Credit Act 1984 (WA)

Western Australia

Western Australia

Credit Act 1984

An Act relating to the provision of credit.

This Act may be cited as the Credit Act 1984.

The provisions of this Act shall come into operation on such day or days as is or are respectively fixed by proclamation.

• (1)

  Except as otherwise expressly provided in or under this Act, this Act applies (notwithstanding anything to the contrary in any other Act or law) to and in respect of a contract of sale, credit contract or mortgage — 

  • (a)

    if the contract of sale, credit contract or mortgage is in writing and is signed in Western Australia by the buyer, debtor or mortgagor; or

  • (b)

    where the contract of sale, credit contract or mortgage is not in writing or is in writing but is not signed by the buyer, debtor or mortgagor in Western Australia or in a recognised State — 

    • (i)

      in the case of a contract of sale, if the goods or services are, or are to be, delivered or supplied in Western Australia; or

    • (ii)

      in the case of a credit contract if the credit is, or is to be, provided to the debtor in Western Australia or the debtor has, or is to have, the use or benefit of the credit in Western Australia; or

    • (iii)

      in the case of a mortgage, if property subject to the mortgage is at the date of creation of the mortgage situated in Western Australia.

• (2)

  Subject to subsection (3), a provision of this Act that relates to a contract of sale, credit contract, mortgage or contract for the hiring of goods, does not apply to or in relation to a contract of sale, credit contract, mortgage or contract for the hiring of goods, as the case may be, made before the commencement of the provision.

• (3)

  This Act (except sections 58, 59 and 67(1)(c) and Parts II, VII, VIII and IX) applies to and in relation to a continuing credit contract made before the commencement of Part III that, if it had been made after that commencement, would have been a continuing credit contract to which that Part applies but nothing in this Act applies to or in relation to a billing cycle that commenced before the commencement of that Part.

• (4)

  Where, by reason of subsection (3), this Act (except sections 58, 59 and 67(1)(c) and Parts II, VII, VIII and IX) applies to and in relation to a continuing credit contract, the credit provider shall, when he first gives a statement of account referred to in section 61 after the commencement of Part III, give to the debtor a statement in accordance with section 58 and a notice stating the matters required to be stated in a notice under section 59.

Penalty: $1 000.

• (1)

  Except…