Western Australian Repealed Regulations Western Australian Repealed RegulationsThis legislation has been repealed.
TABLE OF PROVISIONS
PART 1 -- Preliminary
1. Citation
2. Commencement
3. Definition
4. Forms
PART 2 -- Matters prescribed for the purposes of Part 1 of the Code (Preliminary)
5. Exempt credit -- maximum account charges
6. Additional exempt credit
6A. GIO Finance Limited’s No Interest Loan Scheme --exemption from Code
6B. Rental Purchase Plan -- exemption from certain provisions of Code
6C. Partnership loans -- exemption from certain provisions of Code
6D. Student loans -- exemption from certain provisions of Code
6E. Authorised deposit-taking institutions – exemption from Code
7. Mortgages -- exemptions from Code
8. Guarantees -- exemption from Code
9. Deemed mortgage for goods lease with option to purchase
10. Declaration of purposes for which credit provided
PART 3 -- Matters prescribed for the purposes of Part 2 of the Code (Credit contracts)
11. Statement about debtor’s statutory rights and obligations
12. Comparison rate
13. Pre-contractual statement
14. Additional disclosures about insurance financed by contract
15. Additional disclosures about credit contracts to be signed by debtor
16. Deduction of amount for interest charges
17. Calculation of unpaid daily balances
18. Early debit or payment of interest charges
19. When statement of account not required
PART 4 -- Matters prescribed for the purposes of Part 3 of the Code (Related mortgages and guarantees)
20. Form of guarantees
21. Explanation about guarantor’s rights and obligations
PART 5 -- Matters prescribed for the purposes of Part 4 of the Code (Changes to obligations under credit contracts, mortgages and guarantees)
22. Information about increases in the amount of credit
PART 6 -- Matters prescribed for the purposes of Part 5 of the Code (Ending and enforcing credit contracts, mortgages and guarantees)
23. Information after surrender of goods
24. Consent to enter premises
25. Statement about mortgagor’s rights and obligations
26. Information about proceeds of sale of mortgaged goods
PART 7 -- Matters prescribed for the purposes of Part 7 of the Code (Related sale contracts)
27. Rate of interest on damages
28. Informing debtor of rights
29. Rebate of consideration
PART 8 -- Matters prescribed for the purposes of Part 8 of the Code (Related insurance contracts)
30. Particulars of insurance entered into by credit provider
31. Proportionate rebate of consumer credit insurance premium
32. Notice of right to cancel mortgaged property insurance
33. Proportionate rebate of premium for insurance over mortgaged property
PART 9 -- Matters prescribed for the purposes of Part 10 of the Code (Consumer leases)
34. Declaration about purpose of leases
35. Explanation about rights and obligations of consumer lessees
PART 10 -- Matters prescribed for the purposes of Part 11 of the Code (Miscellaneous)
36. Tolerances relating to disclosures
37. Tolerances relating to amounts payable etc.
38. Additional assumptions relating to disclosures
38A. Contracts linked to loan account offset arrangements
39. Requirements for print or type
40. Address for notices
PART 11 -- Savings and transitional provisions
Division 1 -- General
40A. Transitional provisions
41. Definitions
Division 2 -- Savings and transitional provisions generally
42. Application of Code -- pre-Code contracts other than continuing credit contracts
43. Application of Code -- pre-Code continuing credit contracts
44. Application of Code -- mortgages and guarantees
45. Application of Code -- goods leases with option to purchase
46. Application of Code -- purpose for which credit is provided
47. Presumptions relating to application of Code to pre-Code continuing credit contracts
48. Disclosures to debtors under pre-Code continuing credit contracts
49. Special transitional provision with respect to pre-determined credit charge
50. Special transitional provision with respect to early payment of interest
51. First statement of opening balance for pre-Code continuing credit contracts
52. Variation of existing pre-Code non-continuing credit contracts to increase credit
53. Variation of existing contracts imposing monetary liabilities prohibited by Code
54. Application of Code -- hardship and unjust transactions with respect to pre-Code continuing credit contracts
55. Previous default notice
56. Application of Code -- related sale contracts
57. Application of Code -- consumer leases
Division 3 -- Special transitional provisions
58. Credit fees and charges
59. Matters to be included in contract document
60. Copies of contracts and mortgages for debtors
61. End of day for purposes of credit contracts
62. Early debit of interest charges
63. Dating and adjustment of debits and credits in accounts
64. Statements of account for multiple facility contracts
65. Requirements for statements of amounts owing
66. Particulars of interest rate changes
67. Particulars of repayment changes
68. Particulars of credit fees and charges changes
69. Particulars of unilateral changes by credit provider
70. Agreed changes to contracts, mortgages and guarantees
71. Particulars of changes on grounds of hardship
72. Key requirements
73. Termination of insurance contracts
74. Application of Code to related insurance contracts
75. Contribution to civil penalties by participants in programs
76. Recovery by nominated credit provider
77. Effect of sections 75 and
Division 4 -- Transitional provisions arising from amending Act
78. Definition
79. Inclusion of additional information in financial table
80. Changes to key requirements
81. Limitation of guarantor’s liability
82. Nominations to receive notices
SCHEDULE