FAIR TRADING AND OTHER ACTS AMENDMENT ACT 2009 (NO. 19 OF 2009) - SECT 23 New sections 4 and 4A substituted for section 4

FAIR TRADING AND OTHER ACTS AMENDMENT ACT 2009 (NO. 19 OF 2009) - SECT 23

For section 4 of the Consumer Credit (Victoria) and Other Acts Amendment Act 2008 substitute —

        '     4     New section 9A inserted

In Part 4 of the Consumer Credit (Victoria) Act 1995 , before section 10 insert —

        " 9A     Definitions

        In this Part—

"approved EDR scheme" means—

        (a)     an external dispute resolution scheme that is approved by the Australian Securities and Investments Commission in accordance with section 912A(2)(b) of the Corporations Act; or

        (b)     a dispute resolution scheme prescribed by the regulations to be an approved EDR scheme for credit providers.".

        4A     Definitions

    (1)     Insert the following definitions in section 9A of the Consumer Credit (Victoria) Act 1995 —

""associate", in relation to a person, means—

        (a)     a spouse or domestic partner of the person, other than a spouse or domestic partner—

              (i)     who is not, and has never been, involved in the person's business of providing credit; or

              (ii)     who will not be involved in the person's proposed business of providing credit; or

        (b)     if the person is a body corporate, a director of the body corporate;

"disqualifying offence" means an offence involving fraud, dishonesty, violence or drug trafficking punishable on conviction by—

        (a)     in the case of a natural person, imprisonment for 3 months or more (whether or not in addition to a fine); or

        (b)     in the case of a body corporate, a fine of 100 penalty units or more;

"domestic partner "of a person means—

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        (a)     a person who is in a registered relationship with the person; or

        (b)     an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—

              (i)     for fee or reward; or

              (ii)     on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);

"Register" means the Register of Credit Providers under section 19 ;

"relevant business" means the business of—

        (a)     providing credit; or

        (b)     finance broking; or

        (c)     providing financial services within the meaning of the Corporations Act;

"relevant licence or registration" means—

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        (a)     a licence or registration as a credit provider under the law of another State or of a Territory; or

        (b)     a licence or registration as a finance broker under the law of any Australian jurisdiction; or

        (c)     an Australian financial services licence under the Corporations Act;

"spouse" of a person means a person to whom the person is married.".

    (2)     At the end of section 9A of Consumer Credit (Victoria) Act 1995 insert —

    "(2)     For the purposes of the definition of domestic partner in subsection (1)—

        (a)     "registered relationship" has the same meaning as in the Relationships Act 2008 ; and

        (b)     in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and

        (c)     a person is not a domestic partner of another person only because they are co-tenants.".'.