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NATIONAL CONSUMER CREDIT PROTECTION LEGISLATION AMENDMENT REGULATIONS 2010 (NO. 3) (SLI NO 303 OF 2010) - SCHEDULE 2

Amendments of National Consumer Credit Protection (Transitional and Consequential Provisions) Regulations 2010

(regulation 4)

 

[1]           Subregulation 10A (2)

omit

notify ASIC, in an approved form, that

insert

lodge with ASIC a notice, in an approved form, stating that

[2]           Paragraph 10A (3) (b)

omit

notify ASIC

insert

lodge with ASIC a notice, in an approved form and stating that the service agreement was entered into,

[3]           Paragraph 10A (4) (a)

omit

notify ASIC, in an approved form, that

insert

lodge with ASIC a notice, in an approved form, stating that

[4]           Paragraph 10A (4) (b)

omit

notify ASIC

insert

lodge the notice

[5]           Paragraph 10A (5) (a)

omit

notify ASIC, in an approved form, of

insert

lodge with ASIC a notice, in an approved form, setting out

[6]           Paragraph 10A (5) (b)

omit

notify ASIC

insert

lodge the notice

[7]           Subregulation 11 (3)

substitute

         (3)   A person is exempted if:

                (a)    the person engages in a credit activity while:

                          (i)    performing functions, or exercising powers, as a trustee within the meaning of the Bankruptcy Act 1966 ; or

                         (ii)    performing functions, or exercising powers, incidental to the person's appointment as a trustee; or

               (b)    the person engages in a credit activity while:

                          (i)    performing functions, or exercising powers, as a receiver, receiver and manager, provisional liquidator, or liquidator (whether appointed by a court or otherwise); or

                         (ii)    performing functions, or exercising powers, incidental to the person's appointment as a receiver, receiver and manager, provisional liquidator or liquidator; or

                (c)    the person engages in a credit activity while performing functions, or exercising powers, as a person appointed by a court to engage in a credit activity; or

               (d)    the person engages in a credit activity while performing functions, or exercising powers, as the Public Trustee acting under a law of a State or Territory; or

                (e)    the person engages in a credit activity while:

                          (i)    performing functions, or exercising powers, as an administrator within the meaning of the Corporations Act 2001 ; or

                         (ii)    performing functions, or exercising powers, incidental to the person's appointment as an administrator; or

                (f)    the person engages in a credit activity while:

                          (i)    performing functions, or exercising powers, as a controlling trustee within the meaning of section 187 of the Bankruptcy Act 1966 ; or

                         (ii)    performing functions, or exercising powers, incidental to the person's appointment as a controlling trustee; or

                (g)    the person engages in a credit activity while:

                          (i)    performing functions, or exercising powers, as a trustee or person administering a compromise or arrangement between a body corporate and another person or person; or

                         (ii)    performing functions, or exercising powers, incidental to the person's appointment as a trustee or person of that kind; or

                (h)    the person engages in a credit activity while performing functions, or exercising powers, as a personal representative of a deceased person other than a deceased licensee; or

                 (i)    subject to subregulation (4), the person engages in a credit activity while performing functions, or exercising powers, as a personal representative of a deceased licensee; or

                (j)    the person engages in a credit activity while performing functions, or exercising powers, as a registered debt agreement administrator preparing and administering a debt agreement under Part IX of the Bankruptcy Act 1966 .



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