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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Credit (Commonwealth Powers) Bill 2010
CONTENTS
1. Short title 2
2. Commencement 2
3. Terms used 2
4. Adoption of National Credit legislation 3
5. Termination of the adoption 4
6. Reference of matters 4
7. Matters excluded from reference 5
8. Termination of references 6
9. Amendment of Commonwealth law 6
10. Effect of termination of amendment reference
before termination of adoption of Commonwealth
Acts 7
Defined Terms
120--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Credit (Commonwealth Powers) Bill 2010
A Bill for
An Act to adopt the National Consumer Credit Protection Act 2009
(Commonwealth) as amended and the National Consumer Credit
Protection (Transitional and Consequential Provisions) Act 2009
(Commonwealth), and to refer certain matters relating to the
provision of credit and certain other financial transactions to the
Parliament of the Commonwealth, for the purposes of
section 51(xxxvii) of the Constitution of the Commonwealth.
The Parliament of Western Australia enacts as follows:
page 1
Credit (Commonwealth Powers) Bill 2010
s. 1
1 1. Short title
2 This is the Credit (Commonwealth Powers) Act 2010.
3 2. Commencement
4 This Act comes into operation as follows --
5 (a) sections 1 and 2 -- on the day on which this Act
6 receives the Royal Assent;
7 (b) the rest of the Act -- on a day fixed by proclamation.
8 3. Terms used
9 In this Act, unless the contrary intention appears --
10 adoption means the adoption under section 4(1);
11 amendment reference means the reference under section 6(1);
12 Commonwealth Credit instrument means any instrument
13 (whether or not of a legislative character) that is made or issued
14 under the National Credit legislation;
15 express amendment of the National Credit legislation means the
16 direct amendment of the text of the National Credit legislation
17 (whether by the insertion, omission, repeal, substitution or
18 relocation of words or matter) by another Commonwealth Act
19 or by an instrument under a Commonwealth Act, but does not
20 include the enactment by a Commonwealth Act of a provision
21 that has or will have substantive effect otherwise than as part of
22 the text of the National Credit legislation;
23 National Credit legislation means --
24 (a) the National Consumer Credit Protection Act 2009
25 (Commonwealth); and
26 (b) the National Consumer Credit Protection (Transitional
27 and Consequential Provisions) Act 2009
28 (Commonwealth),
29 as in force from time to time;
page 2
Credit (Commonwealth Powers) Bill 2010
s. 4
1 referred credit matter means a matter relating to either of the
2 following --
3 (a) credit, being credit the provision of which would be
4 covered by the expression "provision of credit to which
5 this Code applies" in the relevant version of the National
6 Credit Code;
7 (b) consumer leases, being consumer leases each of which
8 would be covered by the expression "consumer lease to
9 which Part 11 applies" in the relevant version of the
10 National Credit Code;
11 relevant version of the National Credit Code means the text of
12 Schedule 1 to the National Consumer Credit Protection
13 Act 2009 (Commonwealth) as originally enacted, and as later
14 amended by the National Consumer Credit Protection
15 Amendment Act 2010 (Commonwealth);
16 relevant version of the National Credit legislation means --
17 (a) the National Consumer Credit Protection Act 2009
18 (Commonwealth) as originally enacted, and as later
19 amended by the National Consumer Credit Protection
20 Amendment Act 2010 (Commonwealth); and
21 (b) the National Consumer Credit Protection (Transitional
22 and Consequential Provisions) Act 2009
23 (Commonwealth).
24 4. Adoption of National Credit legislation
25 (1) The relevant version of the National Credit legislation is
26 adopted within the meaning of section 51(xxxvii) of the
27 Constitution of the Commonwealth.
28 (2) The adoption has effect for a period --
29 (a) beginning when this section commences; and
30 (b) ending at the end of the day fixed under section 5 as the
31 day on which the adoption is to terminate,
32 but no longer.
page 3
Credit (Commonwealth Powers) Bill 2010
s. 5
1 5. Termination of the adoption
2 (1) The Governor may, at any time, by proclamation published in
3 the Gazette, fix a day as the day on which the adoption is to
4 terminate.
5 (2) The Governor may, by proclamation published in the Gazette,
6 revoke a proclamation published under subsection (1), in which
7 case the revoked proclamation is taken (for the purposes of
8 section 4) never to have been published.
9 (3) A revoking proclamation has effect only if published before the
10 day fixed under subsection (1).
11 (4) The revocation of a proclamation published under
12 subsection (1) does not prevent publication of a further
13 proclamation under that subsection.
14 6. Reference of matters
15 (1) Subject to section 7, any referred credit matter is referred to the
16 Parliament of the Commonwealth, but only to the extent of the
17 making of laws with respect to such a matter by making express
18 amendments of the National Credit legislation.
19 (2) The reference of a matter under subsection (1) has effect
20 only --
21 (a) if and to the extent that the matter is not included in the
22 legislative powers of the Parliament of the
23 Commonwealth (otherwise than by a reference for the
24 purposes of section 51(xxxvii) of the Constitution of the
25 Commonwealth); and
26 (b) if and to the extent that the matter is included in the
27 legislative powers of the Parliament of the State.
28 (3) Despite any other provision, the reference has effect for a
29 period --
30 (a) beginning when this section commences; and
page 4
Credit (Commonwealth Powers) Bill 2010
s. 7
1 (b) ending at the end of the day fixed under section 8 as the
2 day on which the reference is to terminate,
3 but no longer.
4 7. Matters excluded from reference
5 (1) A matter referred by section 6(1) does not include --
6 (a) the matter of making provision with respect to the
7 imposition or payment of State taxes, duties, charges or
8 other imposts, however described; or
9 (b) the matter of making provision with respect to the
10 general system for the recording of estates or interests in
11 land and related information; or
12 (c) the matter of providing for the priority of interests in
13 real property; or
14 (d) the matter of making a law that excludes or limits the
15 operation of a State law, to the extent that the State law
16 makes provision with respect to the creation, holding,
17 transfer, assignment, disposal or forfeiture of a State
18 statutory right.
19 (2) In this section --
20 forfeiture means confiscation, seizure, extinguishment,
21 cancellation, suspension or any other forfeiture;
22 State law means --
23 (a) any Act of the State or any instrument made under such
24 an Act, whenever enacted or made and as in force from
25 time to time;
26 (b) the general law, being the principles and rules of
27 common law and equity to the extent that they have
28 effect in the State from time to time;
29 State statutory right means a right, entitlement or authority that
30 is granted by or under any Act of the State or any instrument
31 made under such an Act, whenever enacted or made and as in
page 5
Credit (Commonwealth Powers) Bill 2010
s. 8
1 force from time to time, other than a right, entitlement or
2 authority that relates to --
3 (a) credit covered by paragraph (a) of the definition of
4 referred credit matter in section 3; or
5 (b) a consumer lease covered by paragraph (b) of that
6 definition.
7 8. Termination of references
8 (1) The Governor may, at any time, by proclamation published in
9 the Gazette, fix a day as the day on which the amendment
10 reference terminates.
11 (2) The Governor may, by proclamation published in the Gazette,
12 revoke a proclamation published under subsection (1), in which
13 case the revoked proclamation is taken (for the purposes of
14 section 6) never to have been published.
15 (3) A revoking proclamation has effect only if published before the
16 day fixed under subsection (1).
17 (4) The revocation of a proclamation published under
18 subsection (1) does not prevent publication of a further
19 proclamation under that subsection.
20 9. Amendment of Commonwealth law
21 For the avoidance of doubt, it is the intention of the Parliament
22 of the State that --
23 (a) the National Credit legislation may be expressly
24 amended, or have its operation otherwise affected, at
25 any time after the commencement of this Act by
26 provisions of Commonwealth Acts the operation of
27 which is based on legislative powers that the Parliament
28 of the Commonwealth has on account of a reference of
29 any matters, or the adoption of the relevant version of
30 the National Credit legislation, under section 51(xxxvii)
31 of the Constitution of the Commonwealth; and
page 6
Credit (Commonwealth Powers) Bill 2010
s. 10
1 (b) the National Credit legislation may be expressly
2 amended, or have its operation otherwise affected, at
3 any time after the commencement of this Act by
4 provisions of Commonwealth Acts the operation of
5 which is based on legislative powers that the Parliament
6 of the Commonwealth has apart from a reference of any
7 matters, or the adoption of the relevant version of the
8 National Credit legislation, under section 51(xxxvii) of
9 the Constitution of the Commonwealth; and
10 (c) the National Credit legislation may have its operation
11 affected, otherwise than by express amendment, at any
12 time by provisions of Commonwealth Credit
13 instruments.
14 10. Effect of termination of amendment reference before
15 termination of adoption of Commonwealth Acts
16 (1) If the amendment reference is terminated but the adoption of the
17 relevant version of the National Credit legislation is not
18 terminated, the termination of the amendment reference does
19 not affect --
20 (a) laws that were made under the amendment reference
21 (but not repealed) before that termination (whether or
22 not they have come into operation before that
23 termination); or
24 (b) the continued operation in the State of the National
25 Credit legislation as in operation immediately before
26 that termination or as subsequently amended or affected
27 by --
28 (i) laws referred to in paragraph (a) that come into
29 operation after that termination; or
30 (ii) provisions referred to in section 9(b) or (c).
31 (2) Accordingly, the amendment reference continues to have effect
32 for the purposes of subsection (1) unless the adoption is
33 terminated.
page 7
Credit (Commonwealth Powers) Bill 2010
s. 10
1 (3) Subsection (1) does not apply to or in relation to an amendment
2 of the National Credit legislation that is excluded from the
3 operation of this section by the proclamation that terminates the
4 amendment reference.
5 (4) For the purposes of subsection (1) --
6 (a) the laws referred to in subsection (1)(a) include
7 Commonwealth Credit instruments; and
8 (b) the reference in subsection (1)(b) to the National Credit
9 legislation as in operation immediately before the
10 termination of the amendment reference includes that
11 legislation as affected by Commonwealth Credit
12 instruments that have come into operation before that
13 time.
14
page 8
Credit (Commonwealth Powers) Bill 2010
Defined Terms
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
adoption ................................................................................................................3
amendment reference ............................................................................................3
Commonwealth Credit instrument ........................................................................3
express amendment...............................................................................................3
forfeiture .......................................................................................................... 7(2)
National Credit legislation ....................................................................................3
referred credit matter.............................................................................................3
relevant version of the National Credit Code........................................................3
relevant version of the National Credit legislation................................................3
State law........................................................................................................... 7(2)
State statutory right.......................................................................................... 7(2)
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