Consumer Credit (Western Australia) Amendment Act 2003 (WA)

Western Australia

Consumer Credit (Western Australia)

Amendment Act 2003

Western Australia

Consumer Credit (Western Australia)

Amendment Act 2003

CONTENTS

1.	Short title	2
2.	Commencement	3
3.	The Act amended	3
4.	Long title replaced	3
5.	Section 3 amended	3
6.	Part 2 replaced	4
Part 2 — *Consumer Credit (Western Australia) Code*

and Consumer Credit (Western Australia)

Code Regulations

5. Application in Western Australia of the

Consumer Credit Code

6. Application of uniform regulations under

the Consumer Credit Code

6A.

Interpretation of certain expressions in the

Consumer Credit (Western Australia)

Code and the Consumer Credit (Western

Australia) Code Regulations

6B.

Minister to give Queensland Bills and

regulations to the Clerk of each House of

Parliament

7.	Sections 7 and 8 amended	7
8.	Heading to Part 4 replaced	8
Part 4 — Miscellaneous
9.	Section 9 repealed	8
10.	Section 10 replaced and repeal of regulations	8

10.

General regulation making power

11.

Section 11 amended

Consumer Credit (Western Australia) Amendment Act 2003

Contents

12.	Section 12 amended	9
13.	Part 5 replaced	10
Part 5 — Amendment of the Consumer Credit Code

13.

Amendment of the Consumer Credit Code

14.	The Appendix repealed	11
15.	Savings and transitional provisions	11
16.	Consequential amendment to the Credit
(Administration) Act 1984	13

Western Australia

Consumer Credit (Western Australia)

Amendment Act 2003

No. 43 of 2003

An Act to amend the Consumer Credit (Western Australia) Act 1996, to amend the Credit (Administration) Act 1984 consequentially, to repeal the Consumer Credit (Western Australia) Regulations 1996, and for related purposes.

[Assented to 30 June 2003]

The Parliament of Western Australia enacts as follows:

Consumer Credit (Western Australia) Amendment Act 2003

s. 1

1. Short title

This Act may be cited as the Consumer Credit (Western

Australia) Amendment Act 2003.

Consumer Credit (Western Australia) Amendment Act 2003

s. 2

2. Commencement

This Act comes into operation on a day fixed by proclamation.

3. The Act amended

The amendments in this Act, except section 16, are to the

Consumer Credit (Western Australia) Act 1996*.

[* Reprinted as at 6 September 2002.]

4. Long title replaced

The long title is deleted and the following long title is inserted

instead —

“

An Act to make provision for a uniform legislative scheme to regulate the provision of consumer credit, to make special provision in certain cases, and for related purposes.

”.

5. Section 3 amended

Section 3(1) is repealed and the following subsection is inserted

instead —

“

(1)	In this Act —
“*Consumer Credit (Queensland) Act 1994*” means the

Consumer Credit (Queensland) Act 1994 of

Queensland;

“Consumer Credit (Western Australia) Code” means

the provisions applying because of section 5(1) of this Act, as amended under section 5(2) of this Act (if there are such amendments);

“Consumer Credit (Western Australia) Code

Regulations” means the provisions applying because of section 6(1) of this Act, as amended

Consumer Credit (Western Australia) Amendment Act 2003

s. 6

under section 6(2) of this Act (if there are such

amendments).

(1a)	If this Act uses an expression that is given a meaning in the Consumer Credit (Western Australia) Code, the expression has the meaning so given unless the contrary intention appears.

”.

6. Part 2 replaced

Part 2 is repealed and the following Part is inserted instead —

“

Part 2 — Consumer Credit (Western Australia) Code and Consumer Credit (Western Australia)

Code Regulations

5. Application in Western Australia of the Consumer Credit Code

(1)	The Consumer Credit Code set out in the Appendix to the Consumer Credit (Queensland) Act 1994 as in force on the commencement of section 6 of the Consumer Credit (Western Australia) Amendment Act 2003 applies, as if amended as set out in Part 5 of this Act, as a law of Western Australia.
(2)	If the Consumer Credit Code set out in the Appendix to the Consumer Credit (Queensland) Act 1994 is amended, the Governor may amend the Consumer Credit (Western Australia) Code by order published in the Gazette.
(3)	An order cannot be made under subsection (2) unless a draft of the order has first been approved by each House of Parliament.
*Consumer Credit (Western Australia) Amendment Act 2003*

s. 6

(4)	The provisions applying because of subsection (1), as amended under subsection (2) (if there are such amendments), may be cited as the Consumer Credit (Western Australia) Code.

6. Application of uniform regulations under the Consumer Credit Code

(1)	The regulations in force under Part 4 of the Consumer Credit (Queensland) Act 1994 on the commencement of section 6 of the Consumer Credit (Western
Australia) Amendment Act 2003 apply, as if amended as set out in regulations made for the purposes of this section, as regulations in force for the purposes of the Consumer Credit (Western Australia) Code.
(2)	If the regulations in force under Part 4 of the Consumer Credit (Queensland) Act 1994 are amended, the Governor may amend the Consumer Credit (Western Australia) Code Regulations by order published in the Gazette.
(3)	An order may not be made under subsection (2) unless a draft of the order has first been approved by each House of Parliament.
(4)	The provisions applying because of subsection (1), as amended under subsection (2) (if there are such amendments), may be cited as the Consumer Credit (Western Australia) Code Regulations.
(5)	Schedule 2 to the Consumer Credit (Western Australia) Code applies in relation to the Consumer Credit (Western Australia) Code Regulations.

Consumer Credit (Western Australia) Amendment Act 2003

s. 6

6A.

Interpretation of certain expressions in the

Consumer Credit (Western Australia) Code and the

Consumer Credit (Western Australia) Code

Regulations

(1)	Unless the contrary intention appears, in the Consumer Credit (Western Australia) Code and the Consumer Credit (Western Australia) Code Regulations —

(a)	a reference to “the Legislature of this jurisdiction” is to be read as a reference to the Parliament of Western Australia;
(b)	a reference to “the Code” or “this Code” is to be read as a reference to the Consumer Credit (Western Australia) Code; and
(c)	a reference to “the jurisdiction” or “this jurisdiction” is to be read as a reference to Western Australia.

(2)	The Acts Interpretation Act 1954, and other Acts, of Queensland do not apply to, or in relation to, the Consumer Credit (Western Australia) Code or the Consumer Credit (Western Australia) Code Regulations.

6B.

Minister to give Queensland Bills and regulations to

the Clerk of each House of Parliament

(1)	Within 7 days of the Minister becoming aware of —

(a)	the introduction into the Legislative Assembly of Queensland of a Bill to amend the Consumer Credit Code set out in the Appendix to the Consumer Credit (Queensland) Act 1994; or
(b)	the notification in the Queensland Government Gazette of regulations to amend the regulations in force under Part 4 of the Consumer Credit

(Queensland) Act 1994,

Consumer Credit (Western Australia) Amendment Act 2003

s. 7

the Minister is to give a copy of the Bill or regulations

to the Clerk of each House of Parliament.

(2)	The Minister is to use his or her best endeavours to comply with subsection (1) but a failure to do so does not affect the validity of any other action under this Part.
(3)	The Clerk of each House of Parliament is to give a copy of the Bill or regulations to the committee or committees of the Parliament whose terms of reference
cover uniform legislation (that is, legislation that gives effect to an intergovernmental agreement or that is part of a uniform system of laws throughout the
Commonwealth).
(4)	A copy of the Bill or regulations given to the Clerk of a House is to be regarded as having been laid before that House.
(5)	The laying of a copy of the Bill or regulations that is to be regarded as having occurred under subsection (4) is to be recorded in the Minutes, or Votes and
Proceedings, of the House on the first sitting day of the House after the Clerk received the copy.

”.

7. Sections 7 and 8 amended

Sections 7(1) and 8(1) are amended by deleting “Consumer

Credit (Western Australia) Regulations” and inserting

instead —

“ Consumer Credit (Western Australia) Code Regulations ”.

Consumer Credit (Western Australia) Amendment Act 2003

s. 8

8. Heading to Part 4 replaced

The heading to Part 4 is deleted and the following heading is

inserted instead —

“

Part 4 — Miscellaneous

”.

9. Section 9 repealed

Section 9 is repealed.

10. Section 10 replaced and repeal of regulations

(1)	Section 10 is repealed and the following section is inserted instead —

“

10. General regulation making power

The Governor may make regulations prescribing all

matters that are required or permitted by this Act to be

prescribed, or are necessary or convenient to be

prescribed for giving effect to the purposes of this Act.

”.

(2)	The Consumer Credit (Western Australia) Regulations 1996 in force under section 10 of the Consumer Credit (Western Australia) Act 1996 (as in force before the commencement of this Act) are repealed.

11. Section 11 amended

(1)	Section 11(1) is deleted and the following subsection is inserted instead —

“

(1)	The regulations may make provision of a savings or transitional nature consequent on —

(a)	the enactment or amendment of this Act;

Consumer Credit (Western Australia) Amendment Act 2003

s. 12

(b)	the enactment of an Act of Queensland amending the Consumer Credit Code set out in the Appendix to the Consumer Credit (Queensland) Act 1994.

”.

Note: The heading to section 11 will be deleted and the following inserted “Specific savings and transitional regulations for Western Australia”.

(2)

Section 11(2) is amended by deleting “Code” and inserting

instead —

“ Consumer Credit (Western Australia) Code ”.

(3)

Section 11(4) is deleted and the following subsection is inserted

instead —

“

(4)	A regulation made under this section may, if the regulation so provides, take effect from the day of commencement of the Act concerned or from a later day.

”.

12. Section 12 amended

Section 12(1), (2), (3) and (4) are amended by deleting “Code”

in each place where it occurs and inserting instead —

“ Consumer Credit (Western Australia) Code ”.

Consumer Credit (Western Australia) Amendment Act 2003

s. 13

13. Part 5 replaced

Part 5 is repealed and the following Part is inserted instead —

“

Part 5 — Amendment of the Consumer

Credit Code

13. Amendment of the Consumer Credit Code

For the purposes of section 5(a), the Consumer Credit Code set out in the Appendix to the Consumer Credit (Queensland) Act 1994 applies as if the provisions

listed in the Table to this section were amended as set

out in the Table.

Table

Provision of the	Amendment
Code

Section 53(1)

Delete paragraph (a) and “or” after it, insert

instead —

“

(a)

withdraw from the

guarantee unless the debtor

has —

(i)	ceased to be entitled to terminate the credit contract under section 19; or

(ii) entered into another

contract in reliance on

the availability of

credit under the credit

contract;

”.

Consumer Credit (Western Australia) Amendment Act 2003

s. 14

Provision of the	Amendment
Code

Section 66

After section 66(1) insert —

“

(1a) The Government

Consumer Agency

may, if requested in

writing by a debtor,

assist a debtor in

applying for a change

in the terms of a credit

contract under

subsection (1) and in

any negotiations with

the credit provider

relating to the change.

”.

Section 101(2)

Delete “anywhere in Australia” and “or a

corresponding law of another jurisdiction”.

Section 108(2)

Delete “for the purposes of this Code in

relation to the contraventions occurring in

this jurisdiction”.

”.

14. The Appendix repealed

The Appendix is repealed.

15. Savings and transitional provisions

(1)

The repeal of the Appendix to the Consumer Credit (Western

Australia) Act 1996 by section 14 of this Act and the application

of the Consumer Credit Code set out in the Appendix to the

Consumer Credit (Queensland) Act 1994 by section 5 of the

Consumer Credit (Western Australia) Act 1996 (as in force after

the commencement of this Act) is taken to be the repeal and

Consumer Credit (Western Australia) Amendment Act 2003

s. 15

re-enactment of an enactment for the purposes of section 36 of

the Interpretation Act 1984.

(2)	The repeal of the Consumer Credit (Western Australia) Regulations 1996 by section 10(2) of this Act and the application of the regulations in force under Part 4 of the Consumer Credit (Queensland) Act 1994 by section 6 of the Consumer Credit (Western Australia) Act 1996 (as in force after the commencement of this Act) is taken to be the repeal and re-enactment of an enactment for the purposes of section 36 of the Interpretation Act 1984.
(3)	The enactment of section 6A of the Consumer Credit (Western Australia) Act 1996 is not, by implication, to have any effect on the interpretation of the former Consumer Credit (Western
Australia) Code or the former Consumer Credit (Western Australia) Regulations.
(4)	In this section —
“*Consumer Credit (Queensland) Act 1994*” means the

Consumer Credit (Queensland) Act 1994 of Queensland;

“former Consumer Credit (Western Australia) Code” means the Consumer Credit (Western Australia) Code within the meaning of the Consumer Credit (Western Australia)

Act 1996 as in force before the commencement of this Act;

“former Consumer Credit (Western Australia) Regulations”

means the Consumer Credit (Western Australia)

Regulations within the meaning of the Consumer Credit

(Western Australia) Act 1996 as in force before the

commencement of this Act.

Consumer Credit (Western Australia) Amendment Act 2003

s. 16

16. Consequential amendment to the Credit (Administration) Act 1984

(1)

The amendment in this section is to the Credit (Administration)

Act 1984*.

[* Reprinted as at 5 May 2000.

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 84.]

(2)	Section 4 is amended in the definition of “Code” by deleting “set out in the Appendix to the Consumer Credit (Western Australia) Act 1996 ”.