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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Consumer Credit (Western Australia)
Amendment Bill 2002
CONTENTS
1. Short title 1
2. Commencement 2
3. The Act amended 2
4. Long title replaced 2
5. Section 3 amended 2
6. Part 2 replaced 3
7. Sections 7 and 8 amended 6
8. Heading to Part 4 replaced 7
9. Section 9 repealed 7
10. Section 10 replaced and repeal of regulations 7
11. Section 11 amended 7
12. Section 12 amended 8
13. Part 5 replaced 9
14. The Appendix repealed 10
15. Savings and transitional provisions 10
16. Consequential amendment to the Credit
(Administration) Act 1984 11
167--3 page i
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Consumer Credit (Western Australia)
Amendment Bill 2002
A Bill for
An Act to amend the Consumer Credit (Western Australia) Act 1996,
to amend the Credit (Administration) Act 1984 consequentially, to
repeal the Consumer Credit (Western Australia) Regulations 1996,
and for related purposes.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Consumer Credit (Western
Australia) Amendment Act 2002.
page 1
Consumer Credit (Western Australia) Amendment Bill 2002
s. 2
2. Commencement
This Act comes into operation on a day fixed by proclamation.
3. The Act amended
The amendments in this Act, except section 16, are to the
5 Consumer Credit (Western Australia) Act 1996*.
[* Reprinted as at 6 September 2002.]
4. Long title replaced
The long title is deleted and the following long title is inserted
instead --
10 "
An Act to make provision for a uniform legislative scheme to
regulate the provision of consumer credit, to make special
provision in certain cases, and for related purposes.
".
15 5. Section 3 amended
Section 3(1) is repealed and the following subsection is inserted
instead --
"
(1) In this Act --
20 "Consumer Credit (Queensland) Act 1994" means the
Consumer Credit (Queensland) Act 1994 of
Queensland;
"Consumer Credit (Western Australia) Code" means
the provisions applying because of section 5(1) of
25 this Act, as amended under section 5(2) of this Act
(if there are such amendments);
"Consumer Credit (Western Australia) Code
Regulations" means the provisions applying
because of section 6(1) of this Act, as amended
page 2
Consumer Credit (Western Australia) Amendment Bill 2002
s. 6
under section 6(2) of this Act (if there are such
amendments).
(1a) If this Act uses an expression that is given a meaning in
the Consumer Credit (Western Australia) Code, the
5 expression has the meaning so given unless the
contrary intention appears.
".
6. Part 2 replaced
Part 2 is repealed and the following Part is inserted instead --
10 "
Part 2 -- Consumer Credit (Western Australia)
Code and Consumer Credit (Western Australia)
Code Regulations
5. Application in Western Australia of the Consumer
15 Credit Code
(1) The Consumer Credit Code set out in the Appendix to
the Consumer Credit (Queensland) Act 1994 as in
force on the commencement of section 6 of the
Consumer Credit (Western Australia) Amendment Act
20 2003 applies, as if amended as set out in Part 5 of this
Act, as a law of Western Australia.
(2) If the Consumer Credit Code set out in the Appendix to
the Consumer Credit (Queensland) Act 1994 is
amended, the Governor may amend the Consumer
25 (Credit (Western Australia) Code by order published in
the Gazette.
(3) An order cannot be made under subsection (2) unless a
draft of the order has first been approved by each
House of Parliament.
30 (4) The provisions applying because of subsection (1), as
amended under subsection (2) (if there are such
page 3
Consumer Credit (Western Australia) Amendment Bill 2002
s. 6
amendments), may be cited as the Consumer Credit
(Western Australia) Code.
6. Application of uniform regulations under the
Consumer Credit Code
5 (1) The regulations in force under Part 4 of the Consumer
Credit (Queensland) Act 1994 on the commencement
of section 6 of the Consumer Credit (Western
Australia) Amendment Act 2003 apply, as if amended
as set out in regulations made for the purposes of this
10 section, as regulations in force for the purposes of the
Consumer Credit (Western Australia) Code.
(2) If the regulations in force under Part 4 of the Consumer
Credit (Queensland) Act 1994 are amended, the
Governor may amend the Consumer Credit (Western
15 Australia) Code Regulations by order published in the
Gazette.
(3) An order may not be made under subsection (2) unless
a draft of the order has first been approved by each
House of Parliament.
20 (4) The provisions applying because of subsection (1), as
amended under subsection (2) (if there are such
amendments), may be cited as the Consumer Credit
(Western Australia) Code Regulations.
(5) Schedule 2 to the Consumer Credit (Western Australia)
25 Code applies in relation to the Consumer Credit
(Western Australia) Code Regulations.
page 4
Consumer Credit (Western Australia) Amendment Bill 2002
s. 6
6A. Interpretation of certain expressions in the
Consumer Credit (Western Australia) Code and the
Consumer Credit (Western Australia) Code
Regulations
5 (1) Unless the contrary intention appears, in the Consumer
Credit (Western Australia) Code and the Consumer
Credit (Western Australia) Code Regulations --
(a) a reference to "the Legislature of this
jurisdiction" is to be read as a reference to the
10 Parliament of Western Australia;
(b) a reference to "the Code" or "this Code" is to
be read as a reference to the Consumer Credit
(Western Australia) Code; and
(c) a reference to "the jurisdiction" or "this
15 jurisdiction" is to be read as a reference to
Western Australia.
(2) The Acts Interpretation Act 1954, and other Acts, of
Queensland do not apply to, or in relation to, the
Consumer Credit (Western Australia) Code or the
20 Consumer Credit (Western Australia) Code
Regulations.
6B. Minister to give Queensland Bills and regulations to
the Clerk of each House of Parliament
(1) Within 7 days of the Minister becoming aware of --
25 (a) the introduction into the Legislative Assembly
of Queensland of a Bill to amend the Consumer
Credit Code set out in the Appendix to the
Consumer Credit (Queensland) Act 1994; or
(b) the notification in the Queensland Government
30 Gazette of regulations to amend the regulations
in force under Part 4 of the Consumer Credit
(Queensland) Act 1994,
page 5
Consumer Credit (Western Australia) Amendment Bill 2002
s. 7
the Minister is to give a copy of the Bill or regulations
to the Clerk of each House of Parliament.
(2) The Minister is to use his or her best endeavours to
comply with subsection (1) but a failure to do so does
5 not affect the validity of any other action under this
Part.
(3) The Clerk of each House of Parliament is to give a
copy of the Bill or regulations to the committee or
committees of the Parliament whose terms of reference
10 cover uniform legislation (that is, legislation that gives
effect to an intergovernmental agreement or that is part
of a uniform system of laws throughout the
Commonwealth).
(4) A copy of the Bill or regulations given to the Clerk of a
15 House is to be regarded as having been laid before that
House.
(5) The laying of a copy of the Bill or regulations that is to
be regarded as having occurred under subsection (4) is
to be recorded in the Minutes, or Votes and
20 Proceedings, of the House on the first sitting day of the
House after the Clerk received the copy.
".
7. Sections 7 and 8 amended
Sections 7(1) and 8(1) are amended by deleting "Consumer
25 Credit (Western Australia) Regulations" and inserting
instead --
" Consumer Credit (Western Australia) Code Regulations ".
page 6
Consumer Credit (Western Australia) Amendment Bill 2002
s. 8
8. Heading to Part 4 replaced
The heading to Part 4 is deleted and the following heading is
inserted instead --
"
5 Part 4 -- Miscellaneous
".
9. Section 9 repealed
Section 9 is repealed.
10. Section 10 replaced and repeal of regulations
10 (1) Section 10 is repealed and the following section is inserted
instead --
"
10. General regulation making power
The Governor may make regulations prescribing all
15 matters that are required or permitted by this Act to be
prescribed, or are necessary or convenient to be
prescribed for giving effect to the purposes of this Act.
".
(2) The Consumer Credit (Western Australia) Regulations 1996 in
20 force under section 10 of the Consumer Credit (Western
Australia) Act 1996 (as in force before the commencement of
this Act) are repealed.
11. Section 11 amended
(1) Section 11(1) is deleted and the following subsection is inserted
25 instead --
"
(1) The regulations may make provision of a savings or
transitional nature consequent on --
(a) the enactment or amendment of this Act;
page 7
Consumer Credit (Western Australia) Amendment Bill 2002
s. 12
(b) the enactment of an Act of Queensland
amending the Consumer Credit Code set out in
the Appendix to the Consumer Credit
(Queensland) Act 1994.
5 ".
Note: The heading to section 11 will be deleted and the following inserted "Specific
savings and transitional regulations for Western Australia".
(2) Section 11(2) is amended by deleting "Code" and inserting
instead --
10 " Consumer Credit (Western Australia) Code ".
(3) Section 11(4) is deleted and the following subsection is inserted
instead --
"
(4) A regulation made under this section may, if the
15 regulation so provides, take effect from the day of
commencement of the Act concerned or from a later
day.
".
12. Section 12 amended
20 Section 12(1), (2), (3) and (4) are amended by deleting "Code"
in each place where it occurs and inserting instead --
" Consumer Credit (Western Australia) Code ".
page 8
Consumer Credit (Western Australia) Amendment Bill 2002
s. 13
13. Part 5 replaced
Part 5 is repealed and the following Part is inserted instead --
"
Part 5 -- Amendment of the Consumer
5 Credit Code
13. Amendment of the Consumer Credit Code
For the purposes of section 5(a), the Consumer Credit
Code set out in the Appendix to the Consumer Credit
(Queensland) Act 1994 applies as if the provisions
10 listed in the Table to this section were amended as set
out in the Table.
Table
Provision of the Amendment
Code
Section 53(1) Delete paragraph (a) and "or" after it, insert
instead --
"
(a) withdraw from the
guarantee unless the debtor
has --
(i) ceased to be entitled
to terminate the credit
contract under
section 19; or
(ii) entered into another
contract in reliance on
the availability of
credit under the credit
contract;
or
".
page 9
Consumer Credit (Western Australia) Amendment Bill 2002
s. 14
Provision of the Amendment
Code
Section 66 After section 66(1) insert --
"
(1a) The Government
Consumer Agency
may, if requested in
writing by a debtor,
assist a debtor in
applying for a change
in the terms of a credit
contract under
subsection (1) and in
any negotiations with
the credit provider
relating to the change.
".
Section 101(2) Delete "anywhere in Australia" and "or a
corresponding law of another jurisdiction".
Section 108(2) Delete "for the purposes of this Code in
relation to the contraventions occurring in
this jurisdiction".
".
14. The Appendix repealed
The Appendix is repealed.
15. Savings and transitional provisions
5 (1) The repeal of the Appendix to the Consumer Credit (Western
Australia) Act 1996 by section 14 of this Act and the application
of the Consumer Credit Code set out in the Appendix to the
Consumer Credit (Queensland) Act 1994 by section 5 of the
Consumer Credit (Western Australia) Act 1996 (as in force after
10 the commencement of this Act) is taken to be the repeal and
re-enactment of an enactment for the purposes of section 36 of
the Interpretation Act 1984.
page 10
Consumer Credit (Western Australia) Amendment Bill 2002
s. 16
(2) The repeal of the Consumer Credit (Western Australia)
Regulations 1996 by section 10(2) of this Act and the
application of the regulations in force under Part 4 of the
Consumer Credit (Queensland) Act 1994 by section 6 of the
5 Consumer Credit (Western Australia) Act 1996 (as in force after
the commencement of this Act) is taken to be the repeal and
re-enactment of an enactment for the purposes of section 36 of
the Interpretation Act 1984.
(3) The enactment of section 6A of the Consumer Credit (Western
10 Australia) Act 1996 is not, by implication, to have any effect on
the interpretation of the former Consumer Credit (Western
Australia) Code or the former Consumer Credit (Western
Australia) Regulations.
(4) In this section --
15 "Consumer Credit (Queensland) Act 1994" means the
Consumer Credit (Queensland) Act 1994 of Queensland;
"former Consumer Credit (Western Australia) Code" means
the Consumer Credit (Western Australia) Code within the
meaning of the Consumer Credit (Western Australia)
20 Act 1996 as in force before the commencement of this Act;
"former Consumer Credit (Western Australia) Regulations"
means the Consumer Credit (Western Australia)
Regulations within the meaning of the Consumer Credit
(Western Australia) Act 1996 as in force before the
25 commencement of this Act.
16. Consequential amendment to the Credit (Administration)
Act 1984
(1) The amendment in this section is to the Credit (Administration)
Act 1984*.
30 [* Reprinted as at 5 May 2000.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 84.]
page 11
Consumer Credit (Western Australia) Amendment Bill 2002
s. 16
(2) Section 4 is amended in the definition of "Code" by deleting
"set out in the Appendix to the Consumer Credit (Western
Australia) Act 1996 ".
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