Commonwealth Numbered Acts Commonwealth Numbered Acts(1) In this Act:
"appeal or review proceedings" , in relation to an order of a court or tribunal, means proceedings by way of appeal, or otherwise seeking review, of the order.
"carried over instrument" means a contract or other instrument that:
(a) was made before commencement; and
(b) was in force immediately before commencement; and
(c) the old Credit Code of a referring State or a Territory applied to immediately before commencement.
"carried over provision" of the old Credit Code of a referring State or a Territory means a provision of the old Credit Code of that State or Territory that:
(a) was in force immediately before commencement; and
(b) corresponds to a provision of the new Credit Code.
Chapter 3 start day : see subitem 19(1) of Schedule 1 to this Act.
"civil penalty provision" : a subitem of a Schedule to this Act (or an item of a Schedule to this Act that is not divided into subitems) is a civil penalty provision if:
(a) the words "civil penalty" and one or more amounts in penalty units are set out at the foot of the subitem (or item); or
(b) another provision of this Act specifies that the subitem (or item) is a civil penalty provision.
"commencement" means the start of 1 July 2010, or a later day prescribed by the regulations.
"contract or other instrument" includes credit contracts, mortgages, guarantees, consumer leases and sale contracts.
"corresponds" : see section 5.
"enforcement proceedings" , in relation to an order made by a court or tribunal, means:
(a) proceedings to enforce the order; or
(b) any other proceedings in relation to a contravention of the order.
"interlocutory application" means an application that:
(a) is made during the course of proceedings; and
(b) is for an order that is incidental to the principal object of those proceedings, including, for example:
(i) an order about the conduct of those proceedings; or
(ii) an order assisting a party to those proceedings to present their case in those proceedings; or
(iii) an order protecting or otherwise dealing with property that is the subject matter of those proceedings;
but not including an order making a final determination of existing rights or liabilities.
(a) an order made in relation to an interlocutory application; or
(b) an order or direction about the conduct of proceedings.
"interlocutory proceedings" means proceedings:
(a) dealing only with; or
(b) to the extent it deals with;
"liability" includes a duty or obligation.
"made" includes issued, given or published.
"National Credit Act" means the National Consumer Credit Protection Act 2009 and includes instruments made under that Act.
"new Credit Code" means Schedule 1 to the National Credit Act and includes:
(a) regulations made under section 329 of the National Credit Act for the purposes of that Schedule; and
(b) instruments made under subsection 6(14) or (17) of that Schedule.
"old Credit Code" means the following:
(a) for New South Wales--the Consumer Credit (New South Wales) Code, and the Consumer Credit (New South Wales) Regulations, within the meaning of the Consumer Credit (New South Wales) Act 1995 of New South Wales, as in force from time to time before commencement;
(b) for Victoria--the Consumer Credit (Victoria) Code, and the Consumer Credit (Victoria) Regulations, within the meaning of the Consumer Credit (Victoria) Act 1995 of Victoria, as in force from time to time before commencement;
(c) for Queensland--the Consumer Credit (Queensland) Code, and the Consumer Credit (Queensland) Regulations, within the meaning of the Consumer Credit (Queensland) Act 1994 of Queensland, as in force from time to time before commencement;
(d) for Western Australia--the Consumer Credit (Western Australia) Code, and the Consumer Credit (Western Australia) Code Regulations, within the meaning of the Consumer Credit (Western Australia) Act 1996 of Western Australia, as in force from time to time before commencement;
(e) for South Australia--the Consumer Credit (South Australia) Code, and the Consumer Credit (South Australia) Regulations, within the meaning of the Consumer Credit (South Australia) Act 1995 of South Australia, as in force from time to time before commencement;
(f) for Tasmania--the Consumer Credit (Tasmania) Code, and the Consumer Credit (Tasmania) Regulations, within the meaning of the Consumer Credit (Tasmania) Act 1996 of Tasmania, as in force from time to time before commencement;
(g) for the Australian Capital Territory--the Consumer Credit (Australian Capital Territory) Code, and the Consumer Credit (Australian Capital Territory) Regulations, within the meaning of the Consumer Credit Act 1995 of the Australian Capital Territory, as in force from time to time before commencement;
(h) for the Northern Territory--the Consumer Credit (Northern Territory) Code, and the Consumer Credit (Northern Territory) Regulations, within the meaning of the Consumer Credit (Northern Territory) Act 1995 of the Northern Territory, as in force from time to time before commencement.
"old right or liability" : see subitem 11(1) or 12(1) of Schedule 1 to this Act.
"order" of a court or tribunal includes any judgment, conviction or sentence of the court or tribunal.
"preserved instrument" means an instrument that, because of item 10 of Schedule 1 to this Act, has effect after commencement as if it were made under the new Credit Code.
"primary proceedings" means proceedings other than interlocutory proceedings.
"proceedings" means proceedings, whether criminal or civil, before a court or tribunal.
"registered" means registered under item 12 of Schedule 2 to this Act.
"registered person" means a person who is registered under item 12 of Schedule 2 to this Act.
"registered to engage in a credit activity" : a person is registered to engage in a credit activity if the person is registered, and the registration authorises the person to engage in the credit activity.
"registrable corporation" has the same meaning as in section 7 of the Financial Sector (Collection of Data) Act 2001 .
"registration" means registration under item 12 of Schedule 2 to this Act.
"representative" of a person means:
(a) if the person is a registered person:
(i) a credit representative of the registered person; or
(ii) an employee or director of the registered person; or
(iii) an employee or director of a related body corporate of the registered person; or
(iv) any other person acting on behalf of the registered person; or
(b) in any other case:
(i) an employee or director of the person; or
(ii) an employee or director of a related body corporate of the person; or
(iii) any other person acting on behalf of the person.
"right" includes an interest or status.
"sale contract" : has the same meaning as in section 125 of the new Credit Code.
"substituted right or liability" : see subitem 11(2) or 12(3) of Schedule 1 to this Act.
"this Act" includes instruments made under this Act.
"transition end day" means 30 June 2011, or a later day prescribed by the regulations.
"tribunal" means tribunal in Australia.
(2) In this Act, expressions that are defined in the National Credit Act (other than in the new Credit Code) have the same meanings as they have in that Act.