Consumer Credit Amendment Regulation (No. 2) 1999 (WA)

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1 October 19991 GOVERNMENT GAZETTE, WA 4725

JUSTICE

,JM301*

Consumer Credit (Western Australia) Act 1996

Consumer Credit Amendment

Regulation (No. 2) 1999

Made by the Governor in Executive Council.

1.            Citation

These regulations may be cited as the Consumer Credit
Amendment Regulation (No. 2) 1999.

2.            Commencement

These regulations come into operation on 1 October 1999.

following things before the contract for the provision of

3.            Section 6D inserted

After section 6C of the Consumer Credit Regulation 1996* the following section is inserted —

44  

6D. Student loans — exemption from certain provisions
of Code
(1) The Code, other than sections 56(1) and 70 to 74, does
not apply to the provision of credit by a higher
educational institution, or by an association of students
of the institution, to a student of the institution on the
grounds of hardship or of an emergency.
(2) However, subsection (1) only applies if the institution
or association gives the debtor and any guarantor the
4726 GOVERNMENT GAZETTE, WA [1 October 1999

credit is entered into by the debtor or the guarantee is

signed by the guarantor —

(a)

a statement of the costs of the provision of credit, which must include any fees or charges payable and the interest rate applicable and may include other information; and

(b)

a copy of the terms and conditions of the contract for the provision of credit.

(3) In this section —

"association of students", of a higher educational

institution, means a union, guild or other

association of students —

(a) of the institution; or

(b)

of the institution and of other higher educational institutions;

"higher educational institution" means an institution

within the meaning of the Higher Education

Funding Act 1988 (Cwlth), section 4.

Note — This exclusion is made under section 7(10) of the Code.

[* Published in Gazette 18 October 1996, pp. 5525-5600.
For amendments to 31 August 1999 see 1998 Index to
Legislation of Western Australia, Table 4, pp. 51-2, and

Gazette 14 May 1999.]

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.

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