Consumer Credit (Administration) Act 1996 (ACT)
Consumer Credit (Administration) Act 1996 (repealed)
A1996-41
Republication No 21
Effective: 7 October 2010
Republication date: 7 October 2010
As repealed by A2010-40 s 4 (1)
Unauthorised version prepared by ACT Parliamentary Counsel’s Office
About this republication
The republished law
This is a republication of the Consumer Credit (Administration) Act 1996 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting the republished law to 7 October 2010.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).
Consumer Credit (Administration) Act 1996 (repealed)
Contents
Page
Part 1Preliminary
Name of Act 2
Dictionary 2
Notes 2
Part 2Credit providers
Division 2.1 Exemptions
Exemption—banks 3
Exemption—collection of debts due to former credit providers 3
Exemption—Ministerial determination 3
Division 2.2 Provision of consumer credit
Registration as a consumer credit provider 4
Authorised names 4
Partnerships 5
Division 2.3 Registration of consumer credit providers
Authority given by registration 5
Application for registration 5
Registration 6
Endorsement of names 7
Changed particulars 7
Term of registration 7
Annual fee and statement 8
Cancellation of registration for failure to pay fee or provide statement 9
Surrender of registration 9
Division 2.3A Complaints—credit providers
18A Meaning of credit provider—div 2.3A 10
18B Who may complain? 10
18C Form of complaint 10
18D Withdrawal of complaints 11
18E Further information about complaint etc 11
18F Investigation of complaint 12
18G No further action on complaint 12
18H Action after investigating complaint 12
Division 2.4 Occupational discipline—credit providers
Meaning of credit provider—div 2.4 13
Grounds for occupational discipline 13
Application to ACAT for occupational discipline—credit provider 14
Orders for occupational discipline 14
Credit provider not liable for penalties 15
Extension of time for complying with directions 15
24AA Powers of inquiry 15
24AB Cancellation or suspension for insolvency etc 16
Division 2.4A Offences—credit providers
24AC Offence—comply with orders 17
24AD Offence—return registration to place conditions etc 17
24AE Offence—return suspended or cancelled registration 18
24AF Offence—disqualified credit providers to have no concern in credit businesses 18
Division 2.5 General
24A Civil penalties—credit providers 18
Death of registered credit provider 19
Register of credit providers 21
Access to register 21
Part 3Finance broking
Division 3.1 Exemptions
Exemption—particular entities 22
Exemption—finance broking in the course of another business 23
Exemption—Ministerial determination 23
Division 3.2 Finance broking
Registration as a finance broker 24
Advertising 24
Records 24
Commissions 25
Valuation fees 26
False statements about credit provision 27
Authorised names 27
Partnerships 28
Proof of finance broking offences 28
Division 3.3 Registration of finance brokers
Authority given by registration 29
Application for registration 29
Registration 30
Endorsement of names 30
Changed particulars 31
Term of registration 31
Annual fee and statement 31
Cancellation of registration for failure to pay fee or provide statement 32
Surrender of registration 33
Division 3.3A Complaints—finance brokers
49A Meaning of finance broker—div 3.3A 33
49B Who may complain? 34
49C Form of complaint 34
49D Withdrawal of complaints 34
49E Further information about complaint etc 35
49F Investigation of complaint 35
49G No further action on complaint 35
49H Action after investigating complaint 36
Division 3.4 Occupational discipline—finance brokers
Meaning of finance broker—div 3.4 37
Grounds for occupational discipline 37
Application to ACAT for occupational discipline—finance brokers 38
Orders for occupational discipline 38
Finance broker not liable for penalties 39
Extension of time for complying with directions 39
55AA Powers of inquiry 39
55AB Cancellation or suspension for insolvency etc 40
Division 3.4A Offences—finance brokers
55AC Offence—comply with orders 41
55AD Offence—return registration for conditions 41
55AE Offence—return suspended or cancelled registration 42
55AF Offence—disqualified finance brokers 42
Division 3.5 General
55A Civil penalties—finance brokers 42
Death of registered finance broker 43
Register of finance brokers 45
Access to register 45
False or misleading statements 45
Part 5Inquiries
Meaning of inquirer—pt 5 46
Executive may order inquiry 46
Notice of inquiry 47
Application of Inquiries Act 1991 47
Findings and recommendations 47
Part 6Unjust conduct
Undertakings 49
Registration of undertakings 49
Orders by ACAT 50
Contravention of orders 51
Part 7Role of commissioner
Division 7.1 Functions generally
Functions 52
Division 7.2 Functions in relation to proceedings
Representing other people before ACAT 53
Taking or defending proceedings for other people 53
Conduct of proceedings so taken or defended 54
Intervention by Minister or commissioner 54
Presumption that Minister has consented 55
Investigation of certain applications to ACAT 55
Division 7.3 Powers in relation to investigations
Investigators 56
Powers of entry and inspection 56
Consent to entry 57
Search warrants 58
Power to obtain information or documents 59
Retaining and copying documents produced 60
Obstructing etc investigator 60
Part 8Financial counselling trust fund
Continuation of fund 62
Payments to fund 62
125A Payment into ACAT trust account 63
Payments from fund 63
Bank account 63
Part 8ANotification and review of decisions
Meaning of reviewable decision—pt 8A 64
Reviewable decision notices 64
Applications for review 64
Part 9Miscellaneous
Secrecy 65
Limitation on prosecution 65
Conduct of agents 66
Extensions of time 66
Registration—evidence 66
138A Joint liability 66
Determination of fees 67
140A Approved forms 67
Regulation-making power 68
Schedule 1Reviewable decisions 69
Dictionary71
Endnotes
About the endnotes 75
Abbreviation key 75
Legislation history 76
Amendment history 79
Earlier republications 94
Consumer Credit (Administration) Act 1996 (repealed)
An Act relating to the administration of the consumer credit industry
Part 1Preliminary
Name of Act
This Act is the Consumer Credit (Administration) Act 1996.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
For example, the signpost definition ‘finance broker, for division 3.4 (Occupational discipline—finance brokers)—see section 50.’ means that the term ‘finance broker’ is defined in that section for division 3.4.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Part 2Credit providers
Division 2.1 Exemptions
Exemption—banks
Division 2.2 (Provision of consumer credit) and division 2.3 (Registration of consumer credit providers) do not apply to a bank.
Exemption—collection of debts due to former credit providers
This part does not apply in relation to the collection of money due to another person if—
(a)the other person is a former registered credit provider or a former holder of a credit provider’s licence under the Credit Act 1985, or if the person’s registration as a credit provider is suspended; and
(b)the money is collected under a contract for consumer credit entered into by the other person under the authority given under this part, or under the Credit Act 1985, part 11, by the registration or licence.
Exemption—Ministerial determination
(1)A provision of this part does not apply in relation to a credit provider if a determination under subsection (2) is in force exempting that person from the application of the provision, to the extent set out in the determination.
(2)The Minister may, in writing, make a determination exempting a credit provider from the application of this part, in part or in whole, and to the extent set out in the determination.
(3)A determination under subsection (2) is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
Division 2.2 Provision of consumer credit
Registration as a consumer credit provider
(1)A person shall not provide consumer credit unless the person is registered as a credit provider.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2)An individual shall not hold himself or herself out as a provider of consumer credit unless the person is registered as a credit provider.
Maximum penalty: 30 penalty units.
(3)A body corporate shall not hold itself out as a provider of consumer credit unless it is registered as a credit provider.
Maximum penalty: 30 penalty units.
Authorised names
(1)A registered credit provider shall not provide consumer credit otherwise than under the credit provider’s name or another name under which the credit provider is authorised under section 10 to provide consumer credit.
Maximum penalty: 30 penalty units.
(2)A registered credit provider who is an individual shall not hold himself or herself out as providing consumer credit otherwise than under his or her name or another name under which he or she is authorised under section 10 to provide consumer credit.
Maximum penalty: 50 penalty units.
(3)A registered credit provider that is a body corporate shall not hold itself out as providing consumer credit otherwise than under the body’s name or another name under which the body is authorised under section 10 to provide consumer credit.
Maximum penalty: 50 penalty units.
Partnerships
A registered credit provider shall not provide consumer credit in partnership with a person who is not registered as a credit provider.
Maximum penalty: 50 penalty units.
Division 2.3 Registration of consumer credit providers
Authority given by registration
Subject to the consumer credit legislation and the Business Names Act 1963, registration as a credit provider authorises the registered person to provide consumer credit under the person’s name and under any other name endorsed on the registration certificate.
Application for registration
(1)An application for registration as a credit provider may be made to the commissioner in writing—
(a)by an individual who has attained the age of 18 years; or
(b)by a body corporate.
Note 1A fee may be determined under s 140 (Determination of fees) for this section.
Note 2If a form is approved under section 140A (Approved forms) for an application, the form must be used.
(2)An application shall specify—
(a)the applicant’s name and address; and
(b)if the applicant is a body corporate—the name and address of each director of the body; and
(c)the name or names under which the applicant intends to carry on business as a credit provider in the ACT; and
(d)the address of each place where the applicant intends to carry on business as a credit provider in the ACT, indicating which of these is the principal place of business; and
(e)whether the applicant’s business as a credit provider is to be carried on in partnership with any other person; and
(f)any other matters prescribed by the regulations.
(3)An applicant for registration shall provide the commissioner with such particulars additional to those included in the application as the commissioner may require.
Registration
(1)On an application for registration as a credit provider in accordance with section 11, the commissioner shall register the applicant unless the applicant is disqualified from registration—
(a)as a credit provider under this part; or
(b)as a finance broker under part 3.
Note 1A fee may be determined under s 140 (Determination of fees) for this section.
Note 2If a form is approved under section 140A (Approved forms) for an application under this section or a registration certificate, the form must be used.
(2)On registering a person as a credit provider, the commissioner shall issue a registration certificate to the person.
(3)If a registration certificate issued to a credit provider, or any duplicate subsequently issued to the credit provider under this subsection, has been stolen, lost or destroyed, the commissioner must, on application by the credit provider, issue a duplicate.
Endorsement of names
(1)On registration, or on application by a registered credit provider under subsection (2), the commissioner shall endorse the registration certificate with the name of the registered credit provider and any additional name or names under which the registered person intends to carry on, or carries on, business as a credit provider.
(2)On written application by a registered credit provider (accompanied by the registration certificate), the commissioner shall add, amend or omit an endorsement of a name on the registration certificate in accordance with the application.
Changed particulars
A registered credit provider shall give written notice to the commissioner specifying any change in the particulars notified on application for registration, or in particulars subsequently notified under this section, within 14 days after the change.
Maximum penalty: 10 penalty units.
Term of registration
Registration as a credit provider continues in force until it is surrendered or cancelled, except during any period during which the registration is suspended.
Annual fee and statement
(1)A registered credit provider shall lodge with the commissioner the annual fee on or before 27 March each year, or within such extended period as the commissioner allows under subsection (3).
(2)A person who has been a registered credit provider at any time during the period of 12 months before 28 February in each year shall, on or before 27 March in that year, or within such extended period as the commissioner allows under subsection (3), lodge with the commissioner a statement in respect of that part of the period of 12 months before 28 February in that year during which the person provided consumer credit.
NoteIf a form is approved under section 140A (Approved forms) for the statement , the form must be used.
(3)The commissioner may, in writing, extend, or further extend, the period for compliance with subsection (1) or (2) on application before the expiry of the period by the person required to comply with the subsection.
(4)A person who is not registered as a credit provider who fails to comply with subsection (2) commits an offence.
Maximum penalty: 20 penalty units.
(5)In this section:
annual fee means the annual fee determined under section 140 (Determination of fees) for this section.
registered credit provider, in relation to the period of 12 months before 28 February in any year, includes a person whose registration was suspended for any part of that period, or for the whole of that period.
Cancellation of registration for failure to pay fee or provide statement
(1)If a registered credit provider fails to lodge a fee or a statement in accordance with section 16, the commissioner shall give the credit provider written notice that the registration will be cancelled unless the fee or statement is lodged within a specified period (being a period of not less than 14 days after the date of the notice).
(2)If a registered credit provider fails to pay a fee or lodge a statement in accordance with a notice under subsection (1), the commissioner shall—
(a)cancel the registration; and
(b)disqualify the credit provider from obtaining registration as a credit provider or as a finance broker until such time as the fee is paid or the statement is lodged, as the case requires.
Surrender of registration
(1)A registered credit provider may surrender the registration by written notice to the commissioner accompanied by the registration certificate, subject to this section.
(2)If the commissioner has applied to the ACAT for occupational discipline in relation to the registered credit provider, the credit provider must not surrender the registration before the ACAT has decided the application.
(3)On application by a person who has surrendered registration, the commissioner shall return to the person so much as the commissioner thinks fit of the fee last paid by the person under section 16 (1).
(4)In this section:
registered credit provider includes a person whose registration as a credit provider is suspended.
Division 2.3A Complaints—credit providers
18AMeaning of credit provider—div 2.3A
In this division:
credit provider, in relation to an act or omission, means a registered person or a person who was registered at the time of the act or omission.
18BWho may complain?
Anyone who believes on reasonable grounds that a ground for occupational discipline exists in relation to a credit provider may complain to the commissioner.
Examples—people who may complain
1 a member of the public
2 a user of a service
Note 1Ground for occupational discipline—see s 20.
Note 2An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
18CForm of complaint
(1)A complaint must—
(a)be in writing; and
(b)be signed by the person (the complainant) making the complaint; and
(c)include the complainant’s name and address.
(2)However, the commissioner may accept a complaint for consideration even if it does not comply with subsection (1).
(3)If the commissioner accepts for consideration a complaint that is not in writing, the commissioner must require the complainant to put the complaint in writing unless there is a good reason for not doing so.
18DWithdrawal of complaints
(1)A complainant may withdraw the complaint at any time by written notice to the commissioner.
(2)If the complainant withdraws the complaint, the commissioner—
(a)need not take further action on the complaint; and
(b)may take further action on the complaint if the commissioner considers it appropriate to do so; and
(c)need not report to the complainant under section 18H (Action after investigating complaint) on the results of taking the action.
18EFurther information about complaint etc
(1)The commissioner may, at any time, require a complainant—
(a)to give the commissioner further information about the complaint; or
(b)to verify all or part of the complaint by statutory declaration.
(2)When making a requirement under this section, the commissioner must give the complainant a reasonable period of time to satisfy the requirement and may extend that period, whether before or after it ends.
(3)If the complainant does not comply with a requirement under subsection (1), the commissioner need not, but may, take further action in relation to the complaint.
18FInvestigation of complaint
The commissioner must take reasonable steps to investigate each complaint the commissioner accepts for consideration.
18GNo further action on complaint
The commissioner must not take further action on a complaint if satisfied that—
(a)the complaint lacks substance; or
(b)the complaint is frivolous, vexatious or was not made genuinely; or
(c)the complaint has been adequately dealt with.
NoteThe commissioner may also take no further action on a complaint if the complainant has not complied with a requirement made under s 18E (see s 18E (3)).
18HAction after investigating complaint
(1)After investigating a complaint against a credit provider, the commissioner must—
(a)if satisfied on reasonable grounds that a ground for occupational discipline exists in relation to the complaint—
(i)apply to the ACAT for an occupational discipline order in relation to the credit provider; and
(ii)tell the complainant in writing that the application has been made; or
(b)if not satisfied that a ground for occupational discipline exists in relation to the complaint—
(i)tell the complainant in writing that the commissioner will not take further action on the complaint; and
(ii)not take further action on the complaint.
(2)Subsection (1) (b) (ii) does not prevent the commissioner from taking further action in relation to a complaint if the commissioner becomes satisfied that a ground for occupational discipline exists in relation to the complaint.
NoteThe commissioner need not notify the complainant under s (1) if the complainant has withdrawn the complaint (see s 18D).
Division 2.4 Occupational discipline—credit providers
Meaning of credit provider—div 2.4
In this division, to remove any doubt:
credit provider includes the following:
(a)an unregistered credit provider;
(b)a credit provider whose registration is suspended;
(c)a bank;
(d)an entity that pretends to be a credit provider.
Grounds for occupational discipline
Each of the following is a ground for occupational discipline in relation to a credit provider:
(a)the credit provider has provided consumer credit inefficiently, dishonestly or unfairly;
(b)the credit provider has provided false or misleading information to the commissioner in relation to an application for registration under this Act;
(c)the credit provider has contravened, or is contravening—
(i)the consumer credit legislation; or
(ii)an occupational discipline order; or
(iii)an undertaking under section 105;
(d)the credit provider has provided consumer credit while the credit provider’s registration was suspended or cancelled, or the credit provider was disqualified;
(e)if the credit provider was licensed or registered at any time under the Credit Act 1985—
(i)the credit provider provided false or misleading information in relation to an application for the licence or the registration; or
(ii)the credit provider breached a condition to which the licence or registration was subject.
Application to ACAT for occupational discipline—credit provider
If the commissioner believes on reasonable grounds that a ground for occupational discipline exists in relation to a credit provider, the commissioner may apply to the ACAT for an occupational discipline order in relation to the credit provider.
Orders for occupational discipline
(1)This section applies if the ACAT may make an occupational discipline order in relation to a credit provider.
NoteThe ACT Civil and Administrative Tribunal Act 2008, s 65 sets out when the ACAT may make an order.
(2)In addition to any other occupational discipline order the ACAT may make, the ACAT may make 1 or more of the following orders for occupational discipline in relation to the credit provider:
(a)suspend the registration for a period not longer than 1 year;
(b)cancel the registration and disqualify the credit provider from obtaining registration as a credit provider or as a finance broker for a stated period;
(c)disqualify the credit provider, or a stated defined influential person in relation to the credit provider, from obtaining registration as a credit provider or as a finance broker for a stated period.
NoteThe ACT Civil and Administrative Tribunal Act 2008, s 66 sets out other occupational discipline orders the ACAT may make.
Credit provider not liable for penalties
(1)This section applies if—
(a)a credit provider has been convicted of an offence; and
(b)the conduct giving rise to the offence forms, wholly or partly, a ground for occupational discipline against the credit provider.
(2)The credit provider is not liable to pay an amount ordered to be paid under the ACT Civil and Administrative Tribunal Act 2008, section 66 (2) (h) in relation to the conduct.
Extension of time for complying with directions
(1)The ACAT may extend the time for complying with an ACAT order in relation to a credit provider.
(2)The extension may be made—
(a)before or after the end of the time for compliance given in the order; and
(b)on application by the credit provider or on the ACAT’s own initiative.
24AAPowers of inquiry
(1)The commissioner may make the inquiries about a credit provider for this division that the commissioner considers appropriate.
(2)The chief police officer must—
(a)make any reasonable inquiry about the credit provider asked for by the commissioner; and
(b)report the outcome of the inquiry to the commissioner.
(3)In this section:
credit provider includes—
(a)a defined influential person in relation to a credit provider; and
(b)an employee of a credit provider.
24ABCancellation or suspension for insolvency etc
(1)This section applies to a credit provider if the credit provider is—
(a)an individual and—
(i)becomes bankrupt or personally insolvent; or
(ii)is convicted in the ACT or elsewhere of an offence involving fraud or dishonesty punishable, on conviction, by imprisonment for 3 months or more; or
(iii)has a mental incapacity that affects the exercise of the credit provider’s functions; or
(b)a body corporate and—
(i)is dissolved, is under administration, is being wound up or has ceased to carry on business; or
(ii)a receiver, or a receiver and manager, has been appointed under the Corporations Act in relation to any property of the body; or
(iii)has entered into a compromise or scheme of arrangement with its creditors.
(2)The commissioner may suspend the credit provider’s registration for a stated period or cancel the registration.
(3)If the commissioner cancels the registration of a credit provider, the commissioner must disqualify the credit provider from obtaining registration as a credit provider or finance broker for the period stated in the notice of cancellation under section 129.
(4)On application by the credit provider, the commissioner may—
(a)remove the credit provider’s suspension at any time before the expiry of the stated period of suspension; or
(b)revoke the credit provider’s disqualification at any time before the expiry of the stated period of disqualification.
Division 2.4A Offences—credit providers
24ACOffence—comply with orders
A credit provider must comply with an order under the ACT Civil and Administrative Tribunal Act 2008, section 66 (2) (d), (h) or (i) that applies to the credit provider.
Maximum penalty: 50 penalty units.
24ADOffence—return registration to place conditions etc
(1)This section applies if the ACAT directs the commissioner to place a condition on a credit provider’s registration, or to remove or amend a condition on a credit provider’s registration, under the ACT Civil and Administrative Tribunal Act 2008, section 66 (2) (g).
(2)The credit provider must, on written notice from the commissioner and within 14 days after the date of the notice, return the certificate of registration to the commissioner to allow the commissioner—
(a)to place the condition on the registration; or
(b)to remove or amend the condition on the registration.
Maximum penalty: 10 penalty units.
24AEOffence—return suspended or cancelled registration
If the ACAT suspends or cancels the registration of a credit provider, the credit provider must return the certificate of registration to the commissioner within 14 days after the date of suspension or cancellation.
Maximum penalty: 10 penalty units.
24AFOffence—disqualified credit providers to have no concern in credit businesses
A person who is disqualified from obtaining registration as a credit provider by the ACAT must not exercise a function in relation to the direction, management or control of a business providing consumer credit or a finance broking business during the disqualification period.
Maximum penalty: 50 penalty units.
Division 2.5 General
24ACivil penalties—credit providers
(1)This section applies if—
(a)a credit provider’s registration was or is suspended or cancelled under this part or by the ACAT; and
(b)the credit provider provides consumer credit to a debtor while the registration is suspended or cancelled.
(2)This section also applies if—
(a)a credit provider is not, or was not, registered under this part nor exempted under division 2.1 (Exemptions); and
(b)the commissioner has directed the credit provider to become registered within a particular time; and
(c)the credit provider has not become registered, and not been exempted, within the time; and
(d)the credit provider provides consumer credit to a debtor after the time for complying with the direction while unregistered and not exempted.
(3)If this section applies under subsection (1) or (2), the debtor is not liable to pay an amount under the credit contract that would, apart from this subsection, have been payable during the period of suspension or cancellation or while the credit provider was unregistered and not exempted.
(4)An amount is recoverable by a debtor as a debt payable by a credit provider if—
(a)under subsection (3), the debtor is not liable to pay the amount under a credit contract; but
(b)the debtor has paid the amount.
(5)This section does not affect any liability of a person to be convicted or found guilty of an offence.
(6)In this section, to remove any doubt, a credit provider is a credit provider under section 19.
Death of registered credit provider
(1)If a registered credit provider dies, the credit provider’s legal personal representative may apply to the commissioner to take over the registration for a period of 6 months after the death.
(2)An application under subsection (1) shall be—
(a)lodged within 28 days after the death of the registered credit provider, or within such an extended period as the commissioner allows; and
(b)accompanied by the deceased credit provider’s registration certificate.
(3)On application in accordance with this section, the commissioner shall register the applicant unless the applicant is disqualified from registration—
(a)as a credit provider under this part or by the ACAT; or
(b)as a finance broker under part 3 or by the ACAT.
(4)If an application is granted, the commissioner shall endorse the registration certificate with the name of the applicant and the term of registration and return it to the applicant.
(5)For this part, a successful applicant under this section is to be taken to be registered as a credit provider subject to the condition that the registration is to terminate—
(a)at the expiration of 6 months after the death of the original registered credit provider; or
(b)if an application by the new registered credit provider to become the original registered credit provider’s legal personal representative is rejected at an earlier date—on the date of the rejection.
(6)In this section:
legal personal representative, in relation to a registered credit provider, includes—
(a)a person who is named as the credit provider’s legal personal representative; and
(b)a person who intends to apply to become the credit provider’s legal personal representative.
Register of credit providers
(1)For this Act and the Credit Act 1985, the commissioner shall keep a register to be known as the register of credit providers including particulars of registration of all registered credit providers.
(2)The register shall be kept in such form and manner as the commissioner thinks fit.
Access to register
On application to the commissioner in writing, a person may—
(a)inspect the register of credit providers; and
(b)obtain a copy of, or an extract from, the register.
NoteA fee may be determined under s 140 (Determination of fees) for this section.
Part 3Finance broking
Division 3.1 Exemptions
Exemption—particular entities
Division 3.2 (Finance broking) and division 3.3 (Registration of finance brokers) do not apply to the following entities:
(a)a bank;
(b)a financial institution;
(c)a lawyer while acting in the ordinary course of the profession of lawyer;
(d)a registered company auditor within the meaning of the Corporations Act, while acting in the ordinary course of the profession of public accountant;
(e)a body corporate registered under the Life Insurance Act 1995 (Cwlth);
(f)a body corporate authorised under the Insurance Act 1973 (Cwlth) to carry on insurance business;
(g)unless the Insurance Act 1973 (Cwlth), part 7 has ceased to have effect—a Lloyd’s underwriter, being an underwriter of the society known as Lloyd’s incorporated by the Imperial Act known as Lloyd’s Act 1871;
(h)a dealer under, or a recognised dealer under, the Security Industry Act 1980 (Cwlth) while acting in the ordinary course of the business of a dealer within the meaning of that Act;
(i)the curator of estates of deceased persons within the meaning of the Public Trustee Act 1985;
(j)the public trustee within the meaning of the Public Trustee Act 1985;
(k)a trustee company within the meaning of the Trustee Companies Act 1947.
Exemption—finance broking in the course of another business
Division 3.2 (Finance broking) and division 3.3 (Registration of finance brokers) do not apply to a person (the exempt person) who carries on a genuine business of selling land or supplying goods or services (whether as principal or agent) if—
(a)the exempt person acts as a finance broker in relation to the provision of consumer credit exclusively for a person (the client) who deals with the exempt person in the ordinary course of that business; and
(b)the client has given written authority for such credit to be applied in payment for land, goods or services sold or supplied in the course of that business.
Exemption—Ministerial determination
(1)A provision of this part does not apply in relation to a finance broker if a determination under subsection (2) is in force exempting that person from the application of the provision, to the extent set out in the determination.
(2)The Minister may, in writing, make a determination exempting a finance broker from the application of this part, in part or in whole, and to the extent set out in the determination.
(3)A determination under subsection (2) is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
Division 3.2 Finance broking
Registration as a finance broker
(1)A person shall not act as a finance broker unless the person is registered as a finance broker.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2)An individual shall not hold himself or herself out as a finance broker unless the person is registered as a finance broker.
Maximum penalty: 30 penalty units.
(3)A body corporate shall not hold itself out as a finance broker unless it is registered as a finance broker.
Maximum penalty: 30 penalty units.
Advertising
A finance broker shall not publish, or cause to be published, whether in a newspaper or otherwise, an advertisement in connection with the broker’s business as a finance broker without specifying in the advertisement—
(a)a name under which the broker is authorised to act as a finance broker under section 41; and
(b)the address of a place of business in respect of that name where the broker is authorised to act as a finance broker.
Maximum penalty: 10 penalty units.
Records
(1)A finance broker shall make, or cause to be made, a full record of the particulars of a finance broking transaction as soon as practicable after entering into the transaction.
Maximum penalty: 20 penalty units.
(2)A finance broker shall preserve a record made under subsection (1) for the period of 3 years immediately following the date of the transaction.
Maximum penalty: 20 penalty units.
Commissions
(1)A finance broker shall not demand, receive or accept any commission for a finance broking transaction unless the transaction is effected under a written agreement—
(a)signed by the person charged, or to be charged, with the payment of the commission; and
(b)containing particulars of the amount of credit to be obtained, the term of the credit and the maximum amount of interest and other charges to be paid in respect of the credit.
Maximum penalty: 50 penalty units.
(2)A finance broker must not demand, receive or accept any commission for a finance broking transaction in excess of the maximum prescribed by the regulations (plus any GST payable in relation to the commission).
Maximum penalty: 50 penalty units.
(3)A finance broker shall not demand, receive or accept any commission for a finance broking transaction before securing the credit in respect of which the commission is charged.
Maximum penalty: 50 penalty units.
(4)A finance broker shall not demand, receive or accept any commission for a finance broking transaction if the credit secured—
(a)is for an amount less than the amount specified in the terms of the agreement to act as a finance broker required under subsection (1); or
(b)is at a rate of interest, or for a charge, greater than the rate or charge specified in the terms of that agreement; or
(c)is for a term less than the term specified in that agreement.
Maximum penalty: 50 penalty units.
(5)In proceedings for an offence against this section, the court may, if it finds the finance broker guilty of the offence (whether or not it proceeds to conviction), order the finance broker—
(a)to refund any amount received or accepted by the finance broker in contravention of this section; and
(b)to pay interest on such an amount at such rate as is fixed by the court, not exceeding the rate prescribed by the regulations, from the time of the receipt or acceptance of the amount until the time it is refunded.
(6)In this section:
commission, for a finance broking transaction—
(a)means a commission from a debtor on behalf of whom the credit to which the transaction relates is being sought; but
(b)does not include a commission from a credit provider in relation to the transaction.
Valuation fees
(1)Nothing in section 35 prohibits a finance broker from demanding, receiving or accepting at any time an amount equal to the estimated cost of obtaining a valuation of any security offered for any proposed credit.
(2)Subsection (1) applies only if—
(a)the cost of the valuation is estimated on the basis of the fees (if any) prescribed by the regulations as the maximum fees for such valuations; and
(b)any amount paid for the valuation is held in trust by the finance broker to pay the costs of the valuation and to repay the balance of any such amount to the person who paid it.
False statements about credit provision
A finance broker shall not induce, or attempt to induce, a person to enter into an agreement in relation to the provision of consumer credit by making a statement or representation that is false or misleading by reason of—
(a)the inclusion of matter that the finance broker knows to be false or misleading; or
(b)the inclusion of matter that the finance broker has no reasonable grounds for believing to be true; or
(c)the inclusion of matter that the finance broker has no reasonable grounds for believing to be accurate; or
(d)the omission of any material matter that the finance broker knows to be material, except if the finance broker believes on reasonable grounds that such an omission would not make the statement or representation false or misleading.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
Authorised names
(1)A registered finance broker shall not act as a finance broker otherwise than under the finance broker’s name or another name under which the broker is authorised to act under section 41.
Maximum penalty: 50 penalty units.
(2)A registered finance broker who is an individual shall not hold himself or herself out as a finance broker otherwise than under his or her name or another name under which he or she is authorised under section 41 to act as a finance broker.
Maximum penalty: 50 penalty units.
(3)A registered finance broker that is a body corporate shall not hold itself out as a finance broker otherwise than under the body’s name or another name under which the body is authorised under section 41 to act as a finance broker.
Maximum penalty: 50 penalty units.
Partnerships
A registered finance broker shall not carry on a business of finance broking in partnership with a person who is not registered as a finance broker.
Maximum penalty: 50 penalty units.
Proof of finance broking offences
A finance broker is not liable to be convicted of an offence against this division unless it is proved that—
(a)the finance broker knew or had reasonable cause to suspect that the credit to which the proceedings relate was, or was to be, consumer credit in whole or in part; or
(b)if the finance broker had made reasonable inquiries, the finance broker would have known or had reasonable cause to suspect that the credit to which the proceedings relate was, or was to be, consumer credit in whole or in part.
Division 3.3 Registration of finance brokers
Authority given by registration
Subject to the consumer credit legislation and the Business Names Act 1963, registration as a finance broker authorises the registered person to act as a finance broker under the person’s name and under any other name endorsed on the registration certificate.
Application for registration
(1)An application for registration as a finance broker may be made to the commissioner in writing—
(a)by an individual who has attained the age of 18 years; or
(b)by a body corporate.
Note 1A fee may be determined under s 140 (Determination of fees) for this section.
Note 2If a form is approved under section 140A (Approved forms) for an application, the form must be used.
(2)An application shall specify—
(a)the applicant’s name and address; and
(b)if the applicant is a body corporate—the name and address of each director of the body; and
(c)the name or names under which the applicant intends to carry on business as a credit provider in the ACT; and
(d)the address of each place where the applicant intends to carry on business as a finance broker in the ACT, indicating which of these is the principal place of business; and
(e)whether the applicant’s business as a finance broker is to be carried on in partnership with any other person; and
(f)any other matters prescribed by the regulations.
(3)An applicant for registration shall provide the commissioner with such particulars additional to those included in the application as the commissioner may require.
Registration
(1)On an application for registration as a finance broker in accordance with section 42, the commissioner shall register the applicant unless the applicant is disqualified from registration—
(a)as a finance broker under this part; or
(b)as a credit provider under part 2.
Note 1A fee may be determined under s 140 (Determination of fees) for this section.
Note 2If a form is approved under section 140A (Approved forms) for an application under this section or a registration certificate, the form must be used.
(2)On registering a person as a finance broker, the commissioner shall issue a registration certificate to the person.
(3)If a registration certificate issued to a finance broker, or any duplicate subsequently issued to the finance broker under this subsection, has been stolen, lost or destroyed, the commissioner must, on application by the finance broker, issue a duplicate.
Endorsement of names
(1)On registration, or on application by a registered finance broker under subsection (2), the commissioner shall endorse the registration certificate with the name of the registered finance broker and any additional name or names under which the registered person intends to carry on, or carries on, business as a finance broker.
(2)On written application by a registered finance broker (accompanied by the registration certificate), the commissioner shall add, amend or omit an endorsement of a name on the registration certificate in accordance with the application.
Changed particulars
A registered finance broker shall give written notice to the commissioner specifying any change in the particulars notified on application for registration, or in particulars subsequently notified under this section, within 14 days after the change.
Maximum penalty: 10 penalty units.
Term of registration
Registration as a finance broker continues in force until it is surrendered or cancelled, except during any period during which the registration is suspended.
Annual fee and statement
(1)A registered finance broker shall lodge with the commissioner the annual fee on or before 27 March each year, or within such extended period as the commissioner allows under subsection (3).
(2)A person who has been a registered finance broker at any time during the period of 12 months before 28 February in each year shall, on or before 27 March in that year, or within such extended period as the commissioner allows under subsection (3), lodge with the commissioner a statement in respect of that part of the period of 12 months before 28 February in that year during which the person acted as a finance broker.
NoteIf a form is approved under section 140A (Approved forms) for the statement, the form must be used.
(3)The commissioner may, in writing, extend, or further extend, the period for compliance with subsection (1) or (2) on application before the expiry of the period by the person required to comply with the subsection.
(4)A person who is not registered as a finance broker who fails to comply with subsection (2) commits an offence.
Maximum penalty: 20 penalty units.
(5)In this section:
annual fee means the annual fee determined under section 140 (Determination of fees) for this section.
registered finance broker, in relation to the period of 12 months before 28 February in any year, includes a person whose registration was suspended for any part of that period, or for the whole of that period.
Cancellation of registration for failure to pay fee or provide statement
(1)If a registered finance broker fails to lodge a fee or a statement in accordance with section 47, the commissioner shall give the finance broker written notice that the registration will be cancelled unless the fee or statement is lodged within a specified period (being a period of not less than 14 days after the date of the notice).
(2)If a registered finance broker fails to pay a fee or lodge a statement in accordance with a notice under subsection (1), the commissioner shall—
(a)cancel the registration; and
(b)disqualify the finance broker from obtaining registration as a finance broker or as a credit provider until such time as the fee is paid or the statement is lodged, as the case requires.
Surrender of registration
(1)A registered finance broker may surrender the registration by written notice to the commissioner accompanied by the registration certificate, subject to this section.
(2)If the commissioner has applied to the ACAT for occupational discipline in relation to the registered finance broker, the finance broker must not surrender the registration before the ACAT has decided the application.
(3)On application by a person who has surrendered registration, the commissioner shall return to the person so much as the commissioner thinks fit of the fee last paid by the person under section 47 (1).
(4)In this section:
registered finance broker includes a person whose registration as a finance broker is suspended.
Division 3.3A Complaints—finance brokers
49AMeaning of finance broker—div 3.3A
In this division:
finance broker, in relation to an act or omission, means a registered person or a person who was registered at the time of the act or omission.
49BWho may complain?
Anyone who believes on reasonable grounds that a ground for occupational discipline exists in relation to a finance broker may complain to the commissioner.
Examples—people who may complain
1 a member of the public
2 a user of a service
Note 1Ground for occupational discipline—see s 51.
Note 2An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
49CForm of complaint
(1)A complaint must—
(a)be in writing; and
(b)be signed by the person (the complainant) making the complaint; and
(c)include the complainant’s name and address.
(2)However, the commissioner may accept a complaint for consideration even if it does not comply with subsection (1).
(3)If the commissioner accepts for consideration a complaint that is not in writing, the commissioner must require the complainant to put the complaint in writing unless there is a good reason for not doing so.
49DWithdrawal of complaints
(1)A complainant may withdraw the complaint at any time by written notice to the commissioner.
(2)If the complainant withdraws the complaint, the commissioner—
(a)need not take further action on the complaint; and
(b)may take further action on the complaint if the commissioner considers it appropriate to do so; and
(c)need not report to the complainant under section 49H (Action after investigating complaint) on the results of taking the action.
49EFurther information about complaint etc
(1)The commissioner may, at any time, require a complainant—
(a)to give the commissioner further information about the complaint; or
(b)to verify all or part of the complaint by statutory declaration.
(2)When making a requirement under this section, the commissioner must give the complainant a reasonable period of time to satisfy the requirement and may extend that period, whether before or after it ends.
(3)If the complainant does not comply with a requirement under subsection (1), the commissioner need not, but may, take further action in relation to the complaint.
49FInvestigation of complaint
The commissioner must take reasonable steps to investigate each complaint the commissioner accepts for consideration.
49GNo further action on complaint
The commissioner must not take further action on a complaint if satisfied that—
(a)the complaint lacks substance; or
(b)the complaint is frivolous, vexatious or was not made genuinely; or
(c)the complaint has been adequately dealt with.
NoteThe commissioner may also take no further action on a complaint if the complainant has not complied with a requirement made under s 49E (see s 49E (3)).
49HAction after investigating complaint
(1)After investigating a complaint against a finance broker, the commissioner must—
(a)if satisfied on reasonable grounds that a ground for occupational discipline exists in relation to the complaint—
(i)apply to the ACAT for an occupational discipline order in relation to the finance broker; and
(ii)tell the complainant in writing that the application has been made; or
(b)if not satisfied that a ground for occupational discipline exists in relation to the complaint—
(i)tell the complainant in writing that the commissioner will not take further action on the complaint; and
(ii)not take further action on the complaint.
(2)Subsection (1) (b) (ii) does not prevent the commissioner from taking further action in relation to a complaint if the commissioner becomes satisfied that a ground for occupational discipline exists in relation to the complaint.
NoteThe commissioner need not notify the complainant under s (1) if the complainant has withdrawn the complaint (see s 49D).
Division 3.4 Occupational discipline—finance brokers
Meaning of finance broker—div 3.4
In this division, to remove any doubt:
finance broker includes the following:
(a)an unregistered finance broker;
(b)a finance broker whose registration is suspended;
(c)an entity exempted under section 29 (Exemption—particular entities) or section 30 (Exemption—finance broking in the course of another business);
(d)an entity that pretends to be a finance broker.
Grounds for occupational discipline
Each of the following is a ground for occupational discipline in relation to a finance broker:
(a)the finance broker has exercised the functions of a finance broker inefficiently, dishonestly or unfairly;
(b)the finance broker has provided false or misleading information to the commissioner in relation to an application for registration under this Act;
(c)the finance broker has contravened, or is contravening—
(i)the consumer credit legislation; or
(ii)an occupation discipline order; or
(iii)an undertaking under section 105;
(d)the finance broker has exercised the functions of a finance broker while the finance broker’s registration was suspended or cancelled, or while the finance broker was disqualified;
(e)if the finance broker was licensed at any time under the Credit Act 1985—
(i)the finance broker provided false or misleading information in relation to an application for the licence; or
(ii)the finance broker breached a condition to which the licence was subject.
Application to ACAT for occupational discipline—finance brokers
If the commissioner believes on reasonable grounds that a ground for occupational discipline exists in relation to a finance broker, the commissioner may apply to the ACAT for an occupational discipline order in relation to the finance broker.
Orders for occupational discipline
(1)This section applies if the ACAT may make an occupational discipline order in relation to a finance broker.
NoteThe ACT Civil and Administrative Tribunal Act 2008, s 65 sets out when the ACAT may make an order.
(2)In addition to any other occupational discipline order the ACAT may make, the ACAT may make 1 or more of the following occupational discipline orders in relation to the finance broker:
(a)suspend the registration for a period not longer than 1 year;
(b)cancel the registration and disqualify the finance broker from obtaining registration as a finance broker or as a credit provider for a stated period;
(c)disqualify the finance broker, or a stated defined influential person in relation to the finance broker, from obtaining registration as a finance broker or as a credit provider for a stated period.
NoteThe ACT Civil and Administrative Tribunal Act 2008, s 66 sets out other occupational discipline orders the ACAT may make.
Finance broker not liable for penalties
(1)This section applies if—
(a)a finance broker has been convicted of an offence; and
(b)the conduct giving rise to the offence forms, wholly or partly, a ground for occupational discipline in relation to the finance broker.
(2)The finance broker is not liable to pay any amount ordered to be paid by the ACAT under the ACT Civil and Administrative Tribunal Act 2008, section 66 (2) (h) in relation to the conduct.
Extension of time for complying with directions
(1)The ACAT may extend the time for complying with an ACAT order in relation to a finance broker.
(2)The extension may be made—
(a)before or after the end of the time for compliance given in the order; and
(b)on application by the finance broker or on the ACAT’s own initiative.
55AAPowers of inquiry
(1)The commissioner may make the inquiries about a finance broker for this division that the commissioner considers appropriate.
(2)The chief police officer must—
(a)make any reasonable inquiry about a credit provider asked for by the commissioner; and
(b)report on the outcome of the inquiry to the commissioner.
(3)In this section:
finance broker includes—
(a)a defined influential person in relation to a finance broker; and
(b)an employee of a finance broker.
55ABCancellation or suspension for insolvency etc
(1)This section applies to a finance broker if the finance broker is—
(a)an individual and—
(i)becomes bankrupt or personally insolvent; or
(ii)is convicted in the ACT or elsewhere of an offence involving fraud or dishonesty punishable, on conviction, by imprisonment for 3 months or more; or
(iii)has a mental incapacity that affects the exercise of the credit provider’s functions; or
(b)a body corporate and—
(i)is dissolved, is under administration, is being wound up or has ceased to carry on business; or
(ii)if a receiver, or a receiver and manager, has been appointed under the Corporations Act in relation to any property of the body; or
(iii)has entered into a compromise or scheme of arrangement with its creditors.
(2)The commissioner may suspend the finance broker’s registration for a stated period or cancel the registration.
(3)If the commissioner cancels the registration of a finance broker, the commissioner must disqualify the finance broker from obtaining registration as a finance broker or credit provider for the period stated in the notice of cancellation under section 129.
(4)On application by the finance broker, the commissioner may—
(a)remove the finance broker’s suspension at any time before the expiry of the stated period of suspension; or
(b)revoke the finance broker’s disqualification at any time before the expiry of the stated period of disqualification.
Division 3.4A Offences—finance brokers
55ACOffence—comply with orders
A finance broker must comply with an order of the ACAT under the ACT Civil and Administrative Tribunal Act 2008, section 66 (2) (d), (h) or (i).
Maximum penalty: 50 penalty units.
55ADOffence—return registration for conditions
(1)This section applies if the ACAT directs the commissioner to place a condition on a finance broker’s registration, or to remove or amend a condition on a finance broker’s registration, under the ACT Civil and Administrative Tribunal Act 2008, section 66 (2) (g).
(2)The finance broker must, on written notice from the commissioner and within 14 days after the date of the notice, return the certificate of registration to the commissioner to allow the commissioner to—
(a)place the condition on the registration; or
(b)remove or amend the condition on the registration.
Maximum penalty: 10 penalty units.
55AEOffence—return suspended or cancelled registration
If the ACAT suspends or cancels the registration of a finance broker, the finance broker must return the certificate of registration to the commissioner within 14 days after the date of suspension or cancellation.
Maximum penalty: 10 penalty units.
55AFOffence—disqualified finance brokers
A person who is disqualified from obtaining registration as a finance broker by order of the ACAT must not exercise any function in relation to the direction, management or control of a finance broking business or a business providing consumer credit during the disqualification period.
Maximum penalty: 50 penalty units.
Division 3.5 General
55ACivil penalties—finance brokers
(1)This section applies if—
(a)the registration of a finance broker was or is suspended or cancelled under this part or by the ACAT; and
(b)the finance broker is involved in finance broking and for that purpose enters into a contract with a debtor while the registration is suspended or cancelled.
(2)This section also applies if—
(a)a finance broker is or was not registered under this part nor exempted under division 3.1 (Exemptions); and
(b)the commissioner has directed the finance broker to become registered within a particular time; and
(c)the finance broker has not become registered, and not been exempted, within the time; and
(d)the finance broker is involved in finance broking and for that purpose enters into a contract with a debtor after the time for complying with the direction while unregistered and not exempted.
(3)If this section applies under subsection (1) or (2), the debtor is not liable to pay any amount under the contract.
(4)An amount is recoverable by a debtor as a debt payable by a finance broker if—
(a)under subsection (3), the debtor is not liable to pay the amount under a contract; but
(b)the debtor has paid the amount.
(5)This section does not affect any liability of a person to be convicted or found guilty of an offence.
(6)In this section, to remove any doubt, a finance broker is a finance broker under section 50.
Death of registered finance broker
(1)If a registered finance broker dies, the finance broker’s legal personal representative may apply to the commissioner to take over the registration for a period of 6 months after the death.
(2)An application under subsection (1) shall be—
(a)lodged within 28 days after the death of the registered finance broker, or within such an extended period as the commissioner allows; and
(b)accompanied by the deceased finance broker’s registration certificate.
(3)On application in accordance with this section, the commissioner shall register the applicant unless the applicant is disqualified from registration—
(a)as a finance broker under this part or by the ACAT; or
(b)as a credit provider under part 2 or by the ACAT.
(4)If an application is granted, the commissioner shall endorse the registration certificate with the name of the applicant and the term of registration and return it to the applicant.
(5)For this part, a successful applicant under this section is to be taken to be registered as a finance broker subject to the condition that the registration is to terminate—
(a)at the expiration of 6 months after the death of the original registered finance broker; or
(b)if an application by the new registered finance broker to become the original registered finance broker’s legal personal representative is rejected at an earlier date—on the date of the rejection.
(6)In this section:
legal personal representative, in relation to a registered finance broker, includes—
(a)a person who is named as the finance broker’s legal personal representative; and
(b)a person who intends to apply to become the finance broker’s legal personal representative.
Register of finance brokers
(1)For this Act and the Credit Act 1985, the commissioner shall keep a register to be known as the register of finance brokers including particulars of registration of all registered finance brokers.
(2)The register shall be kept in such form and manner as the commissioner thinks fit.
Access to register
On application to the commissioner in writing, a person may—
(a)inspect the register of finance brokers; and
(b)obtain a copy of, or an extract from, the register.
NoteA fee may be determined under s 140 (Determination of fees) for this section.
False or misleading statements
A person shall not make a statement in purported compliance with this part that is false or misleading by reason of—
(a)the inclusion of matter in the statement that the person knows to be false or misleading; or
(b)the inclusion of matter in the statement that the person has no reasonable grounds for believing to be true; or
(c)the inclusion of matter in the statement that the person has no reasonable grounds for believing to be accurate; or
(d)the omission from the statement of any material matter that the person knows to be material, except if the person believes on reasonable grounds that such an omission would not make the statement false or misleading.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
Part 5Inquiries
Meaning of inquirer—pt 5
In this part:
inquirer—see section 100.
Executive may order inquiry
(1)The Executive may appoint 1 of the following entities (the inquirer) to inquire into matters about the provision of credit, or the consequences of the provision of credit:
(a)the commissioner;
(b)another entity.
Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
(2)The appointment is subject to any condition stated in the appointment.
(3)Subject to the appointment, the inquirer has the functions given under this part.
NoteFunction includes power and under includes by (see Legislation Act, dict, pt 1).
(4)The appointment is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
(5)The Executive must also publish the terms of each appointment in a daily newspaper.
Notice of inquiry
(1)Before beginning an inquiry, the inquirer must prepare a written notice setting out the following matters in relation to the inquiry:
(a)the way in which the inquiry will be held;
(b)the subject matter of the inquiry;
(c)the time and day and location of the inquiry.
(2)The notice may include anything else the inquirer considers appropriate.
(3)The notice is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
(4)The inquirer must also publish the notice in a daily newspaper.
Application of Inquiries Act 1991
The Inquiries Act 1991, part 3 (other than sections 14 and 14A) and part 4 apply in relation to an inquiry under this part as if, in those provisions—
(a)a reference to an inquiry were a reference to an inquiry under this part; and
(b)a reference to any of the following were a reference to the inquirer:
(i)a board of inquiry;
(ii)the chairperson of a board of inquiry;
(iii)a member of a board of inquiry.
Findings and recommendations
On finishing an inquiry, the inquirer must, as soon as practicable—
(a)give a written report of the results of the inquiry to the Minister; and
(b)make the recommendations in the report about the results that the inquirer thinks fit.
Part 6Unjust conduct
Undertakings
(1)If the commissioner is satisfied that a person has engaged in unjust conduct as a credit provider or finance broker, the commissioner may, with the consent of the Minister—
(a)request the person to give an undertaking in respect of 1 or more of the following matters by a deed approved by the commissioner:
(i)refraining from that conduct;
(ii)rectifying its consequences;
(iii)future conduct by the person; or
(b)apply to the ACAT for an order under section 107 (1).
(2)The commissioner must not apply for an order under section 107 (1) in relation to the conduct that is in accordance with an undertaking.
(3)A person shall not contravene an undertaking.
Maximum penalty: 100 penalty units.
(4)A prosecution for an offence against subsection (3) must not be begun except by the commissioner with the leave of the ACAT.
Registration of undertakings
(1)The commissioner shall—
(a)keep a register containing the prescribed particulars in respect of each undertaking referred to in section 105; and
(b)ensure that the register is available for public inspection free of charge at the office of the commissioner.
(2)The register shall be kept in such form and manner as the commissioner thinks fit.
(3)The commissioner shall—
(a)retain each deed by which an undertaking is given; and
(b)give a copy of the deed to—
(i)the person who gave the undertaking; and
(ii)the registrar of the ACAT.
Orders by ACAT
(1)The commissioner may apply to the ACAT for an order under this section in relation to a person.
(2)On application, the ACAT may make the following orders:
(a)if satisfied that the person has engaged in unjust conduct—require the person to refrain from engaging in the conduct;
(b)if satisfied that the person has contravened an undertaking under section 105—require the person to comply with the undertaking within a stated period;
(c)if satisfied that the person has engaged in defined conduct—prohibit the person from engaging in the defined conduct.
(3)In this section, a person engages in defined conduct if the person—
(a)is a defined influential person in relation to a body corporate; and
(b)has consented to or connived at—
(i)the body corporate engaging in unjust conduct as a credit provider or finance broker; or
(ii)the body corporate contravening an undertaking mentioned in section 105.
(4)An order under this section is subject to any condition stated in the order.
(5)This section does not limit the orders the ACAT may make.
Contravention of orders
(1)A person who contravenes an order under section 107 (1) commits an offence.
Maximum penalty: 100 penalty units.
(2)A person who contravenes an order under section 107 (2) commits an offence.
Maximum penalty: 100 penalty units.
(3)A person who contravenes an order under section 107 (3) commits an offence.
Maximum penalty: 100 penalty units.
Part 7Role of commissioner
Division 7.1 Functions generally
Functions
In addition to any other functions given to the commissioner under the consumer credit legislation, the commissioner has the following functions:
(a)to investigate complaints about matters relating to the consumer credit legislation received by the commissioner from credit providers, debtors, finance brokers and other persons who might reasonably be taken to have an interest in the matters complained about, and to provide advice to complainants about those matters;
(b)to conduct, on his or her own initiative, other investigations and research about matters relating to the consumer credit legislation;
(c)to give to, and exchange information with, persons who, under a law of a State or another Territory, have functions similar to those given to the commissioner under the consumer credit legislation;
(d)to commence and conduct proceedings for offences against the consumer credit legislation;
(e)at the request of the ACAT, to prepare reports for, and to provide other assistance to, the ACAT.
NoteA provision of a law that gives an entity (including a person) a function also gives the entity the powers necessary and convenient to exercise the function (see Legislation Act, s 196 (1) and dict, pt 1, defs of entity and function).
Division 7.2 Functions in relation to proceedings
Representing other people before ACAT
(1)Despite anything in the consumer credit legislation, the commissioner may represent a party in a proceeding before the ACAT.
(2)For subsection (1), the commissioner may—
(a)appear in person; or
(b)be represented by a legal practitioner or another person.
Taking or defending proceedings for other people
(1)This section applies to a complaint about a matter arising under the consumer credit legislation made by—
(a)an individual; or
(b)a strata corporation under the Credit Code.
(2)The commissioner may begin or defend a proceeding on behalf of, and in the name of, the complainant.
(3)However, the commissioner may begin or defend a proceeding only if—
(a)the commissioner is satisfied that—
(i)the complainant has a right to begin or defend the proceeding—
(A)in a court or the ACAT; and
(B)in relation to the matter complained about; and
(ii)it would be in the public interest for the commissioner to take or defend the proceeding on behalf of the complainant; and
(b)the commissioner has the written consent of the complainant and the Minister.
(4)A complainant who has given consent under subsection (3) (b) cannot revoke the consent after the commissioner has taken a step in the proceeding unless the commissioner agrees.
Conduct of proceedings so taken or defended
(1)This section applies in relation to proceedings being taken or defended by the commissioner under section 112.
(2)The commissioner shall have the conduct of the proceedings on behalf of the complainant.
(3)The commissioner may—
(a)appear in person; or
(b)despite any other law in force in the ACT, be represented by a lawyer or another person.
(4)The commissioner may do anything necessary or expedient to be done to give effect to an order or decision of the court or ACAT.
(5)The complainant is liable to pay any amount (other than an amount for costs) that the complainant is ordered by the court or ACAT to pay.
(6)The Territory is liable to pay the costs of the complainant, including any costs awarded against the complainant.
Intervention by Minister or commissioner
(1)The Minister or commissioner may intervene in a proceeding under the consumer credit legislation before a court or the ACAT if satisfied that it would be in the public interest to do so.
(2)However—
(a)the commissioner must only intervene with the Minister’s consent; and
(b)the Minister and commissioner must not intervene in a proceeding for an offence.
(3)If the Minister or commissioner intervenes in a proceeding, the Minister or commissioner—
(a)is, by force of this section, a party to the proceeding; and
(b)may—
(i)appear in person; or
(ii)despite any other law in force in the ACT, be represented by a legal practitioner or another person.
Presumption that Minister has consented
If the commissioner—
(a)takes or defends proceedings under section 112; or
(b)intervenes in proceedings under section 114;
it shall be presumed that the Minister consented to the commissioner doing so, but that presumption is rebuttable.
Investigation of certain applications to ACAT
Before an application under the Credit Act 1985, section 86, or the Credit Code, section 101, is heard, the commissioner must, if required to do so by the ACAT, investigate the application and report the findings to the ACAT.
Division 7.3 Powers in relation to investigations
Investigators
An investigation for section 109 (a) or (b) may be made by the commissioner or a person authorised, in writing, by the commissioner.
Note 1An investigator is the commissioner or a person authorised under this section (see the dictionary, definition of investigator).
Note 2For the issue of an identity card to an investigator, see the Fair Trading (Consumer Affairs) Act 1973, section 10.
Powers of entry and inspection
(1)An investigator may—
(a)for the purpose of ensuring that the consumer credit legislation is being complied with, enter—
(i)any premises (other than residential premises) at any reasonable time; or
(ii)any premises with the consent of the occupier or a person apparently in charge of the premises; or
(b)enter any premises under a search warrant.
(2)An investigator may enter premises under subsection (1)—
(a)with such assistance; and
(b)when entering under a warrant—with such force;
as is necessary and reasonable.
(3)An investigator who enters premises under subsection (1) is not authorised to remain on the premises if the investigator does not produce his or her identity card for inspection if asked to do so by the occupier or a person apparently in charge of the premises.
(4)If an investigator enters premises under subsection (1), the investigator may—
(a)inspect any record found on the premises; and
(b)take copies of and extracts from any such records; and
(c)require any person on the premises to—
(i)make available any record kept on the premises; and
(ii)furnish information; and
(iii)answer questions.
Consent to entry
(1)Before obtaining the consent of a person to enter premises for section 118 (1) (a) (ii), an investigator must—
(a)show the person his or her identity card; and
(b)tell the person that the person may refuse to give consent.
(2)If an investigator obtains the consent of a person for section 118 (1) (a) (ii), the investigator shall ask the person to sign a written acknowledgment of—
(a)the fact that the person has been informed that he or she may refuse to give consent; and
(b)the fact that the person has voluntarily given consent; and
(c)the day and the time when the consent was given.
(3)An entry by an investigator under a person’s consent is not lawful unless the consent was voluntary.
(4)If—
(a)it is material, in any proceedings, for a court to be satisfied that the consent of a person for section 118 (1) (a) (ii) was voluntary; and
(b)an acknowledgment, in accordance with subsection (2), signed by the person is not produced in evidence;
the court shall assume, unless the contrary is proved, that the consent was not voluntary.
Search warrants
(1)If—
(a)an information is laid before a magistrate alleging that an investigator has reasonable grounds for suspecting that there may be on any premises a thing of a particular kind connected with a particular offence against the consumer credit legislation; and
(b)the information sets out those grounds;
the magistrate may issue a search warrant authorising the investigator named in the warrant, with such assistance and by such force as is necessary and reasonable—
(c)to enter the premises described in the warrant; and
(d)to search the premises for things of the kind mentioned in paragraph (a); and
(c)to exercise any of the powers under section 118 (4) in respect of those things.
(2)A magistrate shall not issue a warrant unless—
(a)the informant or another person has given the magistrate, either orally or by affidavit, any further information that the magistrate requires concerning the grounds on which the issue of the warrant is being sought; and
(b)the magistrate is satisfied that there are reasonable grounds for issuing the warrant.
(3)A warrant shall—
(a)state the purpose for which it is issued, including a reference to the nature of the offence in connection with which the entry and search is authorised; and
(b)state that the entry is authorised at any time of the day or night, or specify particular hours when the entry is authorised; and
(c)a description of the kind of things in relation to which the powers under section 118 (4) may be exercised; and
(d)specify a date (being a date not later than 1 month after the date when the warrant is issued) when the warrant ceases to have effect.
Power to obtain information or documents
(1)If an investigator is satisfied that a person is capable of providing information or producing a document reasonably required for the purpose of ensuring that the consumer credit legislation is being complied with, the investigator may, by written notice, require the person—
(a)to provide the information to the investigator in the manner specified in the notice; or
(b)to produce the document to the investigator.
(2)A notice shall state—
(a)the place where the information is to be provided or the document is to be produced; and
(b)the time where, or the period within which, the information is to be provided or the document produced.
(3)A person is not required to comply with a notice unless, at the time the notice is given, the investigator warns the person that the person is obliged to comply.
(4)A person is not excused from providing information or producing a document required under this section on the ground that the information or document would tend to incriminate the person.
NoteThe Legislation Act 2001, s 171 deals with the application of client legal privilege.
(5)If a person provides information or produces a document in compliance with a notice—
(a)the information provided or the document produced; and
(b)any other information, document or thing obtained as a direct or indirect consequence of that information or document;
is not admissible in evidence against the person in any criminal proceedings, other than proceedings for an offence in respect of the falsity of the information or document or an offence against section 123.
Retaining and copying documents produced
If a person produces to an investigator a document in compliance with a notice under section 121, the investigator—
(a)may take possession of, and make copies of, the document; and
(b)may retain possession of the document for such period as is necessary to make those copies; and
(c)shall, during that period, comply with any reasonable request by or of behalf of the person who produced the document to inspect and make copies of the document.
Obstructing etc investigator
A person shall not, without reasonable excuse—
(a)obstruct or hinder an investigator in the exercise of his or her powers under this division; or
(b)fail to comply with a requirement under section 118 (4) (c) or a notice under section 121.
Maximum penalty:
(a)for paragraph (a)—50 penalty units, imprisonment for 6 months or both; or
(b)for paragraph (b)—50 penalty units.
Part 8Financial counselling trust fund
Continuation of fund
The financial counselling trust fund is established.
NoteThe Legislation Act, dict, pt 1 defines establish as including continue in existence.
Payments to fund
The following amounts shall be paid to the financial counselling trust fund:
(a)amounts of public money appropriated by an Act for the purposes of the fund;
(b)amounts of civil penalties paid under the Credit Code, section 106;
(c)amounts that a credit provider or finance broker has agreed or undertaken to pay to the fund;
(d)amounts paid to the Territory because of an order under the Credit Act 1985, section 85AA (1);
(e)amounts recovered by enforcing orders under the Credit Act 1985, section 85AA (1) as judgments under section 92, and interest on such amounts;
(f)interest received from the investment of money of the fund.
125APayment into ACAT trust account
Despite section 125, the chief executive may arrange for—
(a)the payment of an amount mentioned in section 125 to the ACAT trust account; or
(b)the transfer of amounts from the financial counselling fund to the ACAT trust account.
NoteThe ACT Civil and Administrative Tribunal Act 2008, s 115C sets out how amounts paid into the ACAT trust account may be used.
Payments from fund
The moneys of the financial counselling trust fund may be applied for any of the following purposes:
(a)consumer credit counselling;
(b)credit and debt management education;
(c)consumer credit research;
(d)consumer credit litigation;
(e)any other credit related activity determined by the Minister.
Bank account
All money received by the financial counselling trust fund shall be paid into a trust bank account maintained under the Financial Management Act 1996, section 51.
Part 8ANotification and review of decisions
Meaning of reviewable decision—pt 8A
In this part:
reviewable decision means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision.
Reviewable decision notices
If a person makes a reviewable decision, the person must give a reviewable decision notice to each entity mentioned in schedule 1, column 4 in relation to the decision.
Note 1The person must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
Note 2The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.
Applications for review
The following may apply to the ACAT for a review of a reviewable decision:
(a)an entity mentioned in schedule 1, column 4 in relation to the decision;
(b)any other person whose interests are affected by the decision.
NoteIf a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used.
Part 9Miscellaneous
Secrecy
(1)This section applies to a person—
(a)who is or has been engaged in the administration of the consumer credit legislation; or
(b)who receives information or a document from the commissioner under that legislation.
(2)Subject to subsection (3), a person to whom this section applies shall not—
(a)make a record of, or directly or indirectly divulge or communicate to a person, information concerning the affairs of another person acquired for the consumer credit legislation; or
(b)produce to a person a document produced for the consumer credit legislation.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(3)Subsection (2) does not prevent a person to whom this section applies from—
(a)divulging or communicating information concerning the affairs of another person with that person’s consent; or
(b)divulging or communicating information, or producing a document, to a court for the purposes of civil or criminal proceedings.
Limitation on prosecution
Despite any other law in force in the ACT, proceedings for an offence against this Act or the Credit Act 1985 may be brought—
(a)within the period of 3 years immediately following the commission of the offence; or
(b)with the consent of the Minister, at any time after the expiration of that period.
Conduct of agents
(1)The conduct of an officer, employee or agent of a credit provider or finance broker acting within his or her actual or ostensible authority will be taken to be the conduct of the credit provider or finance broker.
(2)Subsection (1) does not apply in relation to the prosecution of a credit provider or finance broker that is a corporation.
NoteSee the Criminal Code, pt 2.5 for provisions about corporate criminal responsibility.
Extensions of time
Unless the contrary intention appears, a power of a court or the ACAT, commissioner or registrar to extend a period under this Act or the Credit Act 1985 may be exercised despite the period having elapsed.
Registration—evidence
A certificate purporting to be signed by the commissioner stating that a specified person was or was not, on a specified day or during a specified period, a registered credit provider or a registered finance broker is evidence of the matters so stated.
138AJoint liability
(1)Subject to the consumer credit legislation, if a party to a proceeding is jointly liable with another person, that other person need not be made a party to the proceeding.
(2)If a decision is made against a party to a proceeding (the party) who is jointly liable with another person who is not a party to the proceeding (the non-party)—
(a)the liability of the non-party is not discharged by the decision or any step taken to enforce the decision; and
(b)the party and the non-party are severally but not jointly liable; and
(c)if there are 2 or more non-parties—as between themselves, the non-parties are jointly liable; and
(d)the liability of the non-party is discharged to the extent of any amount paid or recovered under the decision.
(3)Nothing in subsection (2) affects the right of a person to contribution or indemnity in respect of satisfaction by the person of a liability that he or she has jointly, severally or jointly and severally with another person.
Determination of fees
(1)The Minister may, in writing, determine fees for this Act.
NoteThe Legislation Act 2001 contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).
(2)A determination is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
140AApproved forms
(1)The Minister may, in writing, approve forms for this Act.
(2)If the Minister approves a form for a particular purpose, the approved form must be used for that purpose.
NoteFor other provisions about forms, see the Legislation Act, s 255.
(3)An approved form is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act 2001.
Regulation-making power
(1)The Executive may make regulations for this Act.
NoteRegulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
(2)The regulations may also prescribe offences for contraventions of the regulations and prescribe maximum penalties of not more than 10 penalty units for offences against the regulations.
Schedule 1Reviewable decisions
(see pt 8A)
| column 1 item | column 2 section | column 3 decision | column 4 entity |
| 1 | 24AB (2) | suspend credit provider’s registration | credit provider |
| 2 | 24AB (2) | cancel credit provider’s registration | credit provider |
| 3 | 24AB (4) (a) | refuse to remove credit provider’s suspension | credit provider |
| 4 | 24AB (4) (b) | refuse to revoke credit provider’s disqualification | credit provider |
| 5 | 55AB (2) | suspend finance broker’s registration | finance broker |
| 6 | 55AB (2) | cancel finance broker’s registration | finance broker |
| 7 | 55AB (4) (a) | refuse to remove finance broker’s suspension | finance broker |
| 8 | 55AB (4) (b) | refuse to revoke finance broker’s disqualification | finance broker |
Dictionary
(see s 2)
Note 1The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:
· ACAT
· ACT
· bankrupt or personally insolvent
· daily newspaper
· entity
· exercise
· function
· lawyer
· may (see s 146)
· Minister (see s 162)
· must (see s 146)
· occupational discipline order
· person
· reviewable decision notice.
ACAT trust account—see the ACT Civil and Administrative Tribunal Act 2008, dictionary.
commissioner means the commissioner for fair trading.
consumer credit means credit to which the consumer credit legislation applies, and includes arrangements under a consumer lease within the meaning of the Credit Code.
consumer credit legislation means the following legislation:
(a)this Act;
(b)the Consumer Credit Act 1995;
(c)the Consumer Credit (Australian Capital Territory) Code;
(d)the Consumer Credit (Australian Capital Territory) Regulations;
(e)the Credit Act 1985.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act 2001, s 104).
Credit Code means the Consumer Credit (Australian Capital Territory) Code.
credit provider—
(a)for this Act generally—means a credit provider under the consumer credit legislation, and includes a prospective credit provider; and
(b)for division 2.3A (Complaints—credit providers)—see section 18A; and
(c)for division 2.4 (Occupational discipline—credit providers)—see section 19.
debtor means a debtor under the consumer credit legislation, and includes a prospective debtor.
decision includes a determination, judgment or order.
defined influential person, in relation to a credit provider or a finance broker, means—
(a)if the credit provider or finance broker is a body corporate—the secretary or a director of the body; or
(b)in any case—
(i)a person substantially concerned in the direction or management of the credit provider or finance broker; or
(ii)a person able to control, or to substantially influence, the activities or internal affairs of the credit provider or finance broker.
finance broker—
(a)for this Act generally—means a person who (whether or not carrying on any other business) carries on the business of finance broking; and
(b)for division 3.3A (Complaints—finance brokers)—see section 49A; and
(c)for division 3.4 (Occupational discipline—finance brokers)—see section 50.
finance broking means negotiating, or acting as intermediary to obtain, consumer credit for persons other than an employer or principal of the person so negotiating or acting.
financial institution means—
(a)a building society; or
(b)a credit union; or
(c)a body registered under the Cooperatives Act 2002; or
(d)a body registered or incorporated under a law of a State or another Territory corresponding to the Cooperatives Act 2002.
investigator means the commissioner or a person who is authorised by the commissioner under section 117.
premises means any place occupied by—
(a)a credit provider, finance broker, debtor, guarantor, mortgagee or mortgagor under the consumer credit legislation; or
(b)a supplier in relation to—
(i)a trade or tie agreement under the Credit Act 1985; or
(ii)a tied continuing credit contract or tied loan contract under the Credit Code; or
(c)any other person who has, or whom the commissioner believes on reasonable grounds to have, entered into a transaction to which the consumer credit legislation applies.
registered credit provider means a credit provider who is registered under section 12.
registered finance broker means a finance broker who is registered under section 43.
registration means—
(a)in relation to a credit provider—registration under section 12; or
(b)in relation to a finance broker—registration under section 43.
reviewable decision, for part 8A (Notification and review of decisions)—see section 128.
unjust conduct means conduct that—
(a)is dishonest or unfair; or
(b)breaches a contract; or
(c)contravenes the consumer credit legislation.
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired
Legislation history
Consumer Credit (Administration) Act 1996 No 41
notified 2 September 1996 (Gaz 1996 No S223)
s 1, s 2 commenced 2 September 1996 (s 2 (1))
remainder commenced 1 November 1996 (s 2 (2) and Gaz 1996 No S272)as amended by
Legal Practitioners (Consequential Amendments) Act 1997 No 96 sch 1
notified 1 December 1997 (Gaz 1997 No S380)
s 1, s 2 commenced 1 December 1997 (s 2 (1))
sch 1 commenced 1 June 1998 (s 2 (2))Consumer Credit (Administration) (Amendment) Act 1998 No 47
notified 16 November 1998 (Gaz 1998 No S205)
commenced 16 November 1998 (s 2)Statute Law Revision (Penalties) Act 1998 No 54 sch
notified 27 November 1998 (Gaz 1998 No S207)
s 1, s 2 commenced 27 November 1998 (s 2 (1))
sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)Financial Sector Reform (ACT) Act 1999 No 33 sch
notified 25 June 1999 (Gaz 1999 No S34)
s 1, s 2, dict commenced 25 June 1999 (s 2 (1))
sch commenced 1 July 1999 (s 2 (2) and Cwlth Gaz 1999 No S289)Law Reform (Miscellaneous Provisions) Act 1999 No 66 sch 3
notified 10 November 1999 (Gaz 1999 No 45)
commenced 10 November 1999 (s 2)Justice and Community Safety Legislation Amendment Act 2000 No 1 sch
notified 9 March 2000 (Gaz 2000 No 10)
s 1, s 2 commenced 9 March 2000 (s 2 (1))
amdts commenced 9 September 2000 (s 2 (3))Justice and Community Safety Legislation Amendment Act 2000 (No 2) No 2 sch
notified 9 March 2000 (Gaz 2000 No 10)
commenced 9 March 2000 (s 2)
Justice and Community Safety Legislation Amendment Act 2000 (No 3) No 17 sch 1
notified 1 June 2000 (Gaz 2000 No 22)
commenced 1 June 2000 (s 2)
Legislation (Consequential Amendments) Act 2001 No 44 pt 77
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 77 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)Justice and Community Safety Legislation Amendment Act 2001 No 70 sch 1
notified LR 14 September 2001
s 1, s 2 commenced 14 September 2001 (LA s 75)
amdts taken to have commenced 29 May 2001 (s 2 (4))Legislation Amendment Act 2002 No 11 pt 2.10
notified LR 27 May 2002
s 1, s 2 commenced 27 May 2002 (LA s 75)
pt 2.10 commenced 28 May 2002 (s 2 (1))Justice and Community Safety Legislation Amendment Act 2002 No 27 pt 5
notified LR 9 September 2002
s 1, s 2 commenced 9 September 2002 (LA s 75)
pt 5 commenced 10 September 2002 (s 2 (1))Cooperatives Act 2002 No 45 amdt 6.2
notified LR 5 December 2002
s 1, s 2 commenced 5 December 2002 (LA s 75 (1))
amdt 6.2 commenced 5 June 2003 (s 2 and LA s 79)Justice and Community Safety Legislation Amendment Act 2003 A2003-2 pt 3
notified LR 3 March 2003
s 1, s 2 commenced 3 March 2003 (LA s 75 (1))
pt 3 commenced 31 March 2003 (s 2 (2))Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 1 pt 1.6, sch 2 pt 2.21
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))
sch 1 pt 1.6, sch 2 pt 2.21 commenced 9 April 2004 (s 2 (1))Court Procedures (Consequential Amendments) Act 2004 A2004-60 sch 1 pt 1.14
notified LR 2 September 2004
s 1, s 2 commenced 2 September 2004 (LA s 75 (1))sch 1 pt 1.14 commenced 10 January 2005 (s 2 and see Court Procedures Act 2004 A2004-59, s 2 and CN2004-29)
Criminal Code (Administration of Justice Offences) Amendment Act 2005 A2005-53 sch 1 pt 1.4
notified LR 26 October 2005
s 1, s 2 commenced 26 October 2005 (LA s 75 (1))
sch 1 pt 1.4 commenced 23 November 2005 (s 2)Justice and Community Safety Legislation Amendment Act 2006 A2006-40 sch 2 pt 2.11
notified LR 28 September 2006
s 1, s 2 commenced 28 September 2006 (LA s 75 (1))sch 2 pt 2.11 commenced 29 September 2006 (s 2 (1))
Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.23
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))
sch 3 pt 3.23 commenced 12 April 2007 (s 2 (1))Statute Law Amendment Act 2007 (No 2) A2007-16 sch 3 pt 3.6
notified LR 20 June 2007
s 1, s 2 taken to have commenced 12 April 2007 (LA s 75 (2))sch 3 pt 3.6 commenced 11 July 2007 (s 2 (1))
Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.17
notified LR 12 August 2008
s 1, s 2 commenced 12 August 2008 (LA s 75 (1))sch 3 pt 3.17 commenced 26 August 2008 (s 2)
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 A2008-36 sch 1 pt 1.14
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.14 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.24
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.24 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.18
notified LR 1 September 2009
s 1, s 2 commenced 1 September 2009 (LA s 75 (1))sch 3 pt 3.18 commenced 22 September 2009 (s 2)
Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.12
notified LR 26 November 2009
s 1, s 2 commenced 26 November 2009 (LA s 75 (1))sch 3 pt 3.12 commenced 17 December 2009 (s 2)
as repealed by
Justice and Community Safety Legislation Amendment Act 2010 (No 3) A2010-40 s 4 (1)
notified LR 5 October 2010
s 1, s 2 commenced 5 October 2010 (LA s 75 (1))s 4 (1) commenced 6 October 2010 (s 2 (1))
Amendment history
Dictionary
s 2om R2 LRA
ins A2007-3 amdt 3.115
am A2008-36 amdt 1.156
Notes
s 3defs reloc to dict A2007-3 amdt 3.114
sub A2007-3 amdt 3.115
def bank om 1999 No 66 sch 3
def bureau om 1999 No 66 sch 3
def chairperson om 2000 No 2 sch
def credit provider om A2007-3 amdt 3.113
def deputy registrar om 1999 No 66 sch 3
def determined fee om 2001 No 44 amdt 1.807
def director sub 1999 No 66 sch 3
om 2000 No 17 sch 1
def Financial Institutions (ACT) Code om 1999 No 33 sch
def investigating officer om 2000 No 17 sch 1
def legal practitioner om 1997 No 86 sch
def office ins 1999 No 66 sch 3
om 2000 No 17 sch 1
Exemptions
div 2.1 hdg(prev pt 2 div 1 hdg) renum R3 LA
Exemption—banks
s 4sub A2003-2 s 14
Exemption—Ministerial determination
s 6am 2001 No 44 amdt 1.808, amdt 1.809
Provision of consumer credit
div 2.2 hdg(prev pt 2 div 2 hdg) renum R3 LA
Registration of consumer credit providers
div 2.3 hdg(prev pt 2 div 3 hdg) renum R2 LA
Application for registration
s 11am 2000 No 17 sch 1; 2001 No 44 amdts 11.810-1.812; pars renum 2001 No 44 amdt 1.813
Registration
s 12am 2000 No 17 sch 1; 2001 No 44 amdt 1.814, amdt 1.815
Endorsement of names
s 13am 2000 No 17 sch 1
Changed particulars
s 14am 2000 No 17 sch 1
Annual fee and statement
s 16am 2000 No 17 sch 1; 2001 No 44 amdts 1.816-1.820
ss renum R3 LA (see 2001 No 44 amdt 1.821)
Cancellation of registration for failure to pay fee or provide statement
s 17am 2000 No 17 sch 1
Surrender of registration
s 18am 2000 No 17 sch 1; A2008-36 amdt 1.157
Complaints—credit providers
div 2.3A hdg ins A2008-36 amdt 1.158
Meaning of credit provider—div 2.3A
s 18Ains A2003-2 s 15
sub A2008-36 amdt 1.158
Who may complain?
s 18Bins A2008-36 amdt 1.158
Form of complaint
s 18Cins A2008-36 amdt 1.158
Withdrawal of complaints
s 18Dins A2008-36 amdt 1.158
Further information about complaint etc
s 18Eins A2008-36 amdt 1.158
Investigation of complaint
s 18Fins A2008-36 amdt 1.158
No further action on complaint
s 18Gins A2008-36 amdt 1.158
Action after investigating complaint
s 18Hins A2008-36 amdt 1.158
Occupational discipline—credit providers
div 2.4 hdg(prev pt 2 div 4 hdg) renum R3 LA
sub A2008-36 amdt 1.158
Meaning of credit provider—div 2.4
s 19am 2000 No 17 sch 1; A2003-2 s 30; A2007-3 amdt 3.116
sub A2008-36 amdt 1.158
Grounds for occupational discipline
s 20am 2000 No 17 sch 1; A2008-28 amdt 3.60, amdt 3.61
sub A2008-36 amdt 1.158
Application to ACAT for occupational discipline—credit provider
s 21am 2000 No 17 sch 1; A2003-2 s 30
sub A2008-36 amdt 1.158
Orders for occupational discipline
s 22am 2000 No 17 sch 1; A2003-2 s 30
sub A2008-36 amdt 1.158
Credit provider not liable for penalties
s 23am 2000 No 17 sch 1; A2003-2 s 30
sub A2008-36 amdt 1.158
Extension of time for complying with directions
s 24am 2000 No 17 sch 1; A2003-2 s 16, s 17, s 30
sub A2008-36 amdt 1.158
Powers of inquiry
s 24AAins A2008-36 amdt 1.158
Cancellation or suspension for insolvency etc
s 24ABins A2008-36 amdt 1.158
am A2009-49 amdt 3.27
Offences—credit providers
div 2.4A hdg ins A2008-36 amdt 1.158
Offence—comply with orders
s 24ACins A2008-36 amdt 1.158
Offence—return registration to place conditions etc
s 24ADins A2008-36 amdt 1.158
Offence—return suspended or cancelled registration
s 24AEins A2008-36 amdt 1.158
Offence—disqualified credit providers to have no concern in credit businesses
s 24AFins A2008-36 amdt 1.158
General
div 2.5 hdg(prev pt 2 div 5 hdg) renum R3 LA
Civil penalties—credit providers
s 24Ains 1998 No 47
sub A2003-2 s 18
am A2008-36 amdt 1.159, amdt 1.160
Death of registered credit provider
s 25am 2000 No 17 sch 1; A2008-36 amdt 1.161
Register of credit providers
s 26am 2000 No 17 sch 1
Access to register
s 27am 2000 No 17 sch 1; 2001 No 44 amdt 1.822, amdt 1.823
False or misleading statements
s 28om A2004-15 amdt 2.48
Exemption—particular entities
s 29 hdgsub A2003-2 s 19
s 29pars renum R3 LA
am A2003-2 s 19; A2008-28 amdt 3.64
Exemption—finance broking in the course of another business
s 30am A2003-2 s 20
Exemption—Ministerial determination
s 31am 2001 No 44 amdt 1.824, amdt 1.825
Finance broking
div 3.2 hdg(prev pt 3 div 2 hdg) renum R3 LA
Commissions
s 35am 2002 No 27 s 16; A2003-2 s 21
Registration of finance brokers
div 3.3 hdg(prev pt 3 div 3 hdg) renum R3 LA
Application for registration
s 42am 2000 No 17 sch 1; 2001 No 44 amdts 1.826-1.828; paragraphs renum 2001 No 44 amdt 1.829
Registration
s 43am 2000 No 17 sch 1; 2001 No 44 amdt 1.830, amdt 1.831
Endorsement of names
s 44am 2000 No 17 sch 1
Changed particulars
s 45am 2000 No 17 sch 1
Annual fee and statement
s 47am 2000 No 17 sch 1; 2001 No 44 amdts 1.832-1.836
ss renum R3 LA (see 2001 No 44 amdt 1.837)
Cancellation of registration for failure to pay fee or provide statement
s 48am 2000 No 17 sch 1
Surrender of registration
s 49am 2000 No 17 sch 1; A2008-36 amdt 1.162
Complaints—finance brokers
div 3.3A hdg ins A2008-36 amdt 1.163
Meaning of finance broker—div 3.3A
s 49Ains A2003-2 s 22
sub A2008-36 amdt 1.163
Who may complain?
s 49Bins A2008-36 amdt 1.163
Form of complaint
s 49Cins A2008-36 amdt 1.163
Withdrawal of complaints
s 49Dins A2008-36 amdt 1.163
Further information about complaint etc
s 49Eins A2008-36 amdt 1.163
Investigation of complaint
s 49Fins A2008-36 amdt 1.163
No further action on complaint
s 49Gins A2008-36 amdt 1.163
Action after investigating complaint
s 49Hins A2008-36 amdt 1.163
Occupational discipline—finance brokers
div 3.4 hdg(prev pt 3 div 4 hdg) renum R3 LA
sub A2008-36 amdt 1.163
Meaning of finance broker—div 3.4
s 50am 2000 No 17 sch 1; A2003-2 s 31; A2007-3 amdt 3.116
sub A2008-36 amdt 1.163
Grounds for occupational discipline
s 51am 2000 No 17 sch 1; A2008-28 amdt 3.62
sub A2008-36 amdt 1.163
Application to ACAT for occupational discipline—finance brokers
s 52am 2000 No 17 sch 1; A2003-2 s 31
sub A2008-36 amdt 1.163
Orders for occupational discipline
s 53am 2000 No 17 sch 1; A2003-2 s 31
sub A2008-36 amdt 1.163
Finance broker not liable for penalties
s 54am 2000 No 17 sch 1; A2003-2 s 31
sub A2008-36 amdt 1.163
Extension of time for complying with directions
s 55am 2000 No 17 sch 1; A2003-2 s 23, s 24, s 31
sub A2008-36 amdt 1.163
Powers of inquiry
s 55AAins A2008-36 amdt 1.163
Cancellation or suspension for insolvency etc
s 55ABins A2008-36 amdt 1.163
am A2009-49 amdt 3.28
Offences—finance brokers
div 3.4A hdg ins A2008-36 amdt 1.163
Offence—comply with orders
s 55ACins A2008-36 amdt 1.163
Offence—return registration for conditions
s 55ADins A2008-36 amdt 1.163
Offence—return suspended or cancelled registration
s 55AEins A2008-36 amdt 1.163
Offence—disqualified finance brokers
s 55AFins A2008-36 amdt 1.163
General
div 3.5 hdg(prev pt 3 div 5 hdg) renum R3 LA
Civil penalties—finance brokers
s 55Ains 1998 No 47
sub A2003-2 s 25
am A2008-36 amdt 1.164, amdt 1.165
Death of registered finance broker
s 56am 2000 No 17 sch 1; A2008-36 amdt 1.166
Register of finance brokers
s 57am 2000 No 17 sch 1
Access to register
s 58am 2000 No 17 sch 1; 2001 No 44 amdt 1.838, amdt 1.839
Credit tribunal
pt 4 hdgom A2008-36 amdt 1.168
Establishment and functions
div 4.1 hdg(prev pt 4 div 1 hdg) renum R3 LA
sub A2007-3 amdt 3.117
om A2008-36 amdt 1.168
Establishment of tribunal
s 60sub A2007-3 amdt 3.117
om A2008-36 amdt 1.168
Functions of tribunal
s 61am 2000 No 2 sch
sub A2007-3 amdt 3.117
om A2008-36 amdt 1.168
Tribunal members
div 4.2 hdg(prev pt 4 div 2 hdg) sub 2000 No 2 sch
renum R3 LA
om A2008-36 amdt 1.168
Membership of tribunal
s 62sub 2000 No 2 sch
am A2007-3 amdt 3.118
om A2008-36 amdt 1.168
Presidential members
s 63sub 2000 No 2 sch
om A2008-36 amdt 1.168
Non-presidential members
s 64sub 2000 No 2 sch
om A2008-36 amdt 1.168
Terms of appointment generally
s 65sub 2000 No 2 sch
om A2008-36 amdt 1.168
Matters to be included in instrument of appointment etc
s 66sub 2000 No 2 sch
am A2007-3 amdt 3.119; pars renum R15 LA
om A2008-36 amdt 1.168
Duration of appointment
s 67sub 2000 No 2 sch
am A2007-3 amdt 3.120
om A2008-36 amdt 1.168
Acting members
s 68om 2000 No 2 sch
Registrar and deputy registrars
div 4.3 hdg(prev pt 4 div 4 hdg) sub 1999 No 66 sch 3
renum R3 LA
om A2008-36 amdt 1.168
Registrar and deputy registrars
s 69sub 1999 No 66 sch 3
am A2007-3 amdt 3.121
om A2008-36 amdt 1.168
Deputy registrar
s 70om 1999 No 66 sch 3
Constitution of tribunal
s 71sub 2000 No 2 sch
om A2008-36 amdt 1.168
Role of president
s 72sub 2000 No 2 sch
om A2008-36 amdt 1.168
Presiding member
s 73sub 2000 No 2 sch
om A2008-36 amdt 1.168
Procedure
s 74om A2008-36 amdt 1.168
Directions by presidential member
s 75sub 2000 No 2 sch
om A2008-36 amdt 1.168
Assistance from commissioner
s 76am 2000 No 2 sch; 2000 No 17 sch 1
om A2008-36 amdt 1.168
Deciding questions
s 77sub 2000 No 2 sch
om A2008-36 amdt 1.168
Referral of questions of law to Supreme Court
s 78am 2000 No 2 sch
sub A2004-60 amdt 1.80
om A2008-36 amdt 1.168
Joint liability
s 79reloc and renum as s 138A
Legal personal representatives
s 80om A2008-36 amdt 1.168
Adding parties
s 81am 2000 No 2 sch
om A2008-36 amdt 1.168
Notice of proceeding
s 82sub 2000 No 2 sch
om A2008-36 amdt 1.168
Appearance and representation
s 83am A2008-28 amdt 3.64
om A2008-36 amdt 1.168
Failure to appear
s 84om A2008-36 amdt 1.168
Hearings
s 85om A2008-36 amdt 1.168
Witness subpoenas
s 86am 2000 No 2 sch
sub A2005-53 amdt 1.25
(8), (9) exp 23 November 2006 (s 86 (9))
om A2008-36 amdt 1.168
Power to require witness to take oath etc
s 87am 1998 No 54 sch
sub 2000 No 2 sch; A2005-53 amdt 1.25
om A2008-36 amdt 1.168
Inspection and retention of documents and things
s 88om A2008-36 amdt 1.168
Adjournments and stays
s 89om A2008-36 amdt 1.168
Dismissal of proceedings
s 90om A2008-36 amdt 1.168
Costs
s 91om A2008-36 amdt 1.168
Orders for payment of money
s 92om A2008-36 amdt 1.168
Reasons for decisions of tribunal
s 93om A2008-36 amdt 1.168
Appeals to Supreme Court
div 4.5 hdg(prev pt 4 div 5 hdg) renum R3 LA
sub A2004-60 amdt 1.81
om A2008-36 amdt 1.168
Appeals from tribunal to Supreme Court
s 94sub A2004-60 amdt 1.81
(5), (6) exp 10 January 2006 (s 94 (6))
sub A2006-40 amdt 2.85
om A2008-36 amdt 1.168
Appeals from Magistrates Court decisions
s 95sub A2004-60 amdt 1.81
om A2008-36 amdt 1.168
Jurisdiction of Supreme Court
s 96om A2004-60 amdt 1.81
General
div 4.6 hdg(prev pt 4 div 6 hdg) renum R3 LA
om A2008-36 amdt 1.168
Application of Criminal Code, ch 7
s 97sub A2005-53 amdt 1.26
om A2008-36 amdt 1.168
Protection of members etc
s 98am A2008-28 amdt 3.64
om A2008-36 amdt 1.168
Inquiries
pt 5 hdgsub A2008-36 amdt 1.168
Meaning of inquirer—pt 5
s 99om 2000 No 1 sch
ins A2008-36 amdt 1.168
Executive may order inquiry
s 100 hdgam 2000 No 2 sch
s 100am 2000 No 2 sch; 2001 No 44 amdt 1.840, amdt 1.841
sub A2008-36 amdt 1.168
am A2009-20 amdt 3.45
Notice of inquiry
s 101sub 2001 No 44 amdt 1.842; A2008-36 amdt 1.168
am A2009-20 amdt 3.45
Application of Inquiries Act 1991
s 102am 2000 No 2 sch
sub A2008-36 amdt 1.168
Findings and recommendations
s 103om A2005-53 amdt 1.27
ins A2008-36 amdt 1.168
Findings and recommendations
s 104om A2008-36 amdt 1.168
Undertakings
s 105am 2000 No 17 sch 1; A2008-36 amdts 1.169-1.171
Registration of undertakings
s 106am 2000 No 17 sch 1; A2008-36 amdt 1.172
Orders by ACAT
s 107am 2000 No 17 sch 1
sub A2008-36 amdt 1.173
Role of commissioner
pt 7 hdgsub 2000 No 17 sch 1
Functions generally
div 7.1 hdg(prev pt 7 div 1 hdg) renum R3 LA
sub A2007-3 amdt 3.122
Functions
s 109am 2000 No 2 sch; 2000 No 17 sch 1; A2007-3 amdt 3.123; A2008-36 amdt 1.174
Powers
s 110am 2000 No 17 sch 1
om A2007-3 amdt 3.124
Functions in relation to proceedings
div 7.2 hdg(prev pt 7 div 2 hdg) renum R3 LA
Representing other people before ACAT
s 111am 2000 No 17 sch 1; A2008-28 amdt 3.64
sub A2008-36 amdt 1.175
Taking or defending proceedings for other people
s 112am 2000 No 17 sch 1
sub A2008-36 amdt 1.175
Conduct of proceedings so taken or defended
s 113am 2000 No 17 sch 1; A2008-28 amdt 3.64; A2008-36 amdt 1.176
Intervention by Minister or commissioner
s 114am 2000 No 17 sch 1; A2008-28 amdt 3.64
sub A2008-36 amdt 1.177
Presumption that Minister has consented
s 115am 2000 No 17 sch 1
Investigation of certain applications to ACAT
s 116am 2000 No 2 sch; 2000 No 17 sch 1
sub A2008-36 amdt 1.178
Powers in relation to investigations
div 7.3 hdg(prev pt 7 div 3 hdg) renum R3 LA
Investigators
s 117sub 2000 No 17 sch 1; A2007-3 amdt 3.125
Powers of entry and inspection
s 118am 2000 No 17 sch 1; 2001 No 70 amdt 1.2
Consent to entry
s 119am 2000 No 17 sch 1
Search warrants
s 120am 2000 No 17 sch 1
Power to obtain information or documents
s 121am 1998 No 47; 2000 No 17 sch 1; 2002 No 11 amdt 2.18, amdt 2.19
Retaining and copying documents produced
s 122am 2000 No 17 sch 1; 2001 No 70 amdt 1.3
Obstructing etc investigator
s 123am 2000 No 17 sch 1
Continuation of fund
s 124sub A2007-3 amdt 3.126
Payment into ACAT trust account
s 125Ains A2008-37 amdt 1.94
Notification and review of decisions
pt 8A hdgins A2008-36 amdt 1.179
Meaning of reviewable decision—pt 8A
s 128am 2000 No 17 sch 1; paragraphs renum R3 LA; A2003-2 s 26, s 27
om A2008-36 amdt 1.180
ins A2008-36 amdt 1.179
Reviewable decision notices
s 129am 2000 No 17 sch 1; paragraphs renum R3 LA; A2003-2 s 28, s 29
om A2008-36 amdt 1.180
ins A2008-36 amdt 1.179
Applications for review
s 130am 2000 No 17 sch 1
om A2008-36 amdt 1.180
ins A2008-36 amdt 1.179
Review by credit tribunal
div 9.1 hdg(prev pt 9 div 1 hdg) renum R3 LA
om A2008-36 amdt 1.180
Application for review
s 131am 2000 No 17 sch 1
om A2008-36 amdt 1.180
Review by tribunal
s 132am 2000 No 17 sch 1
om A2008-36 amdt 1.180
Operation and implementation of decision to be reviewed
s 133om 2000 No 2 sch
General
div 9.2 hdg(prev pt 9 div 2 hdg) renum R3 LA
om A2008-36 amdt 1.181
Secrecy
s 134am 2000 No 17 sch 1
Conduct of agents
s 136am A2004-15 amdt 1.6, amdt 1.7
Extensions of time
s 137am 2000 No 17 sch 1; A2008-36 amdt 1.182
Registration—evidence
s 138am 2000 No 17 sch 1
Joint liability
s 138A(prev s 79) reloc and renum as s 138A A2008-36 amdt 1.167
Compliance with approved forms
s 139om 2000 No 2 sch
Determination of fees
s 140am 2000 No 1 sch
sub 2001 No 44 amdt 1.843
Approved forms
s 140Ains 2001 No 44 amdt 1.843
am A2007-3 amdt 3.127
Regulation-making power
s 141sub 2000 No 2 sch; 2001 No 44 amdt 1.843
Transitional provisions about tribunal members
s 142ins 2000 No 2 sch
exp 9 June 2000 (s 142 (5))
Existing complaints and investigations etc
s 143ins 2000 No 17 sch 1
exp 29 May 2002 (s 144 (1))
Expiry of s 143 and this section
s 144ins 2000 No 17 sch 1
sub 2001 No 70 amdt 1.4
exp 29 May 2002 (s 144 (1))
Reviewable decisions
sch 1ins A2008-36 amdt 1.183
Dictionary
dictins A2007-3 amdt 3.128
am A2008-28 amdt 3.63; A2008-36 amdt 1.184; A2009-20 amdt 3.46; A2009-49 amdt 3.29
def ACAT trust account ins A2008-37 amdt 1.95
def commissioner ins 2000 No 17 sch 1
reloc from s 3 A2007-3 amdt 3.114
def consumer credit reloc from s 3 A2007-3 amdt 3.114
def consumer credit legislation sub 2001 No 44 amdt 1.806
reloc from s 3 A2007-3 amdt 3.114
def consumer member ins 2000 No 2 sch
reloc from s 3 A2007-3 amdt 3.114
om A2008-36 amdt 1.185
def Credit Code reloc from s 3 A2007-3 amdt 3.114
def credit provider ins A2007-3 amdt 3.128
sub A2007-16 amdt 3.20
am A2008-36 amdt 1.186
def debtor reloc from s 3 A2007-3 amdt 3.114
def decision reloc from s 3 A2007-3 amdt 3.114
def defined influential person reloc from s 3 A2007-3 amdt 3.114
def deputy president ins 2000 No 2 sch
reloc from s 3 A2007-3 amdt 3.114
om A2008-36 amdt 1.187
def finance broker reloc from s 3 A2007-3 amdt 3.114
also ins A2007-3 amdt 3.128
sub A2007-16 amdt 3.21
am A2008-36 amdt 1.188
def finance broking reloc from s 3 A2007-3 amdt 3.114
def financial institution am 1999 No 33 sch; A2002-45 amdt 6.2
reloc from s 3 A2007-3 amdt 3.114
def industry member ins 2000 No 17 sch 1
reloc from s 3 A2007-3 amdt 3.114
om A2008-36 amdt 1.189
def investigator ins 2000 No 17 sch 1
reloc from s 3 A2007-3 amdt 3.114
def member ins 2000 No 2 sch
reloc from s 3 A2007-3 amdt 3.114
om A2008-36 amdt 1.189
def non-presidential member ins 2000 No 2 sch
reloc from s 3 A2007-3 amdt 3.114
om A2008-36 amdt 1.189
def premises am 2000 No 17 sch 1
reloc from s 3 A2007-3 amdt 3.114
def president ins 2000 No 2 sch
reloc from s 3 A2007-3 amdt 3.114
om A2008-36 amdt 1.189
def presidential member ins 2000 No 2 sch
reloc from s 3 A2007-3 amdt 3.114
om A2008-36 amdt 1.189
def proceeding reloc from s 3 A2007-3 amdt 3.114
om A2008-36 amdt 1.189
def registered credit provider reloc from s 3 A2007-3 amdt 3.114
def registered finance broker reloc from s 3 A2007-3 amdt 3.114
def registrar sub 1999 No 66 sch 3
reloc from s 3 A2007-3 amdt 3.114
om A2008-36 amdt 1.189
def registration reloc from s 3 A2007-3 amdt 3.114
def reviewable decision ins A2008-36 amdt 1.190
def tribunal sub 1999 No 66 sch 3
reloc from s 3 A2007-3 amdt 3.114
om A2008-36 amdt 1.191
def unjust conduct reloc from s 3 A2007-3 amdt 3.114
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No
Amendments to
Republication date
1 Act 1998 No 54 28 February 1999 2 Act 2000 No 17 15 December 2000 3 Act 2001 No 70 26 February 2002 4 Act 2002 No 11 29 May 2002 5 Act 2002 No 11 30 May 2002 6 Act 2002 No 27 10 September 2002 7 A2003-2 31 March 2003 8* A2003-2 5 June 2003 9 A2004-15 9 April 2004 10 A2004-60 10 January 2005 11 A2005-53 23 November 2005 12 A2005-53 11 January 2006 13 A2006-40 29 September 2006 14 A2006-40 24 November 2006 15 A2007-3 12 April 2007 16 A2007-16 11 July 2007 17 A2008-28 26 August 2008 18* A2008-37 2 February 2009 19 A2009-20 22 September 2009 20 A2009-49 17 December 2009
© Australian Capital Territory 2010
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