Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) For paragraphs 42 (a) and (c) of Schedule 2 to the Act, this regulation:
(a) exempts certain persons engaging in a credit activity from:
(i) items 4 and 6 of Schedule 2 to the Act; and
(ii) definitions in the Act, as they apply to references in the provisions mentioned in subparagraph (i); and
(iii) instruments made for the purposes of any of the provisions mentioned in subparagraphs (i) and (ii); and
(b) modifies specified provisions for the purposes of the exemption under paragraph (a).
Note Item 4 of Schedule 2 to the Act provides that a person must not engage in a credit activity during a specified period unless the person is registered or holds a licence authorising the person to engage in the credit activity.
Item 6 of Schedule 2 to the Act provides that a person must not engage in a credit activity during a specified period unless the person is:
(a) registered and has applied for a licence authorising the person to engage in the credit activity; or
(b) holds 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; or
(ii) a related body corporate of a supplier of goods or services; and
(b) the person is:
(i) engaging in a credit activity mentioned in:
(A) paragraph (c) of item 1 of the table in subsection 6 (1) of the National Credit Act:
(I) on behalf of the credit provider who is a licensee or a registered person; and
(II) in relation to a credit contract or consumer lease; or
(B) paragraph (c) of item 3 of the table in subsection 6 (1) of that Act:
(I) on behalf of the lessor who is a licensee or a registered person; and
(II) in relation to a credit contract or consumer lease; or
(C) paragraph (b) of item 4 of the table in subsection 6 (1) of that Act:
(I) on behalf of the mortgagee who is a licensee or a registered person; and
(II) in relation to a credit contract or consumer lease; or
(D) paragraph (b) of item 5 of the table in subsection 6 (1) of that Act:
(I) on behalf of the other person who is a licensee or a registered person; and
(II) in relation to a credit contract or consumer lease; or
(ii) providing credit services (within the meaning given by section 7 of the National Credit Act) in relation to a credit contract or consumer lease; and
(c) the credit provider or lessor in relation to the credit contract or consumer lease is:
(i) a linked credit provider or linked lessor of the supplier; and
(ii) a licensee or a registered person; and
(d) a consumer enters into the credit contract or consumer lease wholly or predominantly for the purpose of payment for goods or services supplied by the supplier.
(4) For paragraph 42 (c) of Schedule 2 to the Act, the definition of linked credit provider of a supplier in section 127 of Schedule 1 to the National Credit Act is modified for the purposes of this exemption so that it provides that a linked credit provider or linked lessor of a supplier means a credit provider or lessor:
(a) with whom the supplier has a contract, arrangement or understanding relating to:
(i) the supply to the supplier of goods in which the supplier deals; or
(ii) the business carried on by the supplier of:
(A) supplying goods or services; or
(B) causing goods to be supplied to the consumer by way of a consumer lease; or
(iii) the provision to persons to whom goods or services are supplied by the supplier of credit in respect of payment for those goods or services; or
(b) to whom the supplier, by arrangement with the credit provider or lessor, regularly refers persons for the purpose of obtaining credit or being provided with a consumer lease; or
(c) whose:
(i) forms of contract; or
(ii) forms of application; or
(iii) offers for credit; or
(iv) offers to be provided with a consumer lease;
are, by arrangement with the credit provider or lessor, made available to persons by the supplier; or
(d) with whom the supplier has a contract, arrangement or understanding under which:
(i) contracts; or
(ii) applications; or
(iii) offers for credit; or
(iv) offers to be provided with a consumer lease;
from the credit provider or lessor may be signed by persons at the premises of the supplier.
(5) For paragraph 42 (c) of Schedule 2 to the Act, the definition of services in subsection 204 (1) of Schedule 1 to the National Credit Act is modified for the purposes of this exemption to provide that services :
(a) includes:
(i) insurance; or
(ii) professional services; or
(iii) a right to services; and
(b) does not include:
(i) rights in relation to, and interest in, real property; or
(ii) services relating to credit or consumer leases that are regulated under the National Credit Act, or would be regulated under that Act if entered into, (other than credit services within the meaning given by section 7 of that Act).
(6) The exemption does not apply to a person if the supplying of goods or services to the consumer is the result of unsolicited contact with the consumer.
(7) For subregulation (6), unsolicited contact includes circumstances in which:
(a) a consumer is contacted in relation to the supply of goods or services after providing his or her name or contact details to a person, and:
(i) the consumer did not provide his or her name or contact details for the predominant purpose of being contacted in relation to the supply of those goods or services; or
(ii) the consumer is not contacted within a reasonable period after making an inquiry in relation to the provision of those goods or services; or
(b) a consumer is contacted, in relation to the supply of goods or services, on or from business premises that are not physically separate from premises regularly used by consumers for purposes other than being contacted in relation to the provision of those goods or services.