Consumer Credit (Western Australia) Code Regulations Amendment Order (No. 3) 2006 (WA)

10 October 2006 GOVERNMENT GAZETTE, WA 4387

CE301*

Consumer Credit (Western Australia) Act 1996

Consumer Credit (Western Australia) Code Regulations Amendment Order (No. 3) 2006

Made by the Lieutenant-Governor and deputy of the Governor in
Executive Council under section 6 of the Act.

1.            Citation

This order is the Consumer Credit (Western Australia) Code
Regulations Amendment Order (No. 3) 2006.

2.            The regulations amended

The amendment in this order is to the Consumer Credit
(Western Australia) Code Regulations*.

r The regulations in force under Part 4 of the Consumer Credit

ACN 108 952 085;

(Queensland) Act 1994 on 9 July 2003 as applied, and
amended under, section 6 of the Consumer Credit (Western
Australia) Act 1996. For amendments to 26 July 2006 see
Western Australian Legislation Information Tables for 2005,
Table 4, p. 66 and Gazette 13 June 2006.]

3.            Section 6J inserted

Before section 7 the following section is inserted

44  

6J.	Charge card contracts — exemption of certain contracts from Code
(1)	The Code does not apply to the provision of credit under a charge card contract made available by one of the following credit providers —

(a) American Express Australia Limited

4388 GOVERNMENT GAZETTE, WA 10 October 2006

(b)	American Express International Inc. ARBN 000 618 208;
(c)	Diners Club Pty Limited ACN 004 343 051;
(d)	Motorcharge Ltd ACN 008 962 132.

Examples —

• american express platinum card

• diners club personal card

• motorcharge card

(2) In subsection (1) —

"charge card contract" means a credit contract under

which —

(a)	credit is ordinarily obtained by the use of a card; and
(b)	multiple advances of credit are contemplated; and
(c)	the provision of an advance of credit is limited to a total period of not more than 62 days; and
(d)	monthly or other periodic statements of account are provided to the debtor; and
(e)	liquidated damages or charges for late payment are payable by the debtor if the debtor does not repay an advance of credit mentioned in a monthly or other periodic statement of account within a stated period.

Note: A draft of this order (as the Consumer Credit (Western Australia) Code
Regulations Amendment Order 2006) was approved by the Legislative
Assembly on 27 June 2006 (see Hansard p. 4333-4) and by the

Legislative Council on 4 May 2006 (see Hansard p. 2166)

By Command of the Lieutenant-Governor and

deputy of the Governor,

G. M. PIKE, Clerk of the Executive Council.