Western Australia
Consumer Credit (Western Australia) Amendment Act 2003
CONTENTS
1. Short title 2
2. Commencement 3
3. The Act amended 3
4. Long title replaced 3
5. Section 3 amended 3
6. Part 2 replaced 4
Part 2 — Consumer Credit (Western Australia) Code and Consumer Credit (Western Australia) Code Regulations
5. Application in Western Australia of the Consumer Credit Code 4
6. Application of uniform regulations under the Consumer Credit Code 5
6A. Interpretation of certain expressions in the Consumer Credit (Western Australia) Code and the Consumer Credit (Western Australia) Code Regulations6
6B. Minister to give Queensland Bills and regulations to the Clerk of each House of Parliament6
7. Sections 7 and 8 amended 7
8. Heading to Part 4 replaced 8
Part 4 — Miscellaneous
9. Section 9 repealed 8
10. Section 10 replaced and repeal of regulations 8
10. General regulation making power 8
11. Section 11 amended 8
12. Section 12 amended 9
13. Part 5 replaced 10
Part 5 — Amendment of the Consumer Credit Code
13. Amendment of the Consumer Credit Code 10
14. The Appendix repealed 11
15. Savings and transitional provisions 11
16. Consequential amendment to the Credit (Administration) Act 1984 13
Western Australia
Consumer Credit (Western Australia) Amendment Act 2003
No. 43 of 2003
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.
[Assented to 30 June 2003]
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Consumer Credit (Western Australia) Amendment Act 2003.
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 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 —
“
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.
”.
5. Section 3 amended
Section 3(1) is repealed and the following subsection is inserted instead —
“
(1) In this Act —
“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 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 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 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 —
“
Part 2 — Consumer Credit (Western Australia) Code and Consumer Credit (Western Australia) Code Regulations
5. Application in Western Australia of the Consumer 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 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 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.
(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.
6. Application of uniform regulations under the Consumer Credit Code
(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 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 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.
(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) Code applies in relation to the Consumer Credit (Western Australia) Code Regulations.
6A. Interpretation of certain expressions in the Consumer Credit (Western Australia) Code and the Consumer Credit (Western Australia) Code Regulations
(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 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 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 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 —
(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 Gazette of regulations to amend the regulations in force under Part 4 of the Consumer Credit (Queensland) Act 1994,
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 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 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 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 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 Credit (Western Australia) Regulations” and inserting instead —
“ Consumer Credit (Western Australia) Code Regulations ”.
8. Heading to Part 4 replaced
The heading to Part 4 is deleted and the following heading is inserted instead —
“
Part 4 — Miscellaneous
”.
9. Section 9 repealed
Section 9 is repealed.
10. Section 10 replaced and repeal of regulations
(1) Section 10 is repealed and the following section is inserted instead —
“
10. General regulation making power
The Governor may make regulations prescribing all 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.
”.
11. Section 11 amended
(1) Section 11(1) is deleted and the following subsection is inserted instead —
“
(1) The regulations may make provision of a savings or transitional nature consequent on —
(a) the enactment or amendment of this Act;
(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.
”.
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 —
“ 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 regulation so provides, take effect from the day of commencement of the Act concerned or from a later day.
”.
12. Section 12 amended
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 ”.
13. Part 5 replaced
Part 5 is repealed and the following Part is inserted instead —
“
Part 5 — Amendment of the Consumer 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 listed in the Table to this section were amended as set out in the Table.
Table
|
Provision of the Code |
Amendment |
|
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 ”. |
|
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
(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 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.
(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 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 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 —
“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) 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 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*.
[* Reprinted as at 5 May 2000.
For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 84.]
(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”.
