Victorian Consolidated Legislation

Consumer Credit (Victoria) Act 1995 - SECT 8

PART 3 CONFERRAL OF JUDICIAL AND ADMINISTRATIVE FUNCTIONS

Conferral of judicial functions

8. Conferral of judicial functions



(1) The jurisdiction that is expressed to be exercisable by "the Court" under
the Consumer Credit (Victoria) Code and the Consumer Credit (Victoria)
Regulations is exercisable by-

   (a)  except in relation to proceedings in respect of which a determination
        is made under subsection (1A), in the case of any jurisdiction under
        section 36(6) or (7), 47(3), 68, 69, 70, 71, 72, 74, 77, 83(1), 88, 89
        or 162 or Division 1 or 2 of Part 6 of the Code-only the Tribunal; or

   (ab) in the case of proceedings in respect of which a determination is made
        under subsection (1A), only a court; or

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



(1A) The Director may determine to bring proceedings (other than proceedings
on behalf of any other person) that the Director is empowered to bring under a
provision of the Code referred to in subsection (1)(a) in a court instead of
the Tribunal if the Director considers that-

   (a)  it is in the public interest to do so; and

   (b)  given the nature and circumstances of the case, it would be more
        appropriately dealt with by a court.



(1B) Subsection (1A) applies only to proceedings commenced after the
commencement of section 3 of the Consumer Credit (Victoria) and Other Acts
Amendment Act 2008.

(2) The jurisdiction conferred on a court by this section (other than the
Tribunal) 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 for or with respect to the transfer of
proceedings between the Tribunal and other courts or between other courts.

(4) The Governor in Council may make regulations for the purposes of this
section.