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TASMANIA
__________
CREDIT (COMMONWEALTH POWERS) BILL
2009
__________
CONTENTS
1. Short title
2. Commencement
3. Interpretation
4. Reference of matters
5. Termination of references
6. Effect of termination of amendment reference before initial
reference
7. Evidence
8. Administration of Act
[Bill 63]-VIII
2
CREDIT (COMMONWEALTH POWERS) BILL
2009
(Brought in by the Minister for Corrections and Consumer
Protection, the Honourable Lisa Maria Singh)
A BILL FOR
An Act to refer certain matters relating to the provision of
credit and certain other financial transactions to the
Parliament of the Commonwealth for the purposes of
section 51(xxxvii) of the Constitution of the
Commonwealth
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:
1. Short title
This Act may be cited as the Credit
(Commonwealth Powers) Act 2009.
2. Commencement
This Act commences on a day to be proclaimed.
3. Interpretation
In this Act, unless the contrary intention
appears
[Bill 63] 3
Credit (Commonwealth Powers) Act 2009
Act No. of
s. 3
"amendment reference" means the reference
under section 4(1)(b);
"Commonwealth Credit instrument" means
any instrument (whether or not of a
legislative character) that is made or
issued under the National Credit
legislation;
"express amendment" of the National Credit
legislation means the direct amendment
of the text of the National Credit
legislation (whether by the insertion,
omission, repeal, substitution or
relocation of words or matter) by another
Commonwealth Act or by an instrument
under a Commonwealth Act, but does not
include the enactment by a
Commonwealth Act of a provision that
has or will have substantive effect
otherwise than as part of the text of the
National Credit legislation;
"initial National Credit Code" means the
text of Schedule 1 to the National
Consumer Credit Protection Bill 2009
under paragraph (a) of the
definition of "tabled text";
"initial reference" means the reference under
section 4(1)(a);
"initial referred provisions" means the
tabled text to the extent to which that text
deals with matters that are included in the
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Credit (Commonwealth Powers) Act 2009
Act No. of
s. 3
legislative powers of the Parliament of
the State;
"National Credit legislation" means
Commonwealth Acts enacted in the
terms, or substantially in the terms, of the
tabled text set out as
(a) the National Consumer Credit
Protection Bill 2009; and
(b) the National Consumer Credit
Protection (Transitional and
Consequential Provisions) Bill
2009
and as in force from time to time;
"reference" means
(a) the initial reference; or
(b) the amendment reference;
"referred credit matter" means a matter
relating to either of the following:
(a) credit, being credit the provision
of which would be covered by the
expression "provision of credit to
which this Code applies" in the
initial National Credit Code;
(b) consumer leases, being consumer
leases each of which would be
covered by the expression
"consumer lease to which Part 11
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Credit (Commonwealth Powers) Act 2009
Act No. of
s. 4
applies" in the initial National
Credit Code;
"tabled text" means the text of the following
Bills for Commonwealth Acts:
(a) National Consumer Credit
Protection Bill 2009;
(b) National Consumer Credit
Protection (Transitional and
Consequential Provisions) Bill
2009
as tabled, by or on behalf of the Minister
introducing the Bill for this Act, in the
House of Assembly at any time during
the period between the Minister receiving
the call and presenting the Bill for this
Act to the House of Assembly, in
accordance with Standing Order No. 229
of the House of Assembly, and the
second reading of that Bill in the House
of Assembly.
4. Reference of matters
(1) The following matters are referred to the
Parliament of the Commonwealth:
(a) the matters to which the initial referred
provisions relate, but only to the extent
of the making of laws with respect to
those matters by including the initial
referred provisions in Acts enacted in the
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Credit (Commonwealth Powers) Act 2009
Act No. of
s. 4
terms, or substantially in the terms, of the
tabled text;
(b) any referred credit matter, but only to the
extent of the making of laws with respect
to such a matter by making express
amendments of the National Credit
legislation.
(2) The reference of a matter under subsection (1)
has effect only
(a) if and to the extent that the matter is not
included in the legislative powers of the
Parliament of the Commonwealth
(otherwise than by a reference under
section 51(xxxvii) of the Constitution of
the Commonwealth); and
(b) if and to the extent that the matter is
included in the legislative powers of the
Parliament of the State.
(3) The operation of each paragraph of
subsection (1) is not affected by the other
paragraph.
(4) For the avoidance of doubt, it is the intention of
the Parliament of the State that
(a) the National Credit legislation may be
expressly amended, or have its operation
otherwise affected, at any time after the
commencement of this Act by provisions
of Commonwealth Acts the operation of
which is based on legislative powers that
the Parliament of the Commonwealth has
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Credit (Commonwealth Powers) Act 2009
Act No. of
s. 5
apart from under the references under
subsection (1); and
(b) the National Credit legislation may have
its operation affected, otherwise than by
express amendment, at any time by
provisions of Commonwealth Credit
instruments.
(5) Despite any other provision of this section, a
reference under this section has effect for a
period
(a) beginning when this section commences;
and
(b) ending at the end of the day fixed under
section 5 as the day on which the
reference is to terminate
but no longer.
5. Termination of references
(1) The Governor may, at any time, by proclamation
published in the Gazette, fix a day as the day on
which
(a) the references terminate; or
(b) the amendment reference terminates.
(2) The Governor may, by proclamation published
in the Gazette, revoke a proclamation published
under subsection (1), in which case the revoked
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Credit (Commonwealth Powers) Act 2009
Act No. of
s. 6
proclamation is taken (for the purposes of
section 4) never to have been published.
(3) A revoking proclamation has effect only if
published before the day fixed under
subsection (1).
(4) The revocation of a proclamation published
under subsection (1) does not prevent
publication of a further proclamation under that
subsection.
(5) If the amendment reference has terminated, the
expression "the references" in subsection (1)(a)
refers only to the initial reference.
6. Effect of termination of amendment reference
before initial reference
(1) If the amendment reference terminates before the
initial reference terminates, the termination of
the amendment reference does not affect
(a) laws that were made under the
amendment reference (but not repealed)
before that termination (whether or not
they have come into operation before that
termination); or
(b) the continued operation in the State of
the National Credit legislation as in
operation immediately before that
termination or as subsequently amended
or affected by
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Credit (Commonwealth Powers) Act 2009
Act No. of
s. 7
(i) laws referred to in paragraph (a)
that come into operation after that
termination; or
(ii) provisions referred to in
section 4(4)(a) or (b).
(2) Accordingly, the amendment reference continues
to have effect for the purposes of subsection (1)
unless the initial reference is terminated.
(3) Subsection (1) does not apply to or in relation to
an amendment of the National Credit legislation
that is excluded from the operation of this
section by the proclamation that terminates the
amendment reference.
(4) For the purposes of subsection (1)
(a) the laws referred to in subsection (1)(a)
include Commonwealth Credit
instruments; and
(b) the reference in subsection (1)(b) to the
National Credit legislation as in
operation immediately before the
termination of the amendment reference
includes that legislation as affected by
Commonwealth Credit instruments that
have come into operation before that
time.
7. Evidence
(1) A certificate of the Clerk of the House of
Assembly certifying that a document is an
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Credit (Commonwealth Powers) Act 2009
Act No. of
s. 8
accurate copy of the tabled text, or is an accurate
copy of a particular part or of particular
provisions of the tabled text, is admissible in
evidence in any proceedings and is evidence
(a) of the matter certified; and
(b) that the text of the proposed
Commonwealth Bills was tabled in the
House of Assembly as referred to in the
definition of "tabled text" in section 3.
(2) Subsection (1) does not affect any other way in
which the tabling or content of the tabled text, or
the accuracy of a copy of the tabled text or of a
part or provisions of the tabled text, may be
established.
8. 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.
Government Printer, Tasmania 11