Acts Amendment and Repeal (Credit) Act 1984 (WA)

WESTERN AUSTRALIA.

ACTS AMENDMENT

AND REPEAL

(CREDIT).

No. 102 of 1984.

AN ACT to amend the Bills of Sale Act 1899, the Control of Vehicles (Off-road areas) Act 1978, the Door to Door (Sales) Act 1964, the Hire- Purchase Act 1959, the Road Traffic Act 1974, the Supreme Court Act 1935 and the Transport Act 1966 and to repeal the Money Lenders Act 1912 and for incidental and other purposes.

[Assented to 19 December 1984.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent

of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

PART I.-PRELIMINARY.

1. This Act may be cited as the Acts Amendment Short title.

and Repeal (Credit) Act 1984.

No. 102.] Acts Amendment and Repeal [1984.

(Credit).

Commence-

ment. 2. The provisions of this Act shall come into operation on such day or days as is or are, respec- tively, fixed by proclamation.

PART IL-BILLS OF SALE ACT 1899.

Section 17S

amended.	3. Section 17S of the Bills of Sale Act 1899 is
Reprinted

as approved	amended
April 1971
and amended
by Acts

Nos. 32 of 1971,94 of 1972	(a) by inserting at the commencement the
(as amended

by 19 of 1973),	subsection designation "(1)"; and
74 of 1981, 10 of 1982, 49 of 1983 and
11 of 1984.

(b) by adding the subsection following

(2) Subsection (1) and the Eleventh and Twelfth Schedules shall be read and construed subject to the provisions of the Credit Act 1984 in relation to any bill of sale that is a regulated mortgage within the meaning of that Act. ".

PART III.-CONTROL OF VEHICLES (OFF-ROAD

AREAS) ACT 1978.

Section 3

amended.	4. Section 3 of the Control of Vehicles (Off-road
of 1978

Act No. 117	areas) Act 1978 is amended in subsection (1) by " (ba) a person who is the purchaser or hirer of the vehicle under a contract that for the purposes of the Credit Act 1984 is a credit sale contract or who is the debtor under an agreement that pursuant to that Act is deemed to be a credit sale contract; ".
amended by
Act No. 106	inserting after paragraph (b) in the definition of
of 1981.	"owner" the following paragraph-

1984.] Acts Amendment and Repeal [No. 102.

(Credit).

PART IV.-DOOR TO DOOR (SALES) ACT 1964.

5. Section 2 of the Door to Door (Sales) Act 1964 gr.:god-el

Reprinted as

is amended in subsection (1)—

approved

13 March 1981

(a)

in the definition of "credit purchase agree- and amended following

CC and includes any agreement that is a

credit sale contract under the Credit Act 1984 or is deemed to be a credit sale contract pursuant to that Act "; and

(b) in the definition of "hiring agreement" by deleting "or rental agreement within the meaning of Part IVC of the Stamp Act 1921" and substituting the following-

" or any agreement for the hiring of goods which pursuant to the Credit Act 1984 is deemed to be a credit sale contract ".

PART V.-HIRE-PURCHASE ACT 1959.

6. In this Part the Hire-Purchase Act 1959 is PrIncipa/ Act. Reprinted as

referred to as the principal Act.	27 October
approved
1981.

7. Section 1 of the principal Act is amended by 2:11,V-

repealing subsection (3).

8. Section 2 of the principal Act is amended— le,Modnect (a) in subsection (1)—

(i) in the definition of "hire purchase agreement"

(A) by deleting "or" after para-

graph (e); and

(B) by deleting the semi-colon after paragraph (f) and sub- stituting the following-

00 ;

No. 102.] Acts Amendment and Repeal [1984.

(Credit).

(g) any agreement that is a credit sale con- tract under the Credit Act 1984 or any agree- ment that is deemed to be a credit sale contract by that Act; ";

(ii)  by deleting the definition of "licence";

(iii)    by deleting the definition of "Regis- trar"; and

(iv)  by deleting the definition of "Tri- bunal"; and

(b) in subsection (3), by inserting after "bailee," the following-

" then, except where the agreements are credit sale contracts under the Credit Act 1984 or are deemed to be credit sale contracts pursuant to that Act, ".

Section 3	9.	Section 3 of the principal Act is amended in
amended.

subsection (2) by inserting after "the Stamp Act

1921" in paragraph (e) (viia) the following-

" or the Financial Institutions Duty Act

1983 ".

Part VA	10.	Part VA of the principal Act is repealed.
repealed.
Section 36A

amended. 11. Section 36A of the principal Act is amended by deleting "or unemployment" and substituting the following-

" , unemployment or other reasonable cause ".

1984.] Acts Amendment and Repeal [No. 102.

(Credit).

Section 36B

12. Section 36B of the principal Act is repealed.	repealed.
Section 36C
13. Section 36C of the principal Act is amended	amended.

by deleting "nineteen to twenty-five, both inclusive,"

and substituting the following-

" 19, 20, 21, 22, 23, 23A, 24 and 25 ".

Section 40A

14. Section 40A of the principal Act is amended amended.

(a) in subsection (2)-

(i)  by repealing paragraphs (a) to (g); and

(ii)   by deleting "and" after paragraph (g); and

(b) by repealing subsection (3).

PART VI.-MONEY LENDERS ACT 1912.

Repeal of

15. The Money Lenders Act 1912 is repealed.

Money

Lenders Act

1912.

PART VII.-ROAD TRAFFIC ACT 1974.

16. Section 5 of the Road Traffic Act 1974 is =Ind.

amended in subsection (1) by inserting after para- LI;,:gigged graph (b) in the definition of "owner" the following 19 July 1983' paragraph-

CC (ba) a person who is the purchaser or hirer of

the vehicle under a contract that for the purposes of the Credit Act 1984 is a credit sale contract or who is the debtor under an agreement that pursuant to that Act is deemed to be a credit sale contract; ".

No. 102.] Acts Amendment and Repeal [1984.

(Credit).

PART VIII.-SUPREME COURT ACT 1935.

Section 31

amended.	17. Section 31 of the Supreme Court Act 1935 is
Reprinted as

approved	amended in subsection (1) by deleting "Money
12 May 1980
and amended	Lenders Act, 1912" and substituting the following-
by Acts
Nos. 52 of
1991 and 3.

7, 10, and 47

" Credit Act 1984 ".

of 1982, 47 of

1983 and 9

of 1984.

PART IX.-TRANSPORT ACT 1966.

Section 4

amended.	18. Section 4 of the principal Act is amended in
Reprinted as

approved	subsection (1) in the definition of "owner"—
19 July 1983.

(a) by deleting "or" after paragraph (a); and

(b) by inserting the following paragraph

C' (aa) is the purchaser or hirer of the

vehicle under a contract that for the purposes of the Credit Act 1984 is a credit sale contract or who is the debtor under an agree- ment that pursuant to that Act is deemed to be a credit sale contract; ".

PART X.-SAVINGS AND TRANSITIONAL.

Money

Lenders	19. Notwithstanding the repeal of the Money
Act 1912 to

continue	Lenders Act 1912 by this Act, that Act continues to
In relation
to existing	have the same operation and effect in relation to
contracts.	transactions or contracts for or with respect to loans within the meaning of that Act entered into before the commencement of this section to which that Act applied immediately before that com- mencement as it would have had if that Act had not been repealed.

1984.] Acts Amendment and Repeal [No. 102.

(Credit).

20. (1) Notwithstanding the amendment of the Hire- Purchase

Hire-Purchase Act 1959 by Part V, that Act as in Act 1959 to	continue in
reltion

force before the coming into operation of Part V exiastingto

continues to have the same operation and effect in contracts.

relation to a hire-purchase agreement that

(a) was a hire-purchase agreement within the meaning of that Act before the commence- ment of Part V; and

(b) was made before that commencement,

as it would have had if that Act had not been

amended by Part V.

(2) For the purposes of subsection (1), a reference to the Tribunal in the Hire-Purchase Act 1959 is a reference to the Commercial Tribunal constituted under the Commercial Tribunal Act 1984 as if it were exercising jurisdiction conferred on it by the Credit Act 1984.

21. (1) The Governor may make regulations—. Transitional.

(a)	requiring a reference, in a specified Act or provision of an Act, to the repealed Act or provision of the repealed Act to be read and construed as, or as including, a reference to a specified cognate Act or pro- vision of a cognate Act;
(b)	containing such provisions (if any) as in the opinion of the Governor are necessary or convenient for the purpose of dealing with matters that are incidental to or con- sequential on the making of the provisions referred to in paragraph (a);
(c)	containing such provisions (if any) of a savings or transitional nature as in the opinion of the Governor are necessary or convenient for the purpose of dealing with matters that are incidental to or con- sequential on the enactment of a cognate Act or the repeal of the repealed Act.

No. 102.] Acts Amendment and Repeal [1984.

(Credit).

(2) A provision of a regulation made under sub- section (1) may take effect on and from a day that is earlier than the day on which it is published in the Government Gazette, or from a later day.

(3) To the extent to which a provision of a regula- tion made under subsection (1) takes effect on and from a day that is earlier than the day on which it is published in the Government Gazette, the provi- sion does not operate

(a)	to affect, in a manner prejudicial to any person (other than the State or a public authority), the rights of that person exist- ing before that day of publication; or
(b)	to impose a liability on any person (other than the State or a public authority) in respect of anything done or omitted to be done before that day of publication.

(4) In this section

"cognate Act" means the Credit Act 1984, the Credit (Administration) Act 1984 or the Commercial Tribunal Act 1984;

"repealed Act" means the Money Lenders Act