Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For the purposes of paragraph 110(1)(a) of the Act, this regulation exempts certain persons from:
(a) section 29 of the Act; and
(b) definitions in the Act as they apply to references in the provision mentioned in paragraph (a); and
(c) instruments made for the purpose of any of the provisions mentioned in paragraphs (a) and (b).
Note: Section 29 of the Act provides that a person must not engage in a credit activity if the person does not hold a licence authorising the person to engage in the credit activity.
(2) The person is exempted only to the extent that the person is engaging in the specified credit activity.
Note: If the person also engages in a credit activity that is not the subject of an exemption under the Act, the person is not exempted in relation to that credit activity.
(3) A person is exempted if:
(a) the person is:
(i) a supplier of goods or services (the supplier ); or
(ii) a related body corporate of the supplier; or
(iii) engaging in a credit activity primarily on the premises of the supplier with the agreement of the supplier; and
(b) the person is:
(i) on behalf of a relevant credit provider for a credit contract or proposed credit contract, performing the obligations or exercising the rights of the relevant credit provider in relation to the contract or proposed contract; or
(ii) on behalf of a relevant lessor for a consumer lease or proposed consumer lease, performing the obligations or exercising the rights of the lessor under the lease or proposed lease; or
(iii) on behalf of a relevant mortgagee for a mortgage or proposed mortgage, performing the obligations or exercising the rights of the mortgagee under the mortgage or proposed mortgage; or
(iv) on behalf of a relevant beneficiary of a guarantee or proposed guarantee, performing the obligations or exercising the rights of the beneficiary in relation to the guarantee or proposed guarantee; or
(v) providing credit services in relation to a credit contract or consumer lease offered or provided by a relevant credit provider or relevant lessor; and
(c) if:
(i) the person is acting on behalf of the credit provider for a credit contract or proposed credit contract that is a loan contract or engaging in credit services in relation to a loan contract; and
(ii) the credit provided under the loan contract or the credit that would be provided if the loan contract were entered into will wholly or predominantly be used to pay for goods or services supplied by the supplier; and
(d) if:
(i) the person is acting on behalf of the credit provider of a credit contract or proposed credit contract that is a continuing credit contract or engaging in credit services in relation to a continuing contract; and
(ii) the credit initially provided under the continuing credit contract or the credit that would be initially provided under the continuing credit contract if it were entered into will wholly or predominantly be used to pay for goods or services supplied by the supplier; and
(e) if:
(i) the person is acting on behalf of a lessor for a consumer lease or proposed consumer lease or engaging in credit services in relation to a consumer lease; and
(ii) payments made under the lease or payments that would be made under the lease if the lease were entered into will wholly or predominantly be used to pay the lessor for the hire of goods supplied by the supplier.
(4) The person is not exempted if the person supplies goods or services to the consumer as a result of unsolicited contact with the consumer.
(5) In this regulation:
"relevant beneficiary" of a guarantee or proposed guarantee, means the beneficiary of the guarantee or proposed guarantee if the beneficiary is a:
(a) licensee, registered person or exempt special purpose funding entity; and
(b) linked credit provider or lessor of the supplier mentioned in subparagraph (3)(a)(i).
"relevant credit provider" for a credit contract or proposed credit contract, means the credit provider for the contract or proposed contract if the credit provider is a:
(a) licensee, registered person or exempt special purpose funding entity; and
(b) linked credit provider or lessor of the supplier mentioned in subparagraph (3)(a)(i).
"relevant lessor" for a consumer lease or proposed consumer lease, means the lessor under the lease or proposed lease if the lessor is a:
(a) licensee, registered person or exempt special purpose funding entity; and
(b) linked credit provider or lessor of the supplier mentioned in subparagraph (3)(a)(i).
"relevant mortgagee" for a mortgage or proposed mortgage, means the mortgagee under the mortgage or proposed mortgage if the mortgagee is a:
(a) licensee, registered person or exempt special purpose funding entity; and
(b) linked credit provider or lessor of the supplier mentioned in subparagraph (3)(a)(i).