act No. of
Part 3 Miscellaneous s. 9
regulations do not operate to the disadvantage of
a person by
(a) decreasing the person's rights; or
(b) imposing liabilities on the person.
9. Administration of Act
Until provision is made in relation to this Act
under section 4 of the Administrative
Arrangements Act 1990
(a) the administration of this Act is assigned
to the Minister for Corrections and
Consumer Protection; and
(b) the department responsible to that
Minister in relation to the administration
of this Act is the Department of Justice.
10. Consequential amendments
The legislation specified in Schedule 1 is
amended as specified in that Schedule.
11. Legislation repealed
The legislation specified in Schedule 2 is
repealed.
9
Credit (Commonwealth Powers) (Transitional and
Consequential Provisions) Act 2009
Act No. of
s. 12 Part 3 Miscellaneous
12. Legislation rescinded
The legislation specified in Schedule 3 is
rescinded.
13. Legislation revoked
The legislation specified in Schedule 4 is
revoked.
14. Effect of certain consequential amendments
The amendment of an order under Schedule 1
does not bar its further amendment by a
subsequent order.
10
Credit (Commonwealth Powers) (Transitional and
Consequential Provisions) Act 2009
Act No. of
sch. 1
SCHEDULE 1 CONSEQUENTIAL AMENDMENTS
Section 10
Acts Interpretation Act 1931
1. Section 46BA is repealed.
Bills of Sale Act 1900
1. Section 4A is repealed.
Consumer Affairs Act 1988
1. Section 3A is amended by omitting "the
Consumer Credit (Tasmania) Code,".
2. Section 16 is amended as follows:
(a) by omitting from subsection (3) "the
Consumer Credit (Tasmania) Code,";
(b) by omitting from subsection (4) "the
Consumer Credit (Tasmania) Code,".
Justices Order 2004
1. Clause 4 is amended by omitting paragraph (j).
11
Credit (Commonwealth Powers) (Transitional and
Consequential Provisions) Act 2009
Act No. of
sch. 1
Police Offences Act 1935
1. Section 37L(3) is amended as follows:
(a) by omitting "section 37Y(5)" and
substituting "section 37Y(3)";
(b) by omitting "Consumer Credit
(Tasmania) Code." and substituting
"National Credit Code as set out in
Schedule 1 to the National Consumer
Credit Protection Act 2009 of the
Commonwealth.".
12
Credit (Commonwealth Powers) (Transitional and
Consequential Provisions) Act 2009
Act No. of
sch. 2
SCHEDULE 2 LEGISLATION REPEALED
Section 11
Consumer Credit (Tasmania) Act 1996 (No. 25 of 1996)
Consumer Credit (Tasmania) Amendment Act 2003 (No. 20 of
2003)
Consumer Credit (Tasmania) Amendment Act 2007 (No. 40 of
2007)
13
Credit (Commonwealth Powers) (Transitional and
Consequential Provisions) Act 2009
Act No. of
sch. 3
SCHEDULE 3 LEGISLATION RESCINDED
Section 12
Consumer Credit (Tasmania) Amendment Regulations 1999
(No. 82 of 1999)
Consumer Credit (Tasmania) (Jurisdiction of Courts)
Regulations 2006 (No. 94 of 2006)
Consumer Credit (Tasmania) (Transitional) Regulations 2006
(No. 127 of 2006)
14
Credit (Commonwealth Powers) (Transitional and
Consequential Provisions) Act 2009
Act No. of
sch. 4
SCHEDULE 4 LEGISLATION REVOKED
Section 13
Consumer Credit (Tasmania) Order 1996 (No. 149 of 1996)
Consumer Credit (Tasmania) Order (No. 2) 1996 (No. 172 of
1996)
Consumer Credit (Tasmania) Order 1997 (No. 1 of 1997)
Proclamation under the Consumer Credit (Tasmania) Act
1996 (No. 7 of 1997)
Proclamation under the Consumer Credit (Tasmania) Act
1996 (No. 145 of 1997)
Proclamation under the Consumer Credit (Tasmania) Act
1996 (No. 52 of 1998)
Proclamation under the Consumer Credit (Tasmania) Act
1996 (No. 158 of 1998)
Proclamation under the Consumer Credit (Tasmania) Act
1996 (No. 159 of 1998)
Proclamation under the Consumer Credit (Tasmania) Act
1996 (No. 38 of 1999)
Proclamation under the Consumer Credit (Tasmania) Act
1996 (No. 153 of 1999)
Proclamation under the Consumer Credit (Tasmania) Act
1996 (No. 158 of 2002)
Proclamation under the Consumer Credit (Tasmania) Act
1996 (No. 159 of 2002)
15
Credit (Commonwealth Powers) (Transitional and
Consequential Provisions) Act 2009
Act No. of
sch. 4
Proclamation under the Consumer Credit (Tasmania) Act
1996 (No. 18 of 2003)
Proclamation under the Consumer Credit (Tasmania) Act
1996 (No. 19 of 2003)
Proclamation under the Consumer Credit (Tasmania) Act
1996 (No. 80 of 2005)
Proclamation under the Consumer Credit (Tasmania) Act
1996 (No. 76 of 2006)
Proclamation under the Consumer Credit (Tasmania) Act
1996 (No. 116 of 2006)
Proclamation under the Consumer Credit (Tasmania) Act
1996 (No. 149 of 2006)
Proclamation under the Consumer Credit (Tasmania) Act
1996 (No. 38 of 2008)
16 Government Printer, Tasmania