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CLAUSE NOTES
CREDIT (COMMONWEALTH POWERS) BILL 2009
Clause 1 Short Title
The Act is referred to as the Credit (Commonwealth Powers) Bill 2009
Clause 2 Commencement
The Act commences on a day to be proclaimed.
Clause 3 Section 3 (Interpretation)
Defines a number of terms used in the Bill. Of particular note are:
" initial r efer ence" means the `National Credit legislation'.
" amendment r efer ence" means the reference in s4(1)(b).
" National Cr edit legislation" (NCL ) means the two Commonwealth
Acts enacted in the terms, or substantially in the terms, of the tabled
text set out as:
(a) the National Consumer Credit Protection Bill 2009; and
(b) the National Consumer Credit Protection (Transitional and
Consequential Provisions) Bill 2009
The " tabled text" means the text of these Bills as tabled in the
Commonwealth Parliament (House of Assembly).
Clause 4 Reference of matters
Clause 4(1) refers the following matters to the Commonwealth:
(a) the `initial reference' this is largely the NCL.
(b) a `referred credit matter'. This allows amendments of a minor or
consequential nature to be made to the NCL without recourse back
to the State parliaments.
While some jurisdictions are concerned at the scope of this referral,
the referral is limited by the definition of `express amendment' in
Clause 3 and statement of intent in the Intergovernmental Agreement
underpinning the legislation.
Clause 5 Termination of references
The Governor of Tasmania may terminate by proclamation the above
referrals, including the amendment capacity under s4(1)(b) to amend the NCL.
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CLAUSE NOTES
CREDIT (COMMONWEALTH POWERS) BILL 2009
Clause 6 Effect of Termination of amendment reference before initial reference
If the `amendment reference' terminates before the termination of the initial
reference this termination will not affect any laws made under that
amendment reference. nor the continued operation of the National Credit
Legislation.
Clause 7 Evidence
A certificate of the Clerk of the House of Assembly certifying that a document
is an accurate copy of the tabled text, or of a part or provision, is admissible
as evidence in any proceeding.
Clause 8 Administration of the Act
With respect to administration of the Act, administration is assigned to the
Minister for Corrections and Consumer Affairs and the Department of Justice,
until provision is made under section 4 of the Administrative Arrangements
Act 1990.
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