Credit (Consumer Claims Tribunals) Amendment Act 1987 (NSW)

CREDIT (CONSUMER CLAIMS TRIBUNALS)

AMENDMENT ACT 1987 No. 207

NEW SOUTH WALES

TABLE OF PROVISIONS

1. Short title
2. Commencement
3. Amendment of Act No. 94, 1984

SCHEDULE 1—AMENDMENTS

CREDIT (CONSUMER CLAIMS TRIBUNALS) AMENDMENT ACT

1987 No. 207

NEW SOUTH WALES

Act No. 207, 1987

An Act to amend the Credit Act 1984 to enable the transfer of proceedings between the Commercial Tribunal and a consumer claims tribunal and to provide for related matters. [Assented to 8 December 1987]

Credit (Consumer Claims Tribunals) Amendment 1987

The Legislature of New South Wales enacts:

Short title

1. This Act may be cited as the Credit (Consumer Claims Tribunals)

Amendment Act 1987.

Commencement

1. This Act shall commence on the same day as the Consumer Claims

Tribunals Act 1987 commences.

Amendment of Act No. 94, 1984

1. The Credit Act 1984 is amended as set out in Schedule 1.

SCHEDULE 1—AMENDMENTS

(Sec. 3)

(1) Section 5 (Definitions)—

Section 5(1), definition of "consumer claims tribunal"—

After the definition of "compulsory insurance", insert:

"consumer claims tribunal" means a consumer claims tribunal

constituted under the Consumer Claims Tribunals Act 1987;

(2) Section 6 (Jurisdiction of courts, consumer claims tribunals and

Tribunal)—

Section 6 (5), (6)—

After section 6 (4), insert:

(5) Where proceedings are instituted in, or are before, a

consumer claims tribunal in a matter for the determination of

jurisdiction, the proceedings shall—	which the consumer claims tribunal and the Tribunal both have	(a) if all the parties so agree; or
(b) if a consumer claims tribunal of its own motion or on the application of a party so directs,

be transferred to the Tribunal in accordance with the rules of the Tribunal and shall continue before the Tribunal as if they had been instituted there.

(6) Where proceedings are instituted in, or are before, the
Tribunal in a matter for the determination of which the Tribunal

3   Act No. 207

Credit (Consumer Claims Tribunals) Amendment 1987

SCHEDULE 1— AMENDMENTS—continued

(b) if the Tribunal of its own motion or on the application of a party so directs,

be transferred to a consumer claims tribunal in accordance with the regulations made under the Consumer Claims Tribunals Act 1987 and shall continue before the consumer claims tribunal as if they had been instituted there.