Credit (Administration) Act 1984 (Vic)

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Version No. 057

Credit (Administration) Act 1984

No. 10091 of 1984

Version incorporating amendments as at


1 March 2019

TABLE OF PROVISIONS

Section  Page

Part I—Preliminary

1Short title

2Commencement

3Credit Act 1984 and Consumer Credit (Victoria) Act 1995 to be read as one with this Act

4Definitions

5Definitions in Credit Act 1984

6Reference to credit

7Business of providing credit

8Credit sale contracts and loan contracts deemed to be regulated contracts

9Application of Act to assignors and assignees

Part 2—The Director

10ADefinition

11Functions of Director

12Powers of Director

13Powers of the Director in relation to proceedings on behalf of consumers

14Proceedings and costs

15Secrecy

16Annual report

Part 3—Inspection powers

17Definitions

18Production of identity card

19Accounts and other documents available for inspection

20Specified persons to produce documents and answer questions

21Third parties to produce documents and answer questions relating to specified business

22Ministers, police and public authorities to produce information to inspectors

23Certain other specified persons or bodies to produce information

24Powers on production of documents

25Order requiring supply of information and answers to questions

26Entry or search with consent

27Entry without consent or warrant

28Search warrants

29Announcement before entry

30Details of warrant to be given to occupier

31Seizure of things not mentioned in the warrant

32Embargo notice

33Copies of seized documents

34Retention and return of seized documents or things

35Magistrates' Court may extend 3 month period

36Requirement to assist inspector during entry

37Refusal or failure to comply with requirement

38Protection against self-incrimination

39Offence to give false or misleading information

40Application of provisions relating to inspections

41Service of documents

42Confidentiality

Part 6—Miscellaneous

86Giving of notices etc.

89CProtection for things done under the Credit Acts

89DPayments from Consolidated Fund

90General penalty

91Proceedings

92Offences by bodies corporate

93Other rights not excluded

94Minister may make certain grants

95Regulations

96Immunity against civil liability—Credit (Administration) (Amendment) Act 1993

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 057

Credit (Administration) Act 1984

No. 10091 of 1984

Version incorporating amendments as at


1 March 2019

An Act relating to the Administration of the Credit Act 1984, to make Provision for the Licensing of certain Persons, for Tribunals and for other matters and for other purposes.

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

Part I—Preliminary

1Short title

This Act may be cited as the Credit (Administration) Act 1984.

2Commencement

The several provisions of this Act shall come into operation on a day or on the respective days to be fixed by proclamation or successive proclamations of the Governor in Council published in the Government Gazette.

3Credit Act 1984 and Consumer Credit (Victoria) Act 1995 to be read as one with this Act

The Credit Act 1984 and the Consumer Credit (Victoria) Act 1995 shall be read as one with this Act.

4Definitions

In this Act, unless the contrary intention appears—

Authority means the Business Licensing Authority established under the Business Licensing Authority Act 1998;

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Consumer Act has the same meaning as it has in the Australian Consumer Law and Fair Trading Act 2012;

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Director means the Director within the meaning of the Australian Consumer Law and Fair Trading Act 2012;

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inspector means an inspector appointed under the Australian Consumer Law and Fair Trading Act 2012;

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occupier in relation to a premises, means a person who appears to be of or over 16 years of age and who appears to be in control of the premises;

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prescribed means prescribed by this Act or the Regulations;

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Registrar means the Registrar of the Authority appointed under the Business Licensing Authority Act 1998;

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Tribunal means Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998.

5Definitions in Credit Act 1984

Expressions used in this Act, unless the contrary intention appears, have the same respective meanings as in the Credit Act 1984.

6Reference to credit

For the purposes of this Act in relation to the Credit Act 1984, a reference to credit in relation to a loan contract does not include a reference to credit provided under a credit sale contract or a continuing credit contract.

7Business of providing credit

In this Act, a reference to carrying on a business of providing credit includes a reference to carrying on the provision of credit in the course of or as part of or as incidental to or in connection with the carrying on of another business.

8Credit sale contracts and loan contracts deemed to be regulated contracts

Where it is alleged in any proceeding under this Act or in any other proceeding in respect of a matter arising under this Act that—

(a)a credit sale contract or a loan contract is a credit sale contract or loan contract to which Part III of the Credit Act 1984 applies; or

(b)a continuing credit contract is a continuing credit contract to which Part III of that Act applies—

it shall be presumed, unless the contrary is established, that Part III of that Act applies to the credit sale contract or loan contract or that Part III of that Act applies to the continuing credit contract.

9Application of Act to assignors and assignees

(1)This Act applies to a person to whom the rights and obligations of a credit provider under a credit contract to which the Credit Act 1984 applies have been assigned or transferred or have passed by operation of law in the same manner as this Act applies to the person by whom the rights were assigned or transferred or from whom the rights and obligations have passed by operation of law.

(2)Nothing in subsection (1) operates to confer any rights under this Act on an assignee of a credit provider where the assignment is in contravention of this Act or the Credit Act 1984.

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Part 2—The Director

10ADefinition

In this Part—

Credit Acts means the Credit Act 1984 and the Consumer Credit (Victoria) Act 1995.

11Functions of Director

For the purposes of this Act and the Credit Acts, the Director—

(a)shall receive and investigate complaints from and give advice to natural persons in relation to matters to which this Act or the Credit Acts applies;

(b)shall keep under review the operation of this Act and the Credit Acts and from time to time report to the Minister on the operation of this Act and the Credit Acts;

(c)shall confer and exchange information with persons having functions similar to his own under the law of another State or of a Territory; and

(d)may take proceedings for an offence against this Act or the Credit Acts.

12Powers of Director

Subject to this Act and the Credit Acts, the Director has power to do all things necessary or convenient to be done for or in connection with the performance of his or her functions.

13Powers of the Director in relation to proceedings on behalf of consumers

(1)The Director may, subject to this section, institute or continue proceedings on behalf of, or defend proceedings brought against, a person or persons in respect of any consumer credit matter.

(2)The Director must not, under subsection (1), institute or continue or defend proceedings unless the Director is satisfied—

(a)that the person or persons have a good cause of action or a good defence to an action relating to the consumer credit matter; and

(b)that the person or each of the persons is a debtor, mortgagor or guarantor, or a lessee under a consumer lease, within the meaning of the Consumer Credit (Victoria) Code (as in force before the repeal of Part 2 of the Consumer Credit (Victoria) Act 1995); and

(c)that it is in the public interest to institute, continue or defend proceedings on behalf of the person or persons.

(3)The Director must not, under subsection (1), institute, continue or defend proceedings on behalf of a person or persons unless—

(a)the person has or the persons have given consent in writing; or

(b)in the case of group proceedings or representative proceedings, the representative party has given consent.

(4)After consent has been given under subsection (3), the Director may institute or continue proceedings or defend proceedings on behalf of a person or persons even if the person or any of the persons revokes the consent.

(5)In this section—

consumer credit matter means any matter in respect of which proceedings may be brought under the Consumer Credit (Victoria) Code (as in force before the repeal of Part 2 of the Consumer Credit (Victoria) Act 1995) or Division 5 of Part 4A of the Consumer Credit (Victoria) Act 1995 (as in force before the repeal of that Division);

proceedings includes group proceedings and representative proceedings.

14Proceedings and costs

(1)If the Director institutes, continues or defends proceedings on behalf of a person under section 13—

(a)the Director may settle the proceedings either with or without obtaining judgment in the proceedings; and

(b)if a judgment is obtained in the proceedings in favour of the person, the Director may take such steps as are necessary to enforce the judgment; and

(c)subject to subsections (2) and (3), an amount (other than an amount in respect of costs) recovered by the Director in respect of the person in the proceedings is payable to the person; and

(d)an amount in respect of costs recovered in the proceedings is payable to the Director; and

(e)subject to subsection (2), the person is liable to pay an amount (not being an amount of costs) awarded against the person in the proceedings; and

(f)the Director is liable to pay the costs of or incidental to the proceedings that are payable by the person.

(2)If the Director institutes, continues or defends proceedings on behalf of a person after the person revokes the consent to the institution, defence or continuation of the proceedings—

(a)the Director must compensate the person for—

(i)any loss suffered as the result of the loss of any settlement offer made to the person; and

(ii)out-of-pocket expenses incurred by the person during the proceedings after the revocation of consent; and

(b)the Director is liable to pay any amount awarded against the person in the proceedings.

(3)If the Director institutes, continues or defends proceedings on behalf of a person after the person revokes the consent to the institution, continuation or defence of the proceedings, any amount recovered by the Director in respect of the person in the proceedings (including any amount for costs) that exceeds the amount payable to the person under subsection (2) may be applied to the payment of the costs of, and incidental to, the proceedings for which the Director is liable or that are incurred by the Director in relation to the proceedings.

(4)If, in proceedings instituted, continued or defended on behalf of a person under section 13—

(a)a party to the proceedings files a counterclaim; or

(b)the person is entitled to file a counterclaim—

and the counterclaim is not or would not be related to the proceedings and to the interests of the person in the dispute, the Director may apply to the court or the Tribunal hearing the proceedings for an order that the counterclaim not be heard in the course of those proceedings.

(5)If the court or the Tribunal makes an order under subsection (4), the court or the Tribunal may make any ancillary or consequential provisions that it thinks just.

15Secrecy

(1)This section applies to every person who is or has been the Director or a member of the staff assisting the Director but does not apply to an inspector.

(2)Subject to this section, a person to whom this section applies shall not, either directly or indirectly, except in legal proceedings or in the performance of a duty under or in connexion with this Act, the Credit Acts or the Credit (Commonwealth Powers) Act 2010, make a record of, or divulge or communicate to any person, any information concerning the affairs of any person acquired by him by reason of his office or employment under or for the purposes of this Act, the Credit Acts or the Credit (Commonwealth Powers) Act 2010.

Penalty:5 penalty units.

16Annual report

(1)The Director shall within six months after each year ending on 30th day of June submit to the Minister a report on the working of this Act and the Credit Acts during that year and his recommendation (if any) in relation to amendments of or additions to this Act or the Credit Acts that he considers necessary or desirable particularly in relation to the scope of this Act or the Credit Acts or monetary limit or annual percentage rate applied in this Act or the Credit Acts and on such other matters as the Minister directs.

(2)The first report under subsection (1) shall relate to the period commencing on the date of commencement of this section and ending on the 30th day of June next following.

(3)The Minister shall cause a report under subsection (1) to be laid before both Houses of Parliament within three weeks after it is received or, if Parliament is not then sitting, within three weeks after the next assembling of Parliament.

Part 3—Inspection powers

17Definitions

(1)In this Part—

Credit Acts means this Act, the Credit Act 1984, the Consumer Credit (Victoria) Act 1995 and the Consumer Credit (Victoria) Code (as in force before the repeal of Part 2 of the Consumer Credit (Victoria) Act 1995);

financial institution means—

(a)an authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth; or

(b)a body approved by the Governor in Council by order published in the Government Gazette;

relevant credit provider means a person who makes or has made a relevant provision of credit.

(2)In this Act a reference to a relevant provision of credit is a reference to—

(a)a provision of credit under a contract that is regulated by the Credit Act 1984 or that is a contract to which section 39 or 40 of the Consumer Credit (Victoria) Act 1995 applies; or

(b)provision of credit, before the repeal of the Consumer Credit (Victoria) Code, under a contract that was regulated by the Consumer Credit (Victoria) Code (as in force before its repeal); or

(c)engaging in finance broking before the repeal of Division 1 of Part 4A of the Consumer Credit (Victoria) Act 1995, being finance broking within the meaning of that Part (as in force before its repeal).

18Production of identity card

An inspector must produce his or her identity card for inspection—

(a)before exercising a power under this Part other than a requirement made by post; and

(b)at any time during the exercise of a power under this Part, if asked to do so.

Penalty:10 penalty units.

19Accounts and other documents available for inspection

(1)A relevant credit provider or finance broker must at all reasonable times at each office at which that relevant credit provider or finance broker carries on or has carried on the business of making relevant provisions of credit keep all documents relating to the business carried on at that office available for inspection by an inspector in a form in which they can be readily and expeditiously inspected by an inspector.

Penalty:10 penalty units.

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20Specified persons to produce documents and answer questions

(1)For the purpose of monitoring compliance with the Credit Acts or the regulations under those Acts as to a relevant provision of credit, an inspector may require a relevant credit provider or a finance broker or a specified person at a time and place specified by the inspector—

(a)to answer orally or in writing any questions put by the inspector relating to the credit provider's business as a credit provider or the finance broker's business as a finance broker;

(b)to supply orally or in writing information required by the inspector relating to that business;

(c)to produce to the inspector specified documents or documents of a specified class relating to that business.

(2)In this section specified person means—

(a)in relation to the business of a relevant credit provider—

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(ii)a person who is a director or officer of a corporation which is a relevant credit provider; or

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(b)in relation to the business of a finance broker—

(i)a person who is a director or officer of a corporation which is a finance broker; or

(ii)a person who is an executor, administrator or trustee (including a trustee company within the meaning of the Trustee Companies Act 1984) of the estate of a deceased finance broker who is carrying on the business of the finance broker.

21Third parties to produce documents and answer questions relating to specified business

For the purpose of monitoring compliance with the Credit Acts or the regulations under those Acts, an inspector may require any person who has possession, custody or control of documents relating to a relevant credit provider's business as a credit provider or a finance broker's business as a finance broker—

(a)to answer orally or in writing any questions put by the inspector relating to the relevant credit provider's business as a credit provider or the finance broker's business as a finance broker;

(b)to supply orally or in writing information required by the inspector relating to that business;

(c)to produce to the inspector specified documents or documents of a specified class relating to that business.

22Ministers, police and public authorities to produce information to inspectors

(1)For the purpose of monitoring compliance with the Credit Acts or the regulations under those Acts, the Director or an inspector may request a specified public body within a time specified by the Director or inspector—

(a)to answer orally or in writing any questions put by the inspector relating to a relevant credit provider's business as a credit provider or a finance broker's business as a finance broker;

(b)to supply orally or in writing information required by the inspector relating to that business.

(2)An inspector can only make a request under subsection (1) with the written consent of the Director.

(3)A specified public body must comply with a request under subsection (1).

(4)In this section specified public body means—

(a)a Minister; or

(b)a public statutory authority; or

(c)a municipal council; or

(d)the Chief Commissioner of Police.

23Certain other specified persons or bodies to produce information

(1)For the purpose of monitoring compliance with the Credit Acts or the regulations under those Acts, the Director or an inspector may require a specified person or body within a time specified by the Director or inspector—

(a)to answer orally or in writing any questions put by the inspector relating to a relevant credit provider's business as a credit provider or a finance broker's business as a finance broker;

(b)to supply orally or in writing information required by the inspector relating to that business.

(2)An inspector can only make a requirement under subsection (1) with the written consent of the Director.

(3)In this section specified person or body means—

(a)a person who is a publisher of a publication; or

(b)a person who is the owner or operator of a broadcasting service; or

(c)a person who is the owner or operator of a telecommunications service; or

(d)a person who is the owner or operator of a postal service; or

(e)a financial institution.

24Powers on production of documents

(1)If any documents are produced to an inspector under section 20 or 21, the inspector may—

(a)inspect the documents or authorise a person to inspect the documents;

(b)make copies of or take extracts from the documents;

(c)seize the documents if the inspector considers the documents necessary for the purpose of obtaining evidence for the purpose of any proceedings under the Credit Acts or the regulations under those Acts;

(d)seize the documents if the inspector—

(i)considers the documents necessary for the purpose of obtaining evidence for the purpose of any proceedings under any Consumer Act; and

(ii)believes on reasonable grounds, that it is necessary to seize the documents in order to prevent their concealment, loss or destruction or their use in the contravention of any Consumer Act;

(e)secure any seized documents against interference;

(f)retain possession of the documents in accordance with this Part.

(2)An inspector must not require a person to produce a document at a place other than the person's place of business or an office of the Director without the consent of the person.

25Order requiring supply of information and answers to questions

(1)For the purpose of monitoring compliance with the Credit Acts or the regulations under those Acts, an inspector, with the written approval of the Director, may apply to the Magistrates' Court for an order requiring any person at a time and place specified by an inspector—

(a)to answer orally or in writing any questions put by an inspector relating to a relevant credit provider's business as a credit provider or a finance broker's business as a finance broker; or

(b)to supply orally or in writing information required by an inspector in relation to a relevant credit provider's business as a credit provider or a finance broker's business as a finance broker.

(2)If the Magistrates' Court is satisfied on the basis of evidence presented by the Director that the order is necessary for the purpose of monitoring compliance with the Credit Acts or the regulations under those Acts, the Court may grant the order sought.

(3)An order under this section must state a day, not later than 28 days after the making of the order, on which the order ceases to have effect.

(4)An inspector who executes an order under this section must, as soon as practicable after that execution, notify the Magistrates' Court in writing of the time and place of execution of the order.

26Entry or search with consent

(1)For the purpose of monitoring compliance with the Credit Acts or the regulations under those Acts, an inspector, with the consent of the occupier of the premises, may—

(a)enter and search any premises;

(b)seize anything found on the premises which the inspector believes on reasonable grounds to be connected with a contravention of the Credit Acts or the regulations under those Acts;

(c)examine and take and keep samples of any goods found on the premises which the inspector believes on reasonable grounds to be connected with a contravention of the Credit Acts or the regulations under those Acts;

(d)inspect and make copies of, or take extracts from, any document found on the premises.

(2)An inspector must not enter and search any premises with the consent of the occupier unless, before the occupier consents to that entry, the inspector has—

(a)produced his or her identity card for inspection; and

(b)informed the occupier—

(i)of the purpose of the search; and

(ii)that the occupier may refuse to give consent to the entry and search or to the seizure of anything found during the search; and

(iii)that the occupier may refuse to consent to the taking of any sample of goods or any copy or extract from a document found on the premises during the search; and

(iv)that anything seized or taken during the search with the consent of the occupier may be used in evidence in proceedings.

(3)If an occupier consents to an entry and search, the inspector who requested consent must before entering the premises ask the occupier to sign an acknowledgment stating—

(a)that the occupier has been informed of the purpose of the search and that anything seized or taken in the search with the consent of the occupier may be used in evidence in proceedings; and

(b)that the occupier has been informed that he or she may refuse to give consent to the entry and search or to the seizure of anything or to the taking of any sample, copy or extract; and

(c)that the occupier has consented to such an entry and search; and

(d)the date and time that the occupier consented.

(4)If an occupier consents to the seizure or taking of any thing during a search under this section, the inspector must before seizing or taking the thing ask the occupier to sign an acknowledgment stating—

(a)that the occupier has consented to the seizure or taking of the thing; and

(b)the date and time that the occupier consented.

(5)An occupier who signs an acknowledgment must be given a copy of the signed acknowledgment before the inspector leaves the premises.

(6)If, in any proceeding, an acknowledgment is not produced to the court or a tribunal, it must be presumed, until the contrary is proved, that the occupier did not consent to the entry and search or to the seizure or taking of the thing.

27Entry without consent or warrant

(1)For the purpose of monitoring compliance with the Credit Acts or regulations under those Acts or an order made by a court or tribunal under a Credit Act or regulations made under a Credit Act, an inspector may, subject to subsection (2)—

(a)enter and search any premises at which the inspector believes, on reasonable grounds—

(i)a person is conducting business or supplying goods or services; or

(ii)a person is keeping a record or document that is required to be kept by a Credit Act or regulations made under a Credit Act or that may show whether or not the Act or regulations are being complied with;

(b)examine anything found on the premises;

(c)take and keep samples of anything found on the premises if the inspector believes, on reasonable grounds, that it is connected with a contravention of a Credit Act or regulations made under a Credit Act;

(d)seize anything found on the premises or secure anything found on the premises against interference, if the inspector believes, on reasonable grounds, that it is connected with a contravention of a Credit Act or regulations made under a Credit Act;

(e)examine and test any equipment found on the premises that is of a kind used in connection with the supply of goods or services;

(f)in the case of any document on the premises, do all or any of the following—

(i)require the document to be produced for examination;

(ii)examine, make copies or take extracts from the document, or arrange for the making of copies or the taking of extracts to be done on the premises or elsewhere;

(iii)remove the document for so long as is reasonably necessary to make copies or take extracts from the document;

(g)make any still or moving image or audio-visual recording;

(h)bring any equipment onto the premises that the inspector believes, on reasonable grounds, is necessary for the examination or processing of things (including documents) found at the premises in order to determine whether they are things that may be seized under this section.

(2)An inspector—

(a)must not exercise a power under subsection (1) in any part of the premises that is used for residential purposes; and

(b)must not exercise a power under subsection (1), except between the hours of 9 a.m. to 5 p.m., or when the premises are open for business.

(3)If an inspector exercises a power of entry under this section without the owner or occupier being present the inspector must, on leaving the premises, leave a notice setting out—

(a)the time of entry; and

(b)the purpose of entry; and

(c)a description of things done while on the premises; and

(d)the time of departure; and

(e)the procedure for contacting the Director for further details of the entry.

28Search warrants

(1)An inspector, with the written approval of the Director, may apply to a magistrate for the issue of a search warrant in relation to particular premises for the purpose of monitoring compliance with the Credit Acts or the regulations under those Acts.

(2)If a magistrate is satisfied by the evidence, on oath or by affirmation or by affidavit, of the inspector that the warrant is necessary for the purpose of monitoring compliance with the Credit Acts or the regulations under those Acts, the magistrate may issue a search warrant, in accordance with the Magistrates' Court Act 1989, authorising an inspector named in the warrant, together with any other person or persons named or otherwise identified in the warrant and with any necessary equipment—

(a)to enter the premises specified in the warrant, if necessary by force; and

(b)to do all or any of the following—

(i)search for;

(ii)seize;

(iii)secure against interference;

(iv)examine and inspect;

(v)make copies of or take extracts from—

a thing or things of a particular kind named or described in the warrant and which the inspector believes, on reasonable grounds, to be connected with a contravention of the Credit Acts or the regulations under those Acts.

(3)A search warrant issued under this section must state—

(a)the purpose for which the search is required; and

(b)any conditions to which the warrant is subject; and

(c)whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night; and

(d)a day, not later than 28 days after the issue of the warrant, on which the warrant ceases to have effect.

(4)Except as provided by this Act, the rules to be observed with respect to search warrants under the Magistrates' Court Act 1989 extend and apply to warrants under this section.

29Announcement before entry

(1)On executing a search warrant, the inspector executing the warrant—

(a)must announce that he or she is authorised by the warrant to enter the premises; and

(b)if the inspector has been unable to obtain unforced entry, must give any person at the premises an opportunity to allow entry to the premises.

(2)An inspector need not comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure—

(a)the safety of any person; or

(b)that the effective execution of the search warrant is not frustrated.

30Details of warrant to be given to occupier

(1)If the occupier is present at premises where a search warrant is being executed, the inspector must—

(a)identify himself or herself to the occupier; and

(b)give to the occupier a copy of the warrant.

(2)If the occupier is not present at premises where a search warrant is being executed, the inspector must—

(a)identify himself or herself to a person (if any) at the premises; and

(b)give to the person a copy of the warrant.

31Seizure of things not mentioned in the warrant

A search warrant under section 28 authorises an inspector executing the search warrant, in addition to the seizure of any thing of the kind described in the warrant, to seize or take a sample of any thing which is not of the kind described in the warrant if—

(a)the inspector believes, on reasonable grounds, that the thing—

(i)is of a kind which could have been included in a search warrant issued under this Part; or

(ii)will afford evidence about the contravention of any Consumer Act; and

(b)in the case of seizure, the inspector believes, on reasonable grounds, that it is necessary to seize that thing in order to prevent its concealment, loss or destruction or its use in the contravention of the Credit Acts or any other Consumer Act.

32Embargo notice

(1)An inspector executing a search warrant who is authorised by that warrant to seize any thing may, if the thing cannot, or cannot readily, be physically seized and removed, issue an embargo notice in the prescribed form—

(a)by causing a copy of the notice to be served on the occupier; or

(b)if the occupier cannot be located after all reasonable steps have been taken to do so, by affixing a copy of the notice to the thing in a prominent position.

(2)A person who knows that an embargo notice relates to a thing and who—

(a)sells; or

(b)leases; or

(c)without the written consent of the inspector who issued the embargo notice, moves; or

(d)transfers; or

(e)otherwise deals with—

the thing or any part of the thing is guilty of an offence and liable to a penalty not exceeding 10 penalty units.

(3)It is a defence to a prosecution for an offence against subsection (2) to prove that the accused moved the thing or the part of the thing for the purpose of protecting and preserving it.

(4)Despite anything in any other Act, a sale, lease, transfer or other dealing with a thing in contravention of this section is void.

33Copies of seized documents

(1)If an inspector retains possession of a document taken or seized from a person under this Part, the inspector must give the person, within 21 days of the seizure, a copy of the document certified as correct by the inspector.

(2)A copy of a document certified under subsection (1) shall be received in all courts and tribunals to be evidence of equal validity to the original.

34Retention and return of seized documents or things

(1)If an inspector seizes a document or other thing under this Part, the inspector must take reasonable steps to return the document or thing to the person from whom it was seized if the reason for its seizure no longer exists.

(2)If the document or thing seized has not been returned within 3 months after it was seized, the inspector must take reasonable steps to return it unless—

(a)proceedings for the purpose for which the document or thing was retained have commenced within that 3 month period and those proceedings (including any appeal) have not been completed; or

(b)the Magistrates' Court makes an order under section 35 extending the period during which the document or thing may be retained.

35Magistrates' Court may extend 3 month period

(1)An inspector may apply to the Magistrates' Court within 3 months after seizing a document or other thing under this Part for an extension of the period for which the inspector may retain the document or thing.

(2)The Magistrates' Court may order such an extension if it is satisfied that retention of the document or other thing is necessary—

(a)for the purposes of an investigation into whether a contravention of the Credit Acts or the regulations under those Acts has occurred; or

(b)to enable evidence of a contravention of the Credit Acts or the regulations under those Acts to be obtained for the purposes of a proceeding under any of those Acts.

(3)The Magistrates' Court may adjourn an application to enable notice of the application to be given to any person.

36Requirement to assist inspector during entry

To the extent that it is reasonably necessary to determine compliance with the Credit Acts or the regulations under those Acts, an inspector exercising a power of entry under this Part who produces his or her identity card for inspection by the occupier of the premises or an agent or employee of the occupier may require that person—

(a)to give information to the inspector, orally or in writing; and

(b)to produce documents to the inspector; and

(c)to give reasonable assistance to the inspector.

37Refusal or failure to comply with requirement

A person must not refuse or fail, without reasonable excuse, to comply with a requirement of the Director or an inspector under this Part.

Penalty:10 penalty units.

38Protection against self-incrimination

(1)It is a reasonable excuse for a natural person to refuse or fail to give information or do any other thing that the person is required to do by or under this Part, if the giving of the information or the doing of that other thing would tend to incriminate the person.

(2)Despite subsection (1), it is not a reasonable excuse for a natural person to refuse or fail to produce a document that the person is required to produce by or under this Part, if the production of the document would tend to incriminate the person.

39Offence to give false or misleading information

A person must not—

(a)give information to an inspector under this Part that the person believes to be false or misleading in any material particular; or

(b)produce a document to an inspector under this Part that the person knows to be false or misleading in a material particular without indicating the respect in which it is false or misleading and, if practicable, providing correct information.

Penalty:10 penalty units.

40Application of provisions relating to inspections

Sections 144, 152, 172, 173, 176, 178 and 179 of the Australian Consumer Law and Fair Trading Act 2012 apply (with any necessary modifications) in relation to the exercise or attempted exercise of a power of an inspector under this Part as if any reference in those sections to Part 10 of that Act were a reference to this Part.

41Service of documents

(1)A written requirement by an inspector under this Part may be given personally or by registered post to a person—

(a)at the last known place of business, employment or residence of the person; or

(b)in the case of a body corporate, at the registered office of the body corporate.

(2)A person who provides a document or information in response to a requirement of an inspector under this Part may send that document or information to the Director by registered post.

42Confidentiality

(1)An inspector must not, except to the extent necessary to carry out the inspector's functions under this Part, give to any other person, whether directly or indirectly, any information acquired by the inspector in carrying out those functions.

Penalty:10 penalty units.

(2)Subsection (1) does not apply to the giving of information—

(a)to a court or tribunal in the course of legal proceedings; or

(b)pursuant to an order of a court or tribunal; or

(c)to the extent reasonably required to enable the investigation or the enforcement of a law of this State or of any other State or Territory or of the Commonwealth; or

(ca)to an agency of the Commonwealth, the extent reasonably required to bring into operation the National Consumer Credit Protection Act 2009 of the Commonwealth and the National Consumer Credit Protection (Transitional and Consequential Provisions) Act 2009 of the Commonwealth; or

(d)to the Business Licensing Authority established under the Business Licensing Authority Act 1998; or

(e)with the written authority of the Director; or

(f)with the written authority of the person to whom the information relates.

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Part 6—Miscellaneous

86Giving of notices etc.

(1)Where, under this Act, a document or notice is required or permitted to be given to or served on a person, the document or notice may be given or served—

(a)where the person is a natural person, by giving it to or serving it personally on the person or by sending it by post to the person at his usual or last known place of abode or business; or

(b)where the person is a body corporate, by leaving it at or sending it by post to the registered office of the body corporate.

(2)In subsection (1), registered office means—

(a)the office of the body corporate that is the registered office or principal office in accordance with the law of the State or Territory by or under which the body corporate is incorporated;

(b)where the body corporate is not incorporated in Australia, an office registered under the law of a State or Territory as a registered office of the body corporate; or

(c)in the case of a body corporate that has no such registered office or principal office, the principal place of business of the body corporate in Victoria, or, if it has no place of business in Victoria, its principal place of business in Australia.

(3)Where the rights and obligations of a person under this Act have been assigned or have passed by operation of law to another person, a document or notice given to or served on the first-mentioned person at his usual or last known place of abode or of business shall be deemed to have been given to or served on the second-mentioned person unless the person giving or serving the document or notice had before he gave or served the document or notice been given notice in writing that the rights and obligations of the first-mentioned person had been assigned or had so passed to the second-mentioned person.

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89CProtection for things done under the Credit Acts

(1)An action does not lie against an applicant, a registered credit provider or any other person on account of any information provided to the Authority, any publication made or anything done under the authority of this Act or the Credit Act 1984 or the Consumer Credit (Victoria) Act 1995 or taken, made or done in good faith purportedly under the authority of this Act or the Credit Act 1984 or the Consumer Credit (Victoria) Act 1995 or on account of any omission made in good faith in the administration of this Act or the Credit Act 1984 or the Consumer Credit (Victoria) Act 1995.

(2)Subsection (1) does not apply to anything done or omitted to be done in the performance of a duty by a public statutory authority, a member of a public statutory authority or any person employed in the service of the Crown.

89DPayments from Consolidated Fund

If the Registrar or the principal registrar of the Tribunal is authorised or becomes liable to pay amounts in accordance with this Act, the Credit Act 1984 or the regulations or the Consumer Credit (Victoria) Act 1995, those amounts must be paid from the Consolidated Fund which is to the necessary extent appropriated accordingly.

90General penalty

(1)A person who contravenes or fails to comply with the provisions of this Act is guilty of an offence.

(2)A person who is guilty of an offence under this Act for which a specific penalty is not prescribed by a provision of this Act other than this subsection, is liable to a penalty not exceeding 10 penalty units.

91Proceedings

Notwithstanding anything in any Act, proceedings for an offence against this Act may be brought within a period of three years after the commission of the alleged offence or, with the consent of the Director of Public Prosecutions, at any later time.

92Offences by bodies corporate

Where a body corporate is guilty of an offence against this Act any officer of the body corporate who was knowingly a party to the commission of the offence is also guilty of that offence and liable to the penalty for that offence.

93Other rights not excluded

Except as expressly provided in this Act, nothing in this Act excludes, modifies or restricts a right or remedy that a person would have had if this Act had not been enacted.

94Minister may make certain grants

The Minister may, out of moneys appropriated for that purpose by Parliament, make grants from time to time to such persons or bodies as the Minister thinks fit whose functions include any of the following functions—

(a)providing information about the rights and obligations of persons under this Act;

(b)providing information about the operation of this Act;

(c)providing advice to debtors and mortgagors under this Act in relation to regulated contracts or regulated mortgages.

95Regulations

(1)The Governor in Council may make regulations for or with respect to prescribing any matter or thing authorized or required to be prescribed for the purposes of this Act and in particular for or with respect to—

(a)prescribing the manner in which and the persons by whom and the directions or requirements in accordance with which forms prescribed for the purposes of this Act or any of them shall or may be signed, prepared or completed and generally regarding the signing, preparation and completion of such forms or any of them;

(aa)prescribing forms for the purposes of this Act;

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(i)subject to any directions of the Treasurer of Victoria, authorizing the principal registrar of the Tribunal or the Registrar—

(i)to waive or reduce, in a particular case or classes of cases, fees that would otherwise be payable pursuant to this Act or the regulations or the Credit Act 1984 or regulations under that Act; or

(ii)to refund in whole or in part, in a particular case or classes of cases, fees paid pursuant to this Act or the regulations or the Credit Act 1984 or regulations under that Act;

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(k)prescribing penalties not exceeding 1 penalty unit for a breach of the regulations.

(2)Where, under this Act, a fee is authorized or required to be prescribed, the regulations may prescribe the manner in which the fee is to be determined including in the case of a registration fee, the fixing of the fee by reference to the number of places at which the credit provider carries on business himself or by an agent and may, for the purposes of prescribing registration fees, prescribe the circumstances under which a credit provider carries on, or is to be deemed to carry on, business by an agent.

(3)Except as otherwise expressly provided by this Act, the regulations may be of general or of specially limited application and may differ according to differences in time, place or circumstance.

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96Immunity against civil liability—Credit (Administration) (Amendment) Act 1993

Despite the repeal of the Credit (Administration) (Amendment) Act 1993 by the Statute Law Revision Act 2013, section 17 of that 1993 Act continues to apply as if that 1993 Act had not been repealed.[1]

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Endnotes

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Credit (Administration) Act 1984 was assented to on 22 May 1984 and came into operation as follows:

Sections 1–9, Part 3 (sections 17–36), sections 86–92, 95 on 6 December 1984: Government Gazette 5 December 1984 page 4263; rest of Act on 28 February 1985: Government Gazette 19 December 1984 page 4483.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•    Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•    Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•    Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•    Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•    Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•    Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Credit (Administration) Act 1984 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Credit (Administration) (Amendment) Act 1985, No. 10246/1985

Assent Date: 10.12.85
Commencement Date: 10.12.85
CurrentState: All of Act in operation

Supreme Court Act 1986, No. 110/1986

Assent Date: 16.12.86
Commencement Date: 1.1.87: s. 2
CurrentState: All of Act in operation

Friendly Societies Act 1986, No. 119/1986

Assent Date: 23.12.86
Commencement Date: 1.9.87: Government Gazette 26.8.87 p. 2257
CurrentState: All of Act in operation

Planning and Environment Act 1987, No. 45/1987

Assent Date: 27.5.87
Commencement Date: S. 205(Sch. item 11) on 16.2.88: Government Gazette 10.2.88 p. 218
CurrentState: This information relates only to the provision/s amending the Credit (Administration) Act 1984

Credit (Administration) (Amendment) Act 1989, No. 4/1989

Assent Date: 2.5.89
Commencement Date: Ss 1–3, 5 on 2.5.89: s. 2(1); rest of Act on 29.4.91: Government Gazette 6.3.91 p. 483
CurrentState: All of Act in operation

Licensing Authorities (Amendment) Act 1989, No. 6/1989

Assent Date: 2.5.89
Commencement Date: Pt 2 (ss 3–10) on 13.7.89: Government Gazette 12.7.89 p. 1710
CurrentState: This information relates only to the provision/s amending the Credit (Administration) Act 1984

Local Government (Consequential Provisions) Act 1989, No. 12/1989

Assent Date: 9.5.89
Commencement Date: S. 4(1)(Sch. 2 item 19.1) on 1.11.89: Government Gazette 1.11.89 p. 2798
CurrentState: This information relates only to the provision/s amending the Credit (Administration) Act 1984

Credit (Amendment) Act 1989, No. 24/1989

Assent Date: 6.6.89
Commencement Date: S. 6 on 1.7.91: s. 2(2); rest of Act on 6.6.89: s. 2(1)
CurrentState: All of Act in operation

Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989

Assent Date: 14.6.89
Commencement Date: S. 3(Sch. items 40.1–40.3) on 1.9.90: Government Gazette 25.7.90 p. 2217
CurrentState: All of Act in operation

Credit (Further Amendment) Act 1991, No. 34/1991

Assent Date: 18.6.91
Commencement Date: S. 14(2) on 26.6.91: Government Gazette 26.6.91 p. 1659
CurrentState: This information relates only to the provision/s amending the Credit (Administration) Act 1984

Credit (Administration) (Amendment) Act 1993, No. 72/1993

Assent Date: 12.10.93
Commencement Date: Pt 2 (ss 4–14) on 8.11.93: s. 2(3); s. 16 on 1.7.91: s. 2(2)
CurrentState: This information relates only to the provision/s amending the Credit (Administration) Act 1984

Consumer Credit (Victoria) Act 1995, No. 41/1995

Assent Date: 14.6.95
Commencement Date: S. 58 on 14.6.95: s. 2(1); ss 55–57, 59 on 1.11.96: Government Gazette 29.8.96 p. 2274
CurrentState: This information relates only to the provision/s amending the Credit (Administration) Act 1984

Law and Justice Legislation (Further Amendment) Act 1997, No. 84/1997

Assent Date: 2.12.97
Commencement Date: S. 13 on 2.12.97: s. 2(1)
CurrentState: This information only relates to the provision/s amending the Credit (Administration) Act 1984

Credit (Amendment) Act 1998, No. 19/1998

Assent Date: 5.5.98
Commencement Date: S. 5 on 1.7.98: s. 2
CurrentState: This information only relates to the provision/s amending the Credit (Administration) Act 1984

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

Assent Date: 26.5.98
Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2)
CurrentState: This information only relates to the provision/s amending the Credit (Administration) Act 1984

Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998

Assent Date: 2.6.98
Commencement Date: Ss 26–34 on 1.7.98: Government Gazette 18.6.98 p. 1512
CurrentState: This information only relates to the provision/s amending the Credit (Administration) Act 1984

Consumer Credit (Finance Brokers) Act 1998, No. 77/1998

Assent Date: 10.11.98
Commencement Date: S. 7 on 1.7.99: s. 2
CurrentState: This information only relates to the provision/s amending the Credit (Administration) Act 1984

Fair Trading (Inspectors Powers and Other Amendments) Act 1999, No. 17/1999

Assent Date: 18.5.99
Commencement Date: Ss 3–8 on 1.9.99: Government Gazette 19.8.99 p. 1901
CurrentState: This information only relates to the provision/s amending the Credit (Administration) Act 1984

Business Registration Acts (Amendment) Act 2000, No. 35/2000

Assent Date: 6.6.00
Commencement Date: S. 45 on 19.6.00: Government Gazette 15.6.00 p. 1248
CurrentState: This information only relates to the provision/s amending the Credit (Administration) Act 1984

Fair Trading (Further Amendment) Act 2003, No. 106/2003

Assent Date: 9.12.03
Commencement Date: S. 21 on 10.12.03: s. 2(1)
CurrentState: This information only relates to the provision/s amending the Credit (Administration) Act 1984

Fair Trading (Enhanced Compliance) Act 2004, No. 103/2004

Assent Date: 21.12.04
Commencement Date: Ss 33, 34 on 22.12.04: s. 2(1)
CurrentState: This information only relates to the provision/s amending the Credit (Administration) Act 1984

Justice Legislation (Further Amendment) Act 2006, No. 79/2006

Assent Date: 10.10.06
Commencement Date: Ss 73–75 on 11.10.06: s. 2(1)
CurrentState: This information only relates to the provision/s amending the Credit (Administration) Act 1984

Consumer Credit (Victoria) and Other Acts Amendment Act 2008, No. 6/2008

Assent Date: 18.3.08
Commencement Date: S. 26 on 19.3.08: s. 2(1)
CurrentState: This information only relates to the provision/s amending the Credit (Administration) Act 1984

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Assent Date: 24.11.09
Commencement Date: S. 97(Sch. item 37) on 1.1.10: Government Gazette 10.12.09 p. 3215
CurrentState: This information only relates to the provision/s amending the Credit (Administration) Act 1984

Credit (Commonwealth Powers) Act 2010, No. 11/2010

Assent Date: 30.3.10
Commencement Date: Ss 29, 33 on 1.4.10: Special Gazette (No. 114) 31.3.10 p. 1; ss 24–28, 30–32, 34–36 on 1.7.10: Government Gazette 24.6.10 p. 1273
CurrentState: This information only relates to the provision/s amending the Credit (Administration) Act 1984

Statute Law Revision Act 2011, No. 29/2011

Assent Date: 21.6.11
Commencement Date: S. 3(Sch. 1 item 21) on 22.6.11: s. 2(1)
CurrentState: This information relates only to the provision/s amending the Credit (Administration) Act 1984

Australian Consumer Law and Fair Trading Act 2012, No. 21/2012

Assent Date: 8.5.12
Commencement Date: Ss 238(Sch. 5 item 2), 239(Sch. 6 item 11) on 1.7.12: Special Gazette (No. 214) 28.6.12 p. 1
CurrentState: This information relates only to the provision/s amending the Credit (Administration) Act 1984

Statute Law Revision Act 2013, No. 70/2013

Assent Date: 19.11.13
Commencement Date: S. 5(Sch. 3 item 2) on 1.12.13: s. 2(1)
Current State: This information relates only to the provision/s amending the Credit (Administration) Act 1984

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date: 27.2.18
Commencement Date: S. 68(Sch. 2 item 34) on 1.3.19: s. 2(2)
Current State: This information relates only to the provision/s amending the Credit (Administration) Act 1984

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3   Amendments Not in Operation

There are no amendments which were Not in Operation at the date of this publication.

4   Explanatory details


[1] S. 96: Section 17 of the Credit (Administration) (Amendment) Act 1993, No. 72/1993 reads as follows:

17Removal of civil liability

(1)A credit society is not liable to the loss of the whole or any part of the amount financed or the credit charge under a regulated contract made before the commencement of this section by reason only that the credit society was not the holder of a credit provider's licence under the Principal Act when the regulated contract was made.

(2)In this section—

(a)credit society means—

(i)a credit union within the meaning of the Financial Institutions (Victoria) Code or the corresponding law of another State or of a Territory; or

(ii)a credit society registered or incorporated before 1 July 1992 under the Co-operation Act 1981; or

(iii)a credit society or credit union registered or incorporated before 1 July 1992 under a law of another State or of a Territory corresponding to the Co‑operation Act 1981;

(b)subject to paragraph (a), expressions used have the same respective meanings as in the Principal Act.

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