National Consumer Credit Protection Act 2009 (Cth)

National Consumer Credit Protection Act 2009

No. 134, 2009

Compilation No. 50

Compilation date: 10 June 2025

Includes amendments: Act No. 138, 2024

This compilation is in 2 volumes

Volume 1:sections 1–322

Volume 2: sections 323–337

Schedule 1

Endnotes

Each volume has its own contents

About this compilation

This compilation

This is a compilation of the National Consumer Credit Protection Act 2009 that shows the text of the law as amended and in force on 10 June 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

An Act relating to credit, and for related purposes

Chapter 1IntroductionPart 1‑1Introduction1Short title

This Act may be cited as the National Consumer Credit Protection Act 2009.

2Commencement

(1)
Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table	The day on which this Act receives the Royal Assent.	15 December 2009
2. Sections 3 to 337 and Schedule 1	A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.	1 April 2010 (see F2010L00301)

Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2)
Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3The National Credit Code

Schedule 1 (which is the National Credit Code) has effect as a law of the Commonwealth.

Part 1‑2DefinitionsDivision 1Introduction4Guide to this Part

This Part is about the terms that are defined in this Act (other than the National Credit Code). (For the terms that are defined in the National Credit Code, see section 204 of that Code.)
Division 2 has the Dictionary (see section 5). The Dictionary is a list of every term that is defined in this Act (other than the National Credit Code). A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.
Division 3 has definitions relating to the meaning of credit activity.
Division 4 has some other definitions that apply across this Act (other than the National Credit Code).

Division 2The Dictionary5The Dictionary

(1)
In this Act (other than the National Credit Code):
acts as an intermediary: see section 9.
ADI has the same meaning as in subsection 5(1) of the Banking Act 1959.
adverse publicity order: see section 182.
AFCA scheme has the same meaning as in the Corporations Act 2001.
affairs, in relation to a person that is a body corporate, has the same meaning as in Part 3 of the ASIC Act.
affidavit includes affirmation.
ancillary offence, in relation to another offence, means:
(a)
an offence against section 6 of the Crimes Act 1914; or
(b)
an ancillary offence within the meaning of the Criminal Code;
that relates to the other offence.
annual percentage rate has the same meaning as in section 27 of the National Credit Code.
annual turnover, of a body corporate during a 12‑month period, means the sum of the values of all the supplies that the body corporate, and any body corporate related to the body corporate, have made, or are likely to make, during the 12‑month period, other than:
(a)
supplies made from any of those bodies corporate to any other of those bodies corporate; or
(b)
supplies that are input taxed; or
(c)
supplies that are not for consideration (and are not taxable supplies under section 72‑5 of the A New Tax System (Goods and Services Tax) Act 1999); or
(d)
supplies that are not made in connection with an enterprise that the body corporate carries on; or
(e)
supplies that are not connected with Australia.
Expressions used in this definition that are also used in the A New Tax System (Goods and Services Tax) Act 1999 have the same meaning as in that Act.
appeal includes:
(a)
an application for a new trial; and
(b)
proceedings to review or call in question the proceedings, decision or jurisdiction of a court or judge.
approved code of conduct means a code of conduct approved by ASIC by legislative instrument under section 238A, and includes a replacement code of conduct approved under that section.
APRA means the Australian Prudential Regulation Authority.
ASIC means the Australian Securities and Investments Commission.
ASIC Act means the Australian Securities and Investments Commission Act 2001, and includes instruments made under that Act.
ASIC member means a member of ASIC within the meaning of the ASIC Act.
ASIC staff member means a staff member within the meaning of subsection 5(1) of the ASIC Act.
associate: see section 15A.
Australian business law means a law of the Commonwealth, or of a State or Territory, that is a law that regulates, or relates to the regulation of, business or persons engaged in business.
Australian credit licence: see subsection 35(1).
Australian credit licence number means the number given to a licence under section 43.
Australian financial services licence has the same meaning as in the Corporations Act 2001.
authorised, in relation to a credit activity: see subsection 35(2).
avoidance purpose: see subsection 323A(2).
banker has the same meaning as in section 9 of the Corporations Act 2001.
banking group means a relevant group of bodies corporate (within the meaning of the Banking Act 1959) that includes a body corporate covered by paragraph 133CN(1)(a) (about large ADIs).
banned from engaging in a credit activity under a law of a State or Territory: a person is banned from engaging in a credit activity under a law of a State or Territory if:
(a)
the person holds a State or Territory credit licence that is suspended (otherwise than by request of the person); or
(b)
the person has held a State or Territory credit licence that has been cancelled within the last 7 years (otherwise than by the person’s request); or
(c)
an order of a court made under a law of a State or Territory prohibits the person from engaging in a credit activity; or
(d)
the person is otherwise prohibited under a law of a State or Territory from engaging in a credit activity.
banning order means an order made under subsection 80(1).
beneficiary of a guarantee means a person who is a party to a guarantee and who has the benefit of the guarantee, and includes a person who is a beneficiary of a guarantee because of section 10.
benefit derived and detriment avoided:
(a)
because of an offence—has the meaning given by section 288E; and
(b)
because of a contravention of a civil penalty provision—has the meaning given by section 167D.
body regulated by APRA has the same meaning as in subsection 3(2) of the Australian Prudential Regulation Authority Act 1998.
book includes:
(a)
a register; and
(b)
any other record of information; and
(c)
financial reports or financial records, however compiled, recorded or stored; and
(d)
a document.
business day has the same meaning as in section 204 of the National Credit Code.
buy now pay later arrangement has the same meaning as in section 13D of the National Credit Code.
buy now pay later contract has the same meaning as in section 13D of the National Credit Code.
carried on in this jurisdiction has a meaning affected by section 12.
civil penalty provision: a subsection of this Act (or a section of this Act that is not divided into subsections) is a civil penalty provision if:
(a)
the words “civil penalty” and one or more amounts in penalty units are set out at the foot of the subsection (or section); or
(b)
another provision of this Act specifies that the subsection (or section) is a civil penalty provision.
coastal sea:
(a)
in relation to Australia—means:
(i)
the territorial sea of Australia; and
(ii)
the sea on the landward side of the territorial sea of Australia and not within the limits of a State or internal Territory;
and includes the airspace over, and the sea‑bed and subsoil beneath, any such sea; and
(b)
in relation to a State or Territory—means so much of the coastal sea of Australia as is within the area described in Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 under the heading that refers to that State or Territory.
code of conduct means a code of conduct that relates to any aspect of the activities of:
(a)
licensees; or
(b)
credit representatives;
being activities in relation to which ASIC has a regulatory responsibility.
commission includes any financial or other benefit in the nature of a commission.
Note: Commissions may be conflicted remuneration: see Division 4 of Part 3‑5A.
Commonwealth body means:
(a)
an Agency (within the meaning of the Public Service Act 1999); or
(b)
a body, whether incorporated or not, established for a public purpose by or under a law of the Commonwealth; or
(c)
a person:
(i)
holding or performing the duties of an office established by or under a law of the Commonwealth; or
(ii)
holding an appointment made under a law of the Commonwealth.
Commonwealth credit legislation means this Act and the Transitional Act.
conflicted remuneration: see sections 158N and 158NA.
constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.
constitutional trade and commerce means trade and commerce:
(a)
between Australia and places outside Australia; or
(b)
between the States; or
(c)
between a State and a Territory; or
(d)
between 2 Territories; or
(e)
within a Territory.
constrained document: see subsection 160CA(1).
constrained information: see subsection 160CA(1).
consumer means a natural person or a strata corporation.
consumer lease means a consumer lease to which Part 11 of the National Credit Code applies.
consumer lease for household goods has the same meaning as in section 204 of the National Credit Code.
continuing credit contract has the same meaning as in section 204 of the National Credit Code.
contravention:
(a)
in relation to an offence against a law—includes an ancillary offence relating to the offence against the law; and
(b)
in relation to a civil penalty provision—has a meaning affected by section 169.
control has the meaning given by section 16A.
core obligation has the meaning given by subsection 50A(3).
credit has the same meaning as in subsection 3(1) of the National Credit Code.
credit activity: see section 6.
credit assistance: see section 8.
credit book: see subsection 227(4).
credit card: see subsection 133BA(2).
credit card contract: see subsection 133BA(1).
credit card termination entitlement: see subsection 133BT(3).
credit contract has the same meaning as in section 4 of the National Credit Code.
credit information has the same meaning as in the Privacy Act 1988.
credit legislation means:
(a)
this Act; and
(b)
the Transitional Act; and
(c)
Division 2 of Part 2 of the ASIC Act and regulations made for the purpose of that Division; and
(d)
any other Commonwealth, State or Territory legislation that covers conduct relating to credit activities (whether or not it also covers other conduct), but only in so far as it covers conduct relating to credit activities.
credit limit of a credit contract means the maximum amount of credit that may be provided under the contract.
credit limit increase invitation, in relation to a credit card contract: see subsection 133BE(5).
credit limit reduction entitlement: see subsection 133BF(3).
credit provider:
(a)
when used in Part 3‑2CA—has the same meaning as in the Privacy Act 1988; and
(b)
otherwise—has the same meaning as in section 204 of the National Credit Code, and includes a person who is a credit provider because of section 10 of this Act.
credit registers: see section 213.
credit reporting body has the same meaning as in the Privacy Act 1988.
credit representative: see subsections 64(2) and 65(2).
credit representative number means the number given to a credit representative under section 72.
credit service: see section 7.
criminal procedure: see section 205.
data standards means standards made by the Registrar under section 212H.
debtor has the same meaning as in section 204 of the National Credit Code.
declaration of contravention means a declaration made under section 166.
designated secrecy provision has the meaning given by subsection 212N(3).
director has the same meaning as in the Corporations Act 2001.
disclosure framework means the disclosure framework made by the Registrar under section 212L.
disqualification order means an order of the court under section 86.
document registers: see section 219.
electronic communication has the same meaning as in the Electronic Transactions Act 1999.
eligible credit account: see section 133CO.
eligible credit reporting body: see subsection 133CN(2).
eligible licensee: see subsection 133CN(1).
enforceable code provision means a provision of an approved code of conduct identified by ASIC under subsection 238A(2).
engage in conduct means:
(a)
do an act; or
(b)
omit to perform an act.
evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.
examination, when used in Chapter 6 (which deals with compliance and enforcement), means an examination of a person pursuant to a requirement made under section 253.
expenses, in relation to an investigation under Part 6‑1, includes costs and expenses incurred by ASIC in relation to proceedings brought under section 275 as a result of the investigation.
Federal Court means the Federal Court of Australia.
financial hardship information has the same meaning as in the Privacy Act 1988.
financial records: see subsection 88(2).
financial services licensee has the same meaning as in the Corporations Act 2001.
financial year: see subsection 100(6).
function includes a duty.
give:
(a)
when used in Chapter 6 (which deals with compliance and enforcement) in relation to a document—has a meaning affected by section 314; and
(b)
when used in relation to information, includes:
(i)
explaining or stating a matter; and
(ii)
identifying a person, matter or thing; and
(iii)
disclosing information; and
(iv)
answering a question.
government entity has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.
guarantee means a guarantee to which the National Credit Code applies.
hardship notice has the same meaning as in section 204 of the National Credit Code.
head company, of a banking group, means the member of the group covered by paragraph 133CN(1)(a) (about large ADIs).
hearing, when used in Chapter 6 (which deals with compliance and enforcement), means a hearing before ASIC and, in sections 278, 280, 281 and 282 (which are in that Chapter), includes part of such a hearing.
household goods has the same meaning as in section 204 of the National Credit Code.
indirect remuneration means a commission or conflicted remuneration.
individual fine formula means the formula set out in subsection 288C(3).
information system has the same meaning as in the Electronic Transactions Act 1999.
infringement noticemeans a notice given under section 288J.
initial National Credit Code: see subsection 20(2).
insolvent means:
(a)
in the case of a natural person—a person who is an insolvent under administration; or
(b)
in the case of a body corporate—a body corporate that is a Chapter 5 body corporate (within the meaning of the Corporations Act 2001); or
(c)
in the case of a partnership—a partnership against which a creditor’s petition or a debtor’s petition is presented under Division 2 or 3 of Part IV of the Bankruptcy Act 1966.
investigate, in relation to ASIC, means investigate in the course of performing any of ASIC’s functions or exercising any of ASIC’s powers.
involved in: a person is involved in a contravention of a provision of legislation if, and only if, the person:
(a)
has aided, abetted, counselled or procured the contravention; or
(b)
has induced the contravention, whether by threats or promises or otherwise; or
(c)
has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or
(d)
has conspired with others to effect the contravention.
judgment means a judgment, decree or order, whether final or interlocutory.
Key Facts Sheet:
(a)
for a credit card contract—see section 133BB; and
(b)
for a standard home loan—see section 133AB.
knowledge, in Division 5 of Part 2‑2: see section 53C.
large ADI means an ADI of a kind determined under subsection (1A).
law of a referring State or a Territory means a law of, or in force in, a referring State or a Territory but does not include a law of the Commonwealth in force in the referring State or the Territory.
law of a State or Territory means a law of, or in force in, a State or Territory but does not include a law of the Commonwealth in force in the State or Territory.
lawyer means a person who is admitted to the legal profession by a federal court or a Supreme Court of a State or Territory.
lessee means the lessee under a consumer lease.
lessor has the same meaning as in section 204 of the National Credit Code, and includes a person who is a lessor because of section 10.
licence means an Australian credit licence.
licensee means a person who holds a licence.
licensing anniversary: see subsection 53(7).
linked: for when a credit card is linked to a credit card contract, see subsection 133BA(3).
lodge with ASIC: see section 216.
low cost credit contract has the same meaning as in section 13E of the National Credit Code.
lower court means:
(a)
the Federal Circuit and Family Court of Australia (Division 2); or
(b)
a court of a State or Territory that is not a superior court.
malice: see subsection 16(2).
mandatory code of conduct means a code of conduct that is declared by regulations under section 238F to be mandatory.
mandatory credit information: see section 133CP.
matter includes an act, an omission, a body, a person or a thing.
misleading: see section 13.
mortgagemeans a mortgage to which the National Credit Code applies.
mortgage broker: see section 15B.
mortgagee means the mortgagee under a mortgage, and includes a person who is a mortgagee because of section 10.
mortgage intermediary: see section 15C.
mortgagor means the mortgagor under a mortgage.
National Credit Code means Schedule 1 to this Act, and includes:
(a)
regulations made under section 329 for the purposes of that Schedule; and

(b)
instruments made under that Schedule.
officer of the Commonwealth has the same meaning as in paragraph 75(v) of the Constitution.
official employment means:
(a)
appointment or employment by the Commonwealth, or the performance of services for the Commonwealth; or
(b)
the exercise of powers or performance of functions under a delegation by the Registrar.
Part 3‑2CA body: see section 133CZF.
payment period, in relation to an infringement notice, has the meaning given by section 288M.
pecuniary penalty order means an order made under section 167.
penalty unit has the same meaning as in section 4AA of the Crimes Act 1914.
person has a meaning affected by section 14 (which deals with partnerships) and section 15 (which deals with multiple trustees).
personal information has the same meaning as in the Privacy Act 1988.
power includes an authority.
premises includes:
(a)
a structure, building, aircraft, vehicle or vessel; and
(b)
any land or place (whether enclosed or built in or not); and
(c)
a part of a structure, building, aircraft, vehicle, vessel or of such a place.
prescribed State or Territory order means an order under a law of a State or Territory, being an order of a kind prescribed by the regulations.
proceedings:
(a)
when used in Chapter 6 (which deals with compliance and enforcement)—has the same meaning as the definition of proceeding in subsection 5(1) of the ASIC Act; and
(b)
otherwise—means proceedings, whether criminal or civil, before a court.
proscribed referral: see subsection 160G(2).
protected information means information:
(a)
obtained by a person in the course of the person’s official employment; and
(b)
disclosed to the person or another person, or obtained by the person or another person:
(i)
under, or in relation to, this Act; or
(ii)
under another law of the Commonwealth;
in connection with particular functions or powers of the Registrar.
qualified privilege has a meaning affected by section 16.
receiving court: see section 191.
recklessness,in Division 5 of Part 2‑2: see section 53C.
record, when used in Chapter 6 (which deals with compliance and enforcement) in relation to an examination, means the whole or part of a record made under section 258 of statements made at the examination.
Reference Checking and Information Sharing Protocol means the protocol determined by ASIC under subsection 47(3A).
referred credit matter: see subsection 20(1).
referring State: see section 19.
registered company auditor has the same meaning as in section 9 of the Corporations Act 2001.
Registrar has the meaning given by section 16B.
related body corporate has the same meaning as in section 9 of the Corporations Act 2001.
related criminal justice process decision: see section 188.
relevant criminal law: see subsection 204(5).
relevant superior court, in relation to a lower court, means:
(a)
if the lower court is the Federal Circuit and Family Court of Australia (Division 2)—the Federal Court; or
(b)
if the lower court is a court of a State or Territory—the Supreme Court of the State or Territory.
relinquishment order means an order made under subsection 167C(1).
repayment date: see subsection 133CD(3).
reportable situation has the meaning given by section 50A.
representative of a person means:
(a)
if the person is a licensee:
(i)
an employee or director of the licensee; or
(ii)
an employee or director of a related body corporate of the licensee; or
(iii)
a credit representative of the licensee; or
(iv)
any other person acting on behalf of the licensee; or
(b)
otherwise:
(i)
an employee or director of the person; or
(ii)
an employee or director of a related body corporate of the person; or
(iii)
any other person acting on behalf of the person.
residential property has the same meaning as in section 204 of the National Credit Code.
reverse mortgage has the same meaning as in section 13A of the National Credit Code.
reverse mortgage information statement means a document relating to reverse mortgages that complies with the regulations.
scheme means:
(a)
any agreement, arrangement, understanding, promise or undertaking, whether express or implied; or
(b)
any scheme, plan, proposal, action, course of action or course of conduct, whether unilateral or otherwise; or
(c)
any combination of 2 or more things that are schemes because of paragraph (a) or (b).
secrecy provision has the meaning given by subsection 212N(2).
senior manager has the same meaning as in section 9 of the Corporations Act 2001.
sensitive information has the same meaning as in the Privacy Act 1988.
serious fraud means an offence involving fraud or dishonesty, being an offence:
(a)
against a law of the Commonwealth, or of a State or Territory, or any other law; and
(b)
punishable by imprisonment for life or for a period, or maximum period, of at least 3 months.
short‑term credit contract: a credit contract is a short‑term credit contract if:
(a)
the contract is not a continuing credit contract or a low cost credit contract; and
(b)
the credit provider under the contract is not an ADI; and
(c)
the credit limit of the contract is $2,000 (or such other amount as is prescribed by the regulations) or less; and
(d)
the term of the contract is 15 days or less; and
(e)
the contract meets any other requirements prescribed by the regulations.
small amount credit contract: a credit contract is a small amount credit contract if:
(a)
the contract is not a continuing credit contract or a low cost credit contract; and
(b)
the credit provider under the contract is not an ADI; and
(c)
the credit limit of the contract is $2,000 (or such other amount as is prescribed by the regulations) or less; and
(d)
the term of the contract is at least 16 days but not longer than 1 year (or such other number of years as is prescribed by the regulations); and
(e)
the debtor’s obligations under the contract are not, and will not be, secured; and
(f)
the contract meets any other requirements prescribed by the regulations.
standard home loan: see subsection 133AA(1).
State, when used in a geographical sense, includes the coastal sea of the State.
statement, when used in Chapter 6 (which deals with compliance and enforcement) in relation to an examination, includes a question asked, an answer given, and any other comment or remark made, at the examination.
state of mind: the state of mind of a person includes:
(a)
the knowledge, intention, opinion, belief or purpose of the person; and
(b)
the person’s reasons for the intention, opinion, belief or purpose.
State or Territory credit licence means a licence or registration that:
(a)
is granted under a law of a State or Territory; and
(b)
authorises the licensee or registered person to engage in a credit activity.
strata corporation has the same meaning as in section 204 of the National Credit Code.
subject to an infringement notice, in relation to an offence provision or civil penalty provision, has the meaning given by section 288K.
subscriber, in relation to an approved code of conduct:
(a)
means a person or entity that agrees, in a way required by the applicant for the code’s approval, to be bound by the code; and
(b)
if a person or entity no longer agrees to be bound by the code—includes the person or entity during the period that the person or entity did agree to be so bound.
superior court means any of the following courts:
(a)
the Federal Court;
(b)
the Supreme Court of a State or Territory.
supply requirements: see section 133CQ.
taxation law has the same meaning as in the Income Tax Assessment Act 1997.
Territory:
(a)
means the following:
(i)
the Australian Capital Territory;
(ii)
the Jervis Bay Territory;
(iii)
the Northern Territory;
(iv)
Norfolk Island;
(v)
the Territory of Christmas Island;
(vi)
the Territory of Cocos (Keeling) Islands; and
(b)
when used in a geographical sense—includes the Territory’s coastal sea (if any).
this Act includes instruments made under this Act.
this jurisdiction: see subsections 21(2) and (3).
transfer matter: see section 191.
transferring court: see section 191.
Transitional Act means the National Consumer Credit Protection (Transitional and Consequential Provisions) Act 2009, and includes instruments made under that Act.
tribunal means:
(a)
a tribunal in Australia; or
(b)
any other body, authority or person in Australia having power, by law or by consent of parties, to hear, receive or examine evidence.
unsolicited communication to a consumer: see subsection 133CF(2).
unsuitability assessment policy has the meaning given by subsection 133BXG(1).
use of a credit card: see subsection 133BA(4).
value of a credit contract, mortgage, guarantee or consumer lease: see section 199.
virtual enquiry technology means any technology that allows a person to appear at all or part of a hearing, examination or other enquiry without being physically present at the hearing, examination or other enquiry.
within the authority: a representative’s conduct is within the authority of a person if:
(a)
for a representative who is an employee of the person or of a related body corporate of the person—the conduct is within the scope of the employee’s employment; or
(b)
for a representative who is a director of the person or of a related body corporate of the person—the conduct is within the scope of the director’s duties as director; or
(c)
for a representative who is a credit representative of the person—the conduct is within the scope of the authorisation of the credit representative under subsection 64(1) or 65(1); or
(d)
otherwise—the conduct is within the scope of the authority given by the person.
witness, in relation to a hearing before ASIC, means a person appearing at the hearing to give evidence.
written record, when used in Chapter 6 (which deals with compliance and enforcement) in relation to an examination, means:
(a)
a record of the examination:
(i)
that is made in writing; or
(ii)
as reduced to writing; or
(b)
a part of such a record.
(1A)
The Minister may, by legislative instrument, determine the kinds of ADIs that are large ADIs.
(2)
In this Act (other than the National Credit Code), a reference to a provision is a reference to a provision of this Act, unless the contrary intention appears.

Division 3Definitions relating to the meaning of credit activity6Meaning of credit activity

(1)
The following table sets out when a person engages in a credit activity.

Meaning of credit activity
Item	Topic	A person engages in a credit activity if:
1	credit contracts	(a) the person is a credit provider under a credit contract; or (b) the person carries on a business of providing credit, being credit the provision of which the National Credit Code applies to; or (c) the person performs the obligations, or exercises the rights, of a credit provider in relation to a credit contract or proposed credit contract (whether the person does so as the credit provider or on behalf of the credit provider); or
2	credit service	the person provides a credit service; or
3	consumer leases	(a) the person is a lessor under a consumer lease; or (b) the person carries on a business of providing consumer leases; or (c) the person performs the obligations, or exercises the rights, of a lessor in relation to a consumer lease or proposed consumer lease (whether the person does so as the lessor or on behalf of the lessor); or
4	mortgages	(a) the person is a mortgagee under a mortgage; or (b) the person performs the obligations, or exercises the rights, of a mortgagee in relation to a mortgage or proposed mortgage (whether the person does so as the mortgagee or on behalf of the mortgagee); or
5	guarantees	(a) the person is the beneficiary of a guarantee; or (b) the person performs the obligations, or exercises the rights, of another person who is a beneficiary of a guarantee or proposed guarantee, in relation to the guarantee or proposed guarantee (whether the person does so on the person’s own behalf or on behalf of the other person); or
6	prescribed activities	the person engages in an activity prescribed by the regulations in relation to credit, being credit the provision of which the National Credit Code applies to, or would apply to if the credit were provided.

(2)
A subclass of any of the conduct referred to in the table in subsection (1) is also a credit activity.
Note: For example, ASIC could impose a condition on a licence under subsection 45(6) that provides that a person is authorised to be a credit provider only under particular types of credit contracts (such as credit card contracts).

7Meaning of credit service

A person provides a credit service if the person:
(a)
provides credit assistance to a consumer; or
(b)
acts as an intermediary.

8Meaning of credit assistance

A person provides credit assistance to a consumer if, by dealing directly with the consumer or the consumer’s agent in the course of, as part of, or incidentally to, a business carried on in this jurisdiction by the person or another person, the person:
(a)
suggests that the consumer apply for a particular credit contract with a particular credit provider; or
(b)
suggests that the consumer apply for an increase to the credit limit of a particular credit contract with a particular credit provider; or
(c)
suggests that the consumer remain in a particular credit contract with a particular credit provider; or
(d)
assists the consumer to apply for a particular credit contract with a particular credit provider; or
(e)
assists the consumer to apply for an increase to the credit limit of a particular credit contract with a particular credit provider; or
(f)
suggests that the consumer apply for a particular consumer lease with a particular lessor; or
(g)
suggests that the consumer remain in a particular consumer lease with a particular lessor; or
(h)
assists the consumer to apply for a particular consumer lease with a particular lessor.
It does not matter whether the person does so on the person’s own behalf or on behalf of another person.

9Meaning of acts as an intermediary

A person acts as an intermediary if, in the course of, as part of, or incidentally to, a business carried on in this jurisdiction by the person or another person, the person:
(a)
acts as an intermediary (whether directly or indirectly) between a credit provider and a consumer wholly or partly for the purposes of securing a provision of credit for the consumer under a credit contract for the consumer with the credit provider; or
(b)
acts as an intermediary (whether directly or indirectly) between a lessor and a consumer wholly or partly for the purposes of securing a consumer lease for the consumer with the lessor.
It does not matter whether the person does so on the person’s own behalf or on behalf of another person.

10Assignees of credit providers, lessors, mortgagees and beneficiaries of a guarantee

(1)
For the purposes of this Act (other than the National Credit Code), a person is a credit provider, lessor, mortgagee or beneficiary of a guarantee whether the person is:
(a)
the original credit provider, lessor, mortgagee or beneficiary of a guarantee under a credit contract, consumer lease, mortgage or guarantee; or
(b)
a person to whom the rights of a credit provider, lessor, mortgagee or beneficiary of a guarantee under a credit contract, consumer lease, mortgage or guarantee have been assigned or passed by law.
Note: For example, a person who is assigned the rights of a credit provider under a credit contract would engage in a credit activity within the meaning of paragraph (a) of item 1 of the table in subsection 6(1).
(2)
For the purposes of paragraph (1)(b), it does not matter whether an assignment or passing by law of rights is the first or a subsequent assignment or passing by law of those rights.

Division 4Other definitions12When a business is carried on in this jurisdiction

(1)
Division 3 of Part 1.2 of the Corporations Act 2001 applies for the purposes of working out whether a business is carried on in this jurisdiction.
(2)
Without limiting subsection (1), a business is taken to be carried on in this jurisdiction by a person if, in the course of carrying on the business, the person engages in conduct that is:
(a)
intended to induce people in this jurisdiction to use the goods or services the person provides; or
(b)
is likely to have that effect;
whether or not the conduct is intended, or likely, to have that effect in other places as well.

13Meaning of misleading

(1)
A representation made by a person is misleading if:
(a)
the representation relates to a future matter (including the doing of, or refusing to do, any act); and
(b)
the person does not have reasonable grounds for making the representation.
(2)
Subsection (1) does not limit the circumstances in which a representation may be misleading.

14Meaning of person – generally includes a partnership

(1)
This Act (other than the National Credit Code) applies to a partnership as if the partnership were a person, but it applies with the following changes:
(a)
obligations that would be imposed on the partnership are imposed instead on each partner, but may be discharged by any of the partners;
(b)
any contravention of this Act (other than the National Credit Code) that would otherwise be a contravention by the partnership is taken (whether for the purposes of criminal or civil liability) to have been a contravention by each partner who:
(i)
aided, abetted, counselled or procured the relevant act or omission; or
(ii)
was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the partner).
Note: For the purposes of paragraph (b), to determine whether the partnership has contravened this Act, see section 325.
(2)
For the purposes of this Act (other than the National Credit Code), a change in the composition of a partnership does not affect the continuity of the partnership.
(3)
Subsections (1) and (2) have effect subject to:
(a)
an express or implied contrary intention in a provision of this Act (other than the National Credit Code); and
(b)
the regulations, which may exclude or modify the effect of those subsections in relation to specified provisions.

15Meaning of person – generally includes multiple trustees

(1)
This section applies in relation to a trust during a period while the trust continues to have:
(a)
2 or more trustees; or
(b)
a single trustee who was a trustee of the trust at a time when it had 2 or more trustees.
(2)
Subject to subsections (3) and (4), during the period this Act (other than the National Credit Code) applies to the trust as if the trustee or trustees of the trust from time to time during the period were a single person (the notional person) that remained the same for the duration of that period.
Note: So, for example, a licence granted under this Act during the period to the trustees of the trust will continue in force, despite a change in the persons who are the trustees.
(3)
If, during the period or any part of the period, the trust has 2 or more trustees, this Act (other than the National Credit Code) applies to the trustees as referred to in subsection (2), but it applies with the following changes:
(a)
obligations that would be imposed on the notional person are imposed instead on each trustee, but may be discharged by any of the trustees;
(b)
any contravention of this Act (other than the National Credit Code) that would otherwise be a contravention by the notional person is taken (whether for the purposes of criminal or civil liability) to have been a contravention by each trustee who:
(i)
aided, abetted, counselled or procured the relevant act or omission; or
(ii)
was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the trustee).
Note: For the purposes of paragraph (b), to determine whether the notional person has contravened this Act, see section 325.
(4)
If, during the period or any part of the period, the trust has only one trustee, this Act (other than the National Credit Code) applies to the trustee as referred to in subsection (2), but it applies with the following changes:
(a)
obligations that would be imposed on the notional person are imposed instead on that single trustee;
(b)
any contravention of this Act (other than the National Credit Code) that would otherwise be a contravention by the notional person is taken (whether for the purposes of criminal or civil liability) to have been a contravention by that single trustee.

(5)
Subsections (2), (3) and (4) have effect subject to:
(a)
an express or implied contrary intention in a provision of this Act (other than the National Credit Code); and
(b)
the regulations, which may exclude or modify the effect of those subsections in relation to specified provisions.

15AMeaning of associate

(1)
If a person is associated with a credit provider for the purposes of the National Credit Code:
(a)
the person is an associate of the credit provider; and
(b)
the credit provider is an associate of the person.
(2)
In any other case, a person is an associate of another person in the circumstances prescribed by the regulations.

15BMeaning of mortgage broker

(1)
A licensee is a mortgage broker if:
(a)
the licensee carries on a business of providing credit assistance in relation to credit contracts secured by mortgages over residential property; and
(b)
the licensee does not perform the obligations, or exercise the rights, of a credit provider in relation to the majority of those credit contracts; and
(c)
in carrying on the business, the licensee provides credit assistance in relation to credit contracts offered by more than one credit provider.
(2)
A credit representative of a licensee is a mortgage broker if:
(a)
the credit representative carries on a business of providing credit assistance in relation to credit contracts secured by mortgages over residential property; and
(b)
neither the credit representative nor the licensee performs the obligations, or exercises the rights, of a credit provider in relation to the majority of those credit contracts; and
(c)
in carrying on the business, the credit representative provides credit assistance in relation to credit contracts offered by more than one credit provider.

15CMeaning of mortgage intermediary

(1)
A licensee is a mortgage intermediary if:
(a)
the licensee carries on a business of acting as an intermediary in relation to credit contracts secured by mortgages over residential property; and
(b)
the licensee does not perform the obligations, or exercise the rights, of a credit provider in relation to the majority of those credit contracts; and
(c)
in carrying on the business, the licensee acts as an intermediary in relation to credit contracts offered by more than one credit provider.
(2)
A credit representative of a licensee is a mortgage intermediary if:
(a)
the credit representative carries on a business of acting as an intermediary in relation to credit contracts secured by mortgages over residential property; and
(b)
neither the credit representative nor the licensee performs the obligations, or exercises the rights, of a credit provider in relation to the majority of those credit contracts; and
(c)
in carrying on the business, the credit representative acts as an intermediary in relation to credit contracts offered by more than one credit provider.

16Qualified privilege

(1)
If this Act provides that a person has qualified privilege in relation to an act, matter or thing, then the person:
(a)
has qualified privilege in proceedings for defamation; or
(b)
is not, in the absence of malice on the person’s part, liable to an action for defamation at the suit of a person;
in relation to that act, matter or thing.
(2)
Malice includes ill will to the person concerned or any other improper motive.
(3)
Neither this section nor a provision of this Act that provides as referred to in subsection (1) limits or affects any right, privilege or immunity that a person has, apart from this section or such a provision, as defendant in proceedings, or an action, for defamation.

16AMeaning of control

(1)
Control, of a body corporate, is:
(a)
having the capacity to cast, or control the casting of, more than one half of the maximum number of votes that might be cast at a general meeting of the body corporate; or
(b)
directly or indirectly holding more than one half of the issued share capital of the body corporate (not including any part of that issued share capital that carries no right to participate beyond a specified amount in a distribution of either profits or capital, and not including MCIs); or
(c)
having the capacity to control the composition of the body corporate’s board or governing body; or
(d)
having the capacity to determine the outcome of decisions about the body corporate’s financial and operating policies, taking into account:
(i)
the practical influence that can be exerted (rather than the rights that can be enforced); and
(ii)
any practice or pattern of behaviour affecting the body corporate’s financial or operating policies (whether or not it involves a breach of an agreement or a breach of trust).
(2)
Control, of a person other than a body corporate, is:
(a)
having the capacity to control the composition of the person’s board or governing body (if any); or
(b)
having the capacity to determine the outcome of decisions about the person’s financial and operating policies, taking into account:
(i)
the practical influence that can be exerted (rather than the rights that can be enforced); and
(ii)
any practice or pattern of behaviour affecting the person’s financial or operating policies (whether or not it involves a breach of an agreement or a breach of trust).
(3)
For the purposes of paragraph (1)(b), MCI has the same meaning as in the Corporations Act 2001, and issued has the same meaning as in Chapter 7 of that Act.

16BMeaning of Registrar

A reference in this Act to the Registrar is a reference to:
(a)
if only one Commonwealth body is appointed as Registrar under section 212A—that body; or
(b)
if more than one Commonwealth body is appointed under that section:
(i)
if the reference relates to one or more particular functions or powers—any Commonwealth body so appointed with any of those particular functions or powers; or
(ii)
otherwise—any of the Commonwealth bodies appointed under that section.

Part 1‑3Application of this Act and the Transitional ActDivision 1Introduction17Guide to this Part

This Part deals with the application of this Act and the Transitional Act.
Division 2 is about the constitutional basis and geographical application of those Acts. It also deals with the application of those Acts to the Crown.
Division 3 deals with the interaction between those Acts and laws of the States and Territories.

Division 2Constitutional basis and application of this Act and the Transitional Act18Constitutional basis for this Act and the Transitional Act

Application in a referring State
(1)
The application of this Act and the Transitional Act in the referring States is based on:
(a)
the legislative powers that the Commonwealth Parliament has under section 51 of the Constitution (other than paragraph 51(xxxvii)); and
(b)
the legislative powers that the Commonwealth Parliament has because of a reference or an adoption by the Parliaments of the referring States under paragraph 51(xxxvii) of the Constitution.
Application in a Territory
(2)
The application of this Act and the Transitional Act in a Territory is based on:
(a)
the legislative powers that the Commonwealth Parliament has under section 122 of the Constitution to make laws for the government of a Territory; and
(b)
the legislative powers that the Commonwealth Parliament has under section 51 of the Constitution.
Despite section 2H of the Acts Interpretation Act 1901, this Act and the Transitional Act as applying in the Territory are laws of the Commonwealth.
Application outside Australia
(3)
The operation of this Act and the Transitional Act outside Australia is based on:
(a)
the legislative power the Commonwealth Parliament has under paragraph 51(xxix) of the Constitution; and
(b)
the other legislative powers that the Commonwealth Parliament has under section 51 of the Constitution; and
(c)
the legislative powers that the Commonwealth Parliament has under section 122 of the Constitution to make laws for the government of a Territory.
Application in a non‑referring State
(4)
The application of this Act and the Transitional Act in a State that is not a referring State is based on:
(a)
the legislative powers that the Commonwealth Parliament has under section 51 (other than paragraph 51(xxxvii)) and section 122 of the Constitution; and
(b)
the legislative powers that the Commonwealth Parliament has because of a reference or an adoption by the Parliaments of the referring States under paragraph 51(xxxvii) of the Constitution.

19Meaning of referring State

Meaning of referring State
(1)
A State is a referring State if, for the purposes of paragraph 51(xxxvii) of the Constitution, the Parliament of the State:
(a)
has referred the matters covered by subsections (3) and (4) to the Commonwealth Parliament; or
(b)
has:
(i)
adopted the relevant version of this Act and the relevant version of the Transitional Act; and
(ii)
referred the matter covered by subsection (4) to the Commonwealth Parliament.
(2)
A State is a referring State even if the State’s referral law provides that:
(a)
the reference to the Commonwealth Parliament of a matter covered by subsection (3) or (4) is to terminate in particular circumstances; or
(b)
the adoption of the relevant version of this Act or the relevant version of the Transitional Act is to terminate in particular circumstances; or
(c)
the reference to the Commonwealth Parliament of the matter covered by subsection (4) does not include:
(i)
the matter of making provision with respect to the imposition or payment of State taxes, duties, charges or other imposts, however described; or
(ii)
the matter of making provision with respect to the general system for the recording of estates or interests in land and related information; or
(iii)
the matter of providing for the priority of interests in real property; or
(iv)
the matter of making a law that excludes or limits the operation of a State law, to the extent that the State law makes provision with respect to the creation, holding, transfer, assignment, disposal or forfeiture of a State statutory right; or
(d)
the reference to the Commonwealth Parliament of a matter covered by subsection (3) or (4) has effect only:
(i)
if and to the extent that the matter is not included in the legislative powers of the Commonwealth Parliament (otherwise than by a reference under section 51(xxxvii) of the Constitution); or
(ii)
if and to the extent that the matter is included in the legislative powers of the Parliament of the State.
Reference covering the relevant versions of this Act and the Transitional Act
(3)
This subsection covers the matters to which the referred provisions relate to the extent of the making of laws with respect to those matters by including the referred provisions in the relevant version of this Act and the relevant version of the Transitional Act.
Reference covering amendments of this Act or the Transitional Act
(4)
This subsection covers a referred credit matter (see section 20) to the extent of the making of laws with respect to that matter by making express amendments of this Act or the Transitional Act.
Effect of terminating reference or adoption of relevant versions
(5)
A State ceases to be a referring State if:
(a)
in the case where the Parliament of the State has referred to the Commonwealth Parliament the matters covered by subsection (3)—that reference terminates; or
(b)
in the case where the Parliament of the State has adopted the relevant version of this Act and the relevant version of the Transitional Act—the adoption of the relevant version of this Act or the relevant version of the Transitional Act terminates.
Effect of terminating amendment reference
(6)
A State ceases to be a referring State if:
(a)
the State’s amendment reference terminates; and
(b)
subsection (7) does not apply to the termination.
(7)
A State does not cease to be a referring State because of the termination of its amendment reference if:
(a)
the termination is effected by the Governor of that State fixing a day by Proclamation as the day on which the reference terminates; and
(b)
the day fixed is no earlier than the first day after the end of the period of 6 months beginning on the day on which the Proclamation is published; and
(c)
that State’s amendment reference, and the amendment reference of every other State, terminates on the same day.
Definitions
(8)
In this section:
amendment reference of a State means the reference by the Parliament of the State to the Parliament of the Commonwealth of the matter covered by subsection (4).
express amendment of this Act or the Transitional Act means the direct amendment of the text of this Act or the Transitional Act (whether by the insertion, omission, repeal, substitution or relocation of words or matter) by another Commonwealth Act or by an instrument under a Commonwealth Act, but does not include the enactment by a Commonwealth Act of a provision that has, or will have, substantive effect otherwise than as part of the text of this Act or the Transitional Act.
forfeiture means confiscation, seizure, extinguishment, cancellation, suspension or any other forfeiture.
referral law, of a State, means the Act of the State that refers the matter covered by subsection (4) to the Commonwealth Parliament.
referred provisions means:
(a)
the relevant version of this Act; and
(b)
the relevant version of the Transitional Act;
to the extent to which they deal with matters that are included in the legislative powers of the Parliaments of the States.
relevant version of the Transitional Act means the Transitional Act as originally enacted.
relevant version of this Act means:
(a)
if, at the time the State’s referral law was enacted, this Act had not been enacted—this Act as originally enacted; or
(b)
otherwise—this Act as originally enacted, and as later amended by the National Consumer Credit Protection Amendment Act 2010.
State law means:
(a)
any Act of the State or any instrument made under such an Act, whenever enacted or made and as in force from time to time; or
(b)
the general law, being the principles and rules of common law and equity to the extent that they have effect in the State from time to time.
State statutory right means a right, entitlement or authority that is granted by or under any Act of the State or any instrument made under such an Act, whenever enacted or made and as in force from time to time, other than a right, entitlement or authority that relates to:
(a)
credit covered by paragraph (a) of the definition of referred credit matter; or
(b)
a consumer lease covered by paragraph (b) of that definition.

20Meaning of referred credit matter

(1)
Referred credit matter means a matter relating to either of the following:
(a)
credit, being credit the provision of which would be covered by the expression “provision of credit to which this Code applies” in the initial National Credit Code;
(b)
consumer leases, being consumer leases each of which would be covered by the expression “consumer lease to which Part 11 applies” in the initial National Credit Code.
(2)Initial National Credit Code means Schedule 1 to the relevant version of this Act (within the meaning of subsection 19(8)).

21General application of this Act and the Transitional Act

Application in this jurisdiction
(1)
Each provision of this Act and the Transitional Act applies in this jurisdiction.
Geographical coverage of “this jurisdiction”
(2)
This jurisdiction means the geographical area that consists of:
(a)
each referring State (including its coastal sea); and
(b)
each Territory (including its coastal sea).
(3)
Throughout this Act and the Transitional Act, this jurisdictiontherefore consists of either:
(a)
if all of the States are referring States—the whole of Australia; or
(b)
if one or more States are not referring States—Australia (other than any State that is not a referring State).
Application outside this jurisdiction
(4)
Subject to subsection (5), each provision of this Act and the Transitional Act also applies, according to its tenor, in relation to acts and omissions outside this jurisdiction.
Application in non‑referring States
(5)
This Act does not apply to an act or omission in a State that is not a referring State to the extent to which that application would be beyond the legislative powers of the Parliament (including powers it has under paragraphs 51(xxxvii) and (xxxix) of the Constitution).
Residence, place of formation etc.
(6)
Each provision of this Act and the Transitional Act applies, according to its tenor, to:
(a)
natural persons whether:
(i)
resident in this jurisdiction or not; and
(ii)
resident in Australia or not; and
(iii)
Australian citizens or not; and
(b)
all bodies corporate and unincorporated bodies whether:
(i)
formed or carrying on a business in this jurisdiction or not; and
(ii)
formed or carrying on a business in Australia or not.

22When Acts bind Crown

(1)
This Act (other than the National Credit Code) and the Transitional Act do not bind the Crown in any of its capacities.
(2)
Despite subsection (1), the regulations may provide that this Act (other than the National Credit Code) and the Transitional Act, or specified provisions of this Act (other than the National Credit Code) or the Transitional Act, bind either or both of the following in circumstances (if any) prescribed by the regulations:
(a)
the Crown in right of the Commonwealth;
(b)
the Crown in all of its other capacities.
(3)
The National Credit Code binds the Crown in each of its capacities.
(4)
This Act and the Transitional Act do not make the Crown liable to be prosecuted for an offence or to any pecuniary penalty.

Division 3Interaction between the Commonwealth credit legislation and State and Territory laws23Concurrent operation intended

(1)
This Act and the Transitional Act (the Commonwealth credit legislation) are not intended to exclude or limit the concurrent operation of any law of a State or Territory.
(2)
If:
(a)
an act or omission of a person is both an offence against the Commonwealth credit legislation and an offence against the law of a State or Territory; and
(b)
the person is convicted of either of those offences;
the person is not liable to be convicted of the other of those offences.
(3)
This section does not apply to a law of a State or Territory if there is a direct inconsistency between that law and the Commonwealth credit legislation.
Note: Section 25 avoids direct inconsistency arising in some cases by limiting the operation of the Commonwealth credit legislation.

24When Commonwealth credit legislation does not apply

(1)
Subsection (2) applies if a provision of a law of a referring State or a Territory declares a matter to be an excluded matter for the purposes of this section in relation to:
(a)
the whole of the Commonwealth credit legislation; or
(b)
a specified provision of the Commonwealth credit legislation; or
(c)
the Commonwealth credit legislation other than a specified provision; or
(d)
the Commonwealth credit legislation otherwise than to a specified extent.
(2)
By force of this subsection:
(a)
none of the provisions of the Commonwealth credit legislation (other than this section) applies in or in relation to the State or Territory with respect to the matter if the declaration is one to which paragraph (1)(a) applies; and
(b)
the specified provision of the Commonwealth credit legislation does not apply in or in relation to the State or Territory with respect to the matter if the declaration is one to which paragraph (1)(b) applies; and
(c)
the provisions of the Commonwealth credit legislation (other than this section and the specified provisions) do not apply in or in relation to the State or Territory with respect to the matter if the declaration is one to which paragraph (1)(c) applies; and
(d)
the provisions of the Commonwealth credit legislation (other than this section and otherwise than to the specified extent) do not apply in or in relation to the State or Territory with respect to the matter if the declaration is one to which paragraph (1)(d) applies.
(3)
Subsection (2) does not apply to the declaration to the extent to which the regulations provide that that subsection does not apply to that declaration.

25Avoiding direct inconsistency between Commonwealth and State and Territory laws

This section overrides other Commonwealth credit legislation
(1)
This section has effect despite anything else in the Commonwealth credit legislation.

When this section does not apply to a State or Territory law
(2)
This section does not apply to a provision of a law of a referring State or a Territory that is capable of concurrent operation with the Commonwealth credit legislation.
Note: This kind of provision is dealt with by section 23.
When this section applies to a State or Territory law
(3)
This section applies to the interaction between a provision (the displacement provision) of a law of a referring State or a Territory and a provision (the Commonwealth provision) of the Commonwealth credit legislation only if the displacement provision is declared by a law of the State or Territory to be a Commonwealth credit legislation displacement provision for the purposes of this section (either generally or specifically in relation to the Commonwealth provision).
Effect of displacement provision
(4)
The Commonwealth provision does not:
(a)
prohibit the doing of an act; or
(b)
impose a liability (whether civil or criminal) for doing an act;
if the displacement provision specifically permits, authorises or requires the doing of that act.
(5)
The Commonwealth provision does not operate in or in relation to the State or Territory to the extent necessary to ensure that no inconsistency arises between:
(a)
the Commonwealth provision; and
(b)
the displacement provision to the extent to which the displacement provision would, apart from this subsection, be inconsistent with the Commonwealth provision.
Note 1: The displacement provision is not covered by this subsection if subsection (4) applies to the displacement provision: if that subsection applies there would be no potential inconsistency to be dealt with by this subsection.
Note 2: The operation of the displacement provision will be supported by section 23 to the extent to which it can operate concurrently with the Commonwealth provision.
(6)
Subsections (4) and (5) do not apply in relation to the displacement provision to the extent to which the regulations provide that those subsections do not apply in relation to the displacement provision.

26Regulations to deal with interaction between laws

(1)
The regulations may modify the operation of the Commonwealth credit legislation so that:
(a)
provisions of the Commonwealth credit legislation do not apply to a matter that is dealt with by a law of a referring State or a Territory specified in the regulations; or
(b)
no inconsistency arises between the operation of a provision of the Commonwealth credit legislation and the operation of a provision of a law of a referring State or a Territory specified in the regulations.
(2)
Without limiting subsection (1), regulations made for the purposes of that subsection may provide that a provision of the Commonwealth credit legislation:
(a)
does not apply to:
(i)
a person specified in the regulations; or
(ii)
a body specified in the regulations; or
(iii)
circumstances specified in the regulations; or
(iv)
a person or body specified in the regulations in the circumstances specified in the regulations; or
(b)
does not prohibit an act to the extent to which the prohibition would otherwise give rise to an inconsistency with a law of a referring State or a Territory; or
(c)
does not require a person to do an act to the extent to which the requirement would otherwise give rise to an inconsistency with a law of a referring State or a Territory; or
(d)
does not authorise a person to do an act to the extent to which the conferral of that authority on the person would otherwise give rise to an inconsistency with a law of a referring State or a Territory; or
(e)
does not impose an obligation on a person to the extent to which complying with that obligation would require the person not to comply with an obligation imposed on the person under a law of a referring State or a Territory; or
(f)
authorises a person to do something for the purposes of the Commonwealth credit legislation that the person:
(i)
is authorised to do under a law of a referring State or a Territory; and
(ii)
would not otherwise be authorised to do under the Commonwealth credit legislation; or
(g)
will be taken to be satisfied if a law of a referring State or a Territory is satisfied.

Chapter 2Licensing of persons who engage in credit activitiesPart 2‑1Requirement to be licensed to engage in credit activitiesDivision 1Introduction27Guide to this Part

This Part is about the licensing of persons to engage in credit activities. In general, a person cannot engage in a credit activity if the person does not hold an Australian credit licence.
Division 2 prohibits a person from engaging in credit activities without an Australian credit licence. However, the prohibition does not apply to employees and directors of licensees or related bodies corporate of licensees, or to credit representatives of licensees.
Division 3 deals with other prohibitions relating to the requirement to be licensed and to credit activities. These prohibitions relate to holding out and advertising, conducting business with unlicensed persons, and charging fees for unlicensed conduct.

Division 2Engaging in credit activities without a licence28Application of this Division

This Division applies on or after 1 July 2011, or a later day prescribed by the regulations.

29Prohibition on engaging in credit activities without a licence

Prohibition on engaging in credit activities without a licence
(1)
A person must not engage in a credit activity if the person does not hold a licence authorising the person to engage in the credit activity.
Civil penalty: 5,000 penalty units.
Offence
(2)
A person commits an offence if:
(a)
the person is subject to a requirement under subsection (1); and
(b)
the person engages in conduct; and
(c)
the conduct contravenes the requirement.
Criminal penalty: 2 years imprisonment.
Defences
(3)
For the purposes of subsections (1) and (2), it is a defence if:
(a)
the person engages in the credit activity on behalf of another person (the principal); and
(b)
the person is:
(i)
an employee or director of the principal or of a related body corporate of the principal; or
(ii)
a credit representative of the principal; and
(c)
the person’s conduct in engaging in the credit activity is within the authority of the principal; and
(d)
the principal holds a licence authorising the principal to engage in the credit activity.
Note: For the purposes of subsection (2), a defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).
(4)
For the purposes of subsections (1) and (2), it is a defence if:
(a)
the person engages in the credit activity on behalf of another person (the principal); and
(b)
the person is a representative of the principal; and
(c)
the person’s conduct in engaging in the credit activity is within the authority of the principal; and
(d)
the principal is exempted from subsections (1) and (2) under paragraph 109(1)(a), 109(3)(a) or 110(1)(a).
Note: For the purposes of subsection (2), a defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code).

Division 3Other prohibitions relating to the requirement to be licensed30Prohibitions on holding out and advertising etc.

Prohibitions on holding out and advertising etc.
(1)
A person must not hold out:
(a)
that the person holds a licence; or
(b)
that the person holds a licence authorising the person to engage in a particular credit activity; or
(c)
that a credit activity engaged in by the person or by someone else is exempt from a requirement to hold a licence; or
(d)
that, in engaging in a credit activity, the person acts on behalf of another person; or
(e)
that conduct, or proposed conduct, of the person is within the authority of a licensee;
if that is not the case.
Civil penalty: 5,000 penalty units.
(2)
A person must not hold out or advertise that the person engages or is able to engage in a credit activity if the person would, if the person engaged in the credit activity, contravene section 29 (which deals with the requirement to be licensed).
Civil penalty: 5,000 penalty units.
Offence
(3)
A person commits an offence if:
(a)
the person is subject to a requirement under subsection (1) or (2); and
(b)
the person engages in conduct; and
(c)
the conduct contravenes the requirement.
Criminal penalty: 1 year imprisonment.

31Prohibition on conducting business with unlicensed persons

Prohibition on conducting business with unlicensed persons
(1)
A licensee must not:
(a)
engage in a credit activity; and
(b)
in the course of engaging in that credit activity, conduct business with another person who is engaging in a credit activity;
if, by engaging in the credit activity, the other person contravenes section 29 (which deals with the requirement to be licensed).
Civil penalty: 5,000 penalty units.
Offence
(2)
A person commits an offence if:
(a)
the person is subject to a requirement under subsection (1); and
(b)
the person engages in conduct; and
(c)
the conduct contravenes the requirement.
Criminal penalty: 2 years imprisonment.

32Prohibition on charging a fee etc.

Prohibition on charging a fee etc.
(1)
A person must not demand, receive or accept any fee, charge or other amount from a consumer for engaging in a credit activity if, by engaging in that credit activity, the person contravenes, or would contravene, section 29 (which deals with the requirement to be licensed).
Civil penalty: 5,000 penalty units.
Offence
(2)
A person commits an offence if:
(a)
the person is subject to a requirement under subsection (1); and
(b)
the person engages in conduct; and
(c)
the conduct contravenes the requirement.
Criminal penalty: 1 year imprisonment.

Part 2‑2Australian credit licencesDivision 1Introduction34Guide to this Part

This Part is about Australian credit licences.
Division 2 explains what an Australian credit licence is and the credit activities that are authorised by it.
Division 3 is about how to get an Australian credit licence, including how to apply for it and when ASIC may grant or refuse to grant it.
Division 4 is about the conditions that may be imposed on an Australian credit licence.
Division 5 is about conduct obligations of licensees.
Division 6 is about the suspension, cancellation or variation of an Australian credit licence.

Division 2Australian credit licences35Australian credit licences

(1)
An Australian credit licence is a licence that authorises the licensee to engage in particular credit activities.
(2)
The credit activities that the licensee is authorised to engage in are those credit activities specified in a condition of the licence as the credit activities that the licensee is authorised to engage in.

Division 3How to get an Australian credit licence36Applying for a licence

(1)
A person may apply for a licence by lodging an application with ASIC on or after 1 July 2010, or a later day prescribed by the regulations.
(2)
The application must be in the approved form.

37When a licence may be granted – applicants other than ADIs

When ASIC must grant a licence
(1)
ASIC must grant a person (other than an ADI) a licence if (and must not grant the person a licence unless):
(a)
the person has applied for the licence in accordance with section 36; and
(b)
ASIC has no reason to believe that the person is likely to contravene the obligations that will apply under section 47 if the licence is granted; and
(c)
the requirement in section 37A (fit and proper person test) is satisfied in relation to the applicant and the licence applied for; and
(e)
the person meets any other requirements prescribed by the regulations.
Note: ASIC must not grant a licence to a person contrary to a banning order or disqualification order, or if a prescribed State or Territory order is in force against the person or certain representatives of the person (see section 40).
False, misleading or incomplete information
(2)
ASIC must refuse to grant the licence if ASIC is satisfied that:
(a)
the application for the licence, or any information, audit report or statement lodged with ASIC in accordance with subsection (4), was false in a material particular or materially misleading; or
(b)
there was an omission of a material matter from the application or the information, audit report or statement.
ASIC may request information etc. from applicant
(4)
ASIC may give a written notice to a person who has applied for a licence requesting the person to lodge with ASIC, within the time specified in the notice, any of the following:
(a)
information specified in the notice in relation to any matters that ASIC may have regard to in deciding whether to grant the licence;
(b)
an audit report, prepared by a suitably qualified person specified in the notice, in relation to matters that ASIC may have regard to in deciding whether to grant the licence;
(c)
if ASIC proposes to grant the applicant a licence—a statement that either:
(i)
informs ASIC of any material changes in any information provided to ASIC in, or in connection with, the application; or
(ii)
confirms that there have been no such changes.
(5)
To avoid doubt:
(a)
a notice under subsection (4), and the information, audit report or statement requested in the notice, may relate to any person mentioned in section 37A in relation to the applicant and the licence applied for; and
(b)
subsection (7) applies in relation to such a request even if the applicant is unable to comply with the request.
(6)
ASIC may, by written notice to the applicant before the time specified in the notice:
(a)
withdraw a request under subsection (4); or
(b)
extend the time specified in the notice.
(7)
If the applicant does not lodge with ASIC the information, audit report or statement requested by ASIC in a notice under subsection (4) within the specified time, the applicant is taken to have withdrawn the application.
(8)
To avoid doubt, section 41 does not apply to an application that is taken to have been withdrawn under subsection (7) of this section.

37AFit and proper person test

(1)
For the purposes of paragraph 37(1)(c), subsection 46A(2) and paragraph 55(1)(c), the requirement in this section is satisfied in relation to a person (the first person) and a licence, or a proposed licence, if ASIC is satisfied that there is no reason to believe any of the following:
(a)
that the first person is not a fit and proper person to engage in the credit activities authorised by the licence;
(b)
if the first person is a body corporate—that an officer (within the meaning of the Corporations Act 2001) of the first person is not a fit and proper person to perform one or more functions as an officer of a person that engages in the credit activities authorised by the licence;
(c)
if the first person is a partnership or the multiple trustees of a trust:
(i)
that any of the partners or trustees are not fit and proper persons to engage in the credit activities authorised by the licence; or
(ii)
that any of the senior managers of the partnership or the trust are not fit and proper persons to perform one or more functions as an officer (within the meaning of the Corporations Act 2001) of a person that engages in the credit activities authorised by the licence;
(d)
that any person who controls the first person is not a fit and proper person to control a person that engages in the credit activities authorised by the licence;
(e)
if a controller mentioned in paragraph (d) is a body corporate—that an officer (within the meaning of the Corporations Act 2001) of the controller is not a fit and proper person to perform one or more functions as an officer of an entity (as defined by section 64A of that Act) that controls a person that engages in the credit activities authorised by the licence;
(f)
if a controller mentioned in paragraph (d) is a partnership or the multiple trustees of a trust:
(i)
that any of the partners or trustees are not fit and proper persons to control a person that engages in the credit activities authorised by the licence; or
(ii)
that any of the senior managers of the partnership or the trust are not fit and proper persons to perform one or more functions as an officer (within the meaning of the Corporations Act 2001) of an entity (as defined by section 64A of that Act) that controls a person that engages in the credit activities authorised by the licence.
(2)
In considering whether a person is fit and proper for a purpose mentioned in subsection (1), ASIC must have regard to the matters in section 37B.

37BFit and proper person test – matters to which ASIC must have regard

(1)
ASIC must have regard to the matters set out in subsection (2) (subject to Part VIIC of the Crimes Act 1914) for the purposes of applying any of the following provisions to a person:
(a)
a paragraph of subsection 37A(1);
(b)
paragraph 80(1)(f).
Note: Part VIIC of the Crimes Act 1914 includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them.
(2)
The matters are as follows:
(a)
whether any of the following of the person has ever been suspended or cancelled:
(i)
a licence, or a registration under the Transitional Act;
(ii)
an Australian financial services licence;
(b)
whether any of the following has ever been made against the person:
(i)
a banning order, or a disqualification order under Part 2‑4;
(ii)
a banning order, or a disqualification order, under Division 8 of Part 7.6 of the Corporations Act 2001;
(c)
if the person is an individual—whether the person has ever been disqualified under the Corporations Act 2001, or any other law of the Commonwealth or of a State or Territory, from managing corporations;
(d)
whether the person has ever been banned from engaging in a credit activity under a law of a State or Territory;
(e)
whether the person has ever been linked to a refusal or failure to give effect to a determination made by AFCA (within the meaning of the Corporations Act 2001);
(f)
if the person is not the multiple trustees of a trust—whether the person has ever been insolvent;
(g)
if the person is the multiple trustees of a trust—whether a trustee of the trust has ever been insolvent;
(h)
whether, in the last 10 years, the person has been convicted of an offence;
(i)
any relevant information given to ASIC by a State or Territory, or an authority of a State or Territory, in relation to the person;
(j)
any other matter prescribed by the regulations;
(k)
any other matter ASIC considers relevant.

38When a licence may be granted – ADIs

If:
(a)
an ADI applies under section 36 for a licence; and
(b)
the application includes a statement (in accordance with the requirements of the approved form) to the effect that the ADI will, if granted the licence, comply with its obligations as a licensee;
then ASIC must grant the ADI a licence authorising the ADI to engage in credit activities that equate (as closely as possible) to the credit activities in relation to which the application was made.
Note: ASIC must not grant a licence to a person contrary to a banning order or disqualification order, or if a prescribed State or Territory order is in force against the person or certain representatives of the person (see section 40).

39Regulations may prescribe streamlined process for other applicants

Despite sections 36 and 37, the regulations may provide that:
(a)
some or all of sections 36 and 37 do not apply in relation to particular classes of applicants; and
(b)
alternative processes apply to applications for licences by, and the grant of licences to, those classes of applicants.

40Licences must not be granted to certain applicants

Banning or disqualification order in force against person
(1)
Despite subsection 37(1) and section 38, ASIC must not grant a licence that authorises a person to engage in a credit activity if a banning order or disqualification order under Part 2‑4 is in force against the person in relation to that credit activity.
Prescribed State or Territory order in force against person etc.
(2)
Despite subsection 37(1) and section 38, ASIC must not grant a licence to a person if:
(a)
the person is a natural person against whom a prescribed State or Territory order is in force; or
(b)
the person is a body corporate, and a prescribed State or Territory order is in force against a director, secretary or senior manager of the body corporate who would perform duties in relation to the credit activities to be authorised by the licence; or

s 132..........................................	am No 17, 2019
Division 4
s 133..........................................	am No 130, 2012; No 9, 2018; No 17, 2019; No 87, 2022; No 138, 2024
Part 3‑2A
Part 3‑2A...................................	ad. No. 84, 2011
Division 1
s. 133A......................................	ad. No. 84, 2011
Division 2
s. 133AA....................................	ad. No. 84, 2011
s. 133AB....................................	ad. No. 84, 2011
s 133AC.....................................	ad No 84, 2011
am No 17, 2019
s 133AD.....................................	ad No 84, 2011
am No 17, 2019
s 133AE.....................................	ad No 84, 2011
am No 17, 2019
s. 133AF....................................	ad. No. 84, 2011
Part 3‑2B
Part 3‑2B....................................	ad. No. 84, 2011
Division 1
s 133B.......................................	ad No 84, 2011
am No 9, 2018
Division 2
s. 133BA....................................	ad. No. 84, 2011
Division 3
s 133BB.....................................	ad No 84, 2011
s 133BC.....................................	ad No 84, 2011
am No 17, 2019
s 133BD.....................................	ad No 84, 2011
am No 17, 2019
Division 4
Division 4 heading......................	rs No 9, 2018
s 133BE.....................................	ad No 84, 2011
am No 9, 2018; No 17, 2019; No 138, 2024
s 133BF.....................................	ad No 84, 2011
rep No 9, 2018
ad No 9, 2018
am No 17, 2019
s 133BFA...................................	ad No 9, 2018
am No 17, 2019
s 133BFB...................................	ad No 9, 2018
am No 17, 2019
s 133BFC...................................	ad No 9, 2018
am No 17, 2019
s 133BG.....................................	ad No 84, 2011
rep No 9, 2018
Division 5
s 133BH.....................................	ad No 84, 2011
am No 17, 2019
s 133BI......................................	ad No 84, 2011
s 133BJ......................................	ad No 84, 2011
am No 17, 2019
Division 6
s 133BO.....................................	ad No 84, 2011
am No 17, 2019
s. 133BP....................................	ad. No. 84, 2011
s. 133BQ....................................	ad. No. 84, 2011
s. 133BR....................................	ad. No. 84, 2011
Division 7
Division 7..................................	ad No 9, 2018
s 133BS.....................................	ad No 9, 2018
am No 17, 2019
Division 8
Division 8..................................	ad No 9, 2018
s 133BT.....................................	ad No 9, 2018
am No 17, 2019
s 133BU.....................................	ad No 9, 2018
am No 17, 2019
s 133BV.....................................	ad No 9, 2018
am No 17, 2019
s 133BW....................................	ad No 9, 2018
am No 17, 2019
Part 3‑2BA
Part 3‑2BA.................................	ad No 138, 2024
Division 1
s 133BX.....................................	ad No 138, 2024
s 133BXA..................................	ad No 138, 2024
Division 2
s 133BXB..................................	ad No 138, 2024
s 133BXC..................................	ad No 138, 2024
s 133BXD..................................	ad No 138, 2024
s 133BXE...................................	ad No 138, 2024
s 133BXF...................................	ad No 138, 2024
Division 3
s 133BXG..................................	ad No 138, 2024
Part 3‑2C
Part 3‑2C....................................	ad. No. 130, 2012
Division 1
s 133C.......................................	ad No 130, 2012
am No 87, 2022
Division 2
s 133CA.....................................	ad No 130, 2012
am No 17, 2019
s 133CB.....................................	ad No 130, 2012
am No 17, 2019
rs No 87, 2022
s 133CC.....................................	ad No 130, 2012
am No 17, 2019; No 87, 2022
s 133CD.....................................	ad No 87, 2022
s 133CE.....................................	ad No 87, 2022
s 133CF.....................................	ad No 87, 2022
Part 3‑2CA
Part 3‑2CA.................................	ad No 5, 2021
Division 1
s 133CM....................................	ad No 5, 2021
s 133CN.....................................	ad No 5, 2021
s 133CO.....................................	ad No 5, 2021
s 133CP.....................................	ad No 5, 2021
am No 5, 2021
s 133CQ.....................................	ad No 5, 2021
Division 2
Subdivision A
s 133CR.....................................	ad No 5, 2021
s 133CS.....................................	ad No 5, 2021
s 133CT.....................................	ad No 5, 2021
Subdivision B
s 133CU.....................................	ad No 5, 2021
am No 5, 2021
s 133CV.....................................	ad No 5, 2021
s 133CW....................................	ad No 5, 2021
Subdivision C
s 133CX.....................................	ad No 5, 2021
s 133CY.....................................	ad No 5, 2021
s 133CZ.....................................	ad No 5, 2021
Division 3
s 133CZA...................................	ad No 5, 2021
s 133CZB...................................	ad No 5, 2021
Division 4
s 133CZC...................................	ad No 5, 2021
s 133CZD...................................	ad No 5, 2021
s 133CZE...................................	ad No 5, 2021
Division 5
s 133CZF...................................	ad No 5, 2021
s 133CZG...................................	ad No 5, 2021
s 133CZH...................................	ad No 5, 2021
s 133CZI....................................	ad No 5, 2021
s 133CZJ....................................	ad No 5, 2021
Division 6
s 133CZK...................................	ad No 5, 2021
s 133CZL...................................	ad No 5, 2021
s 133CZM..................................	ad No 5, 2021
s 133CZN...................................	ad No 5, 2021
Part 3‑2D
Part 3‑2D...................................	ad No 130, 2012
s 133DA.....................................	ad No 130, 2012
s 133DB.....................................	ad No 130, 2012
am No 17, 2019
s 133DC.....................................	ad No 130, 2012
am No 17, 2019
s 133DD.....................................	ad No 130, 2012
am No 17, 2019
s 133DE.....................................	ad No 130, 2012
am No 17, 2019
Part 3‑3
Division 1
s 134..........................................	am No 2, 2020; No 87, 2022
Division 2
s 136..........................................	am No 13, 2018; No 17, 2019; No 2, 2020
Division 3
s 137..........................................	am No 17, 2019
Division 4
s 138..........................................	am No 17, 2019
s 140..........................................	am No 17, 2019; No 87, 2022
s 141..........................................	am No 17, 2019
s 142..........................................	am No 17, 2019
s 143..........................................	am No 17, 2019
Division 5
Division 5 heading......................	am No 2, 2020
s 144..........................................	am No 17, 2019; No 2, 2020
s 145..........................................	am No 17, 2019
Division 6
s 146..........................................	am No 17, 2019
s 147..........................................	am No 130, 2012; No 17, 2019
Division 7
Division 7..................................	ad No 87, 2022
s 147A.......................................	ad No 87, 2022
s 147B.......................................	ad No 87, 2022
Part 3‑4
Division 1
s 148..........................................	am No 130, 2012; No 87, 2022
Division 2
s 149..........................................	am No 13, 2018; No 17, 2019
s 150..........................................	am No 13, 2018; No 17, 2019
Division 3
Division 3 heading......................	rs No 130, 2012
s 151..........................................	rs No 130, 2012
am No 17, 2019; No 64, 2020
s. 152.........................................	am. No. 130, 2012
s 153..........................................	am No 130, 2012; No 17, 2019; No 87, 2022
s 154..........................................	am No 17, 2019
s 155..........................................	am No 17, 2019
Division 4
s 156..........................................	am No 17, 2019
Division 5
Division 5..................................	ad No 87, 2022
s 156A.......................................	ad No 87, 2022
s 156B.......................................	ad No 87, 2022
s 156C.......................................	ad No 87, 2022
Part 3‑5
Division 2
s 158..........................................	am No 5, 2011; No 13, 2018; No 17, 2019; No 2, 2020; No 138, 2024
Part 3‑5A
Part 3‑5A...................................	ad No 2, 2020
Division 1
Subdivision A
s 158K.......................................	ad No 2, 2020
Subdivision B
s 158KA.....................................	ad No 2, 2020
s 158KB.....................................	ad No 2, 2020
s 158KC.....................................	ad No 2, 2020
Division 2
Subdivision A
s 158L........................................	ad No 2, 2020
s 158LA.....................................	ad No 2, 2020
s 158LB.....................................	ad No 2, 2020
Subdivision B
s 158LD.....................................	ad No 2, 2020
s 158LE.....................................	ad No 2, 2020
s 158LF......................................	ad No 2, 2020
Division 4
Subdivision A
s 158N.......................................	ad No 2, 2020
s 158NA.....................................	ad No 2, 2020
Subdivision B
s 158NB.....................................	ad No 2, 2020
s 158NC.....................................	ad No 2, 2020
Subdivision C
s 158ND.....................................	ad No 2, 2020
s 158NE.....................................	ad No 2, 2020
s 158NF.....................................	ad No 2, 2020
Division 6
s 158T........................................	ad No 2, 2020
Part 3‑6
Division 2
s 160..........................................	am No 13, 2018; No 17, 2019; No 2, 2020; No 138, 2024
Part 3‑6A
Part 3‑6A...................................	ad. No. 130, 2012
Division 1
s 160A.......................................	ad No 130, 2012
am No 9, 2018; No 87, 2022
Division 2
s 160B.......................................	ad No 130, 2012
am No 17, 2019; No 2, 2020
s 160C.......................................	ad No 130, 2012
am No 17, 2019; No 8, 2020
Division 2A
Division 2A................................	ad No 87, 2022
s 160CA.....................................	ad No 87, 2022
s 160CB.....................................	ad No 87, 2022
Division 3
s 160D.......................................	ad No 130, 2012
am No 17, 2019
Division 4
s 160E........................................	ad No 130, 2012
am No 17, 2019
Division 5
Division 5..................................	ad No 9, 2018
s 160F........................................	ad No 9, 2018
Division 6
Division 6..................................	ad No 87, 2022
s 160G.......................................	ad No 87, 2022
am No 138, 2024
Part 3‑7
Division 2
s 163..........................................	am No 49, 2019
Chapter 4
Part 4‑1
Division 2
s 167..........................................	am No 17, 2019; No 141, 2020
s 167A.......................................	ad No 17, 2019
s 167B.......................................	ad No 17, 2019
s 167C.......................................	ad No 17, 2019
s 167D.......................................	ad No 17, 2019
Division 3
s 169..........................................	rs No 17, 2019
s 171..........................................	am No 17, 2019
s 172..........................................	am No 17, 2019
s 173..........................................	am No 17, 2019
s 174..........................................	am No 17, 2019
s 175..........................................	am No 17, 2019
s 175A.......................................	ad No 17, 2019
s 175B.......................................	ad No 17, 2019
s 175C.......................................	ad No 17, 2019
s 175D.......................................	ad No 17, 2019
s 175E........................................	ad No 17, 2019
Part 4‑2
Division 2
s. 179.........................................	am. No. 130, 2012
s. 180.........................................	am. No. 130, 2012
s. 180A......................................	ad. No. 130, 2012
s 181..........................................	am No 130, 2012
rs No 17, 2019
s. 184.........................................	am. No. 130, 2012
Part 4‑3
Division 1
s 185..........................................	am No 13, 2013; No 13, 2021
Division 2
Subdivision B
s 187..........................................	am No 13, 2013; No 154, 2020; No 13, 2021
s 189..........................................	am No 13, 2013; No 154, 2020 (amdt never applied (Sch 2 item 86)); No 13, 2021
Subdivision C
s 191..........................................	am No 13, 2013; No 13, 2021
s 194..........................................	am No 141, 2020
Subdivision D
s 199..........................................	am No 130, 2012; No 13, 2013; No 13, 2021
s. 200.........................................	am. No. 130, 2012
Division 3
Subdivision A
s 203..........................................	am No 41, 2024
Subdivision B
s 203A ......................................	ad No 41, 2024
s 204..........................................	am No 154, 2020; No 41, 2024
s 207..........................................	am No 17, 2019
Chapter 5
Part 5‑1
Part 5‑1 heading..........................	rs No 69, 2020
Division 1
s 212..........................................	rs No 69, 2020
am No 38, 2024
Division 1A
Division 1A................................	ad No 69, 2020
Subdivision A
s 212A.......................................	ad No 69, 2020
s 212B.......................................	ad No 69, 2020
s 212C.......................................	ad No 69, 2020
s 212D.......................................	ad No 69, 2020
s 212E........................................	ad No 69, 2020
s 212F........................................	ad No 69, 2020
s 212G.......................................	ad No 69, 2020
Subdivision B
s 212H.......................................	ad No 69, 2020
s 212J........................................	ad No 69, 2020
s 212K.......................................	ad No 69, 2020
Subdivision C
s 212L........................................	ad No 69, 2020
s 212M.......................................	ad No 69, 2020
s 212N.......................................	ad No 69, 2020
am No 24, 2024
s 212P........................................	ad No 69, 2020
s 212Q.......................................	ad No 69, 2020
s 212R.......................................	ad No 69, 2020
Subdivision D
s 212S........................................	ad No 69, 2020
s 212T........................................	ad No 69, 2020
s 212U.......................................	ad No 69, 2020
Division 2
Division 2 heading......................	am No 69, 2020
s 213..........................................	rs No 69, 2020
s 214..........................................	rep No 69, 2020
Part 5‑2
Division 2
s 218..........................................	am No 17, 2019
Division 3
s 220..........................................	am No 17, 2019
Division 4
s 225..........................................	am No 17, 2019
rs No 3, 2020
Part 5‑3
Division 2
s 227..........................................	am No 17, 2019; No 69, 2020
s 228..........................................	am No 17, 2019
s 229..........................................	am No 17, 2019
Part 5‑4
Division 2
s 233..........................................	am No 69, 2020
s 236..........................................	am No 69, 2020
s 237..........................................	am No 69, 2020
Part 5‑5
Division 1A
Division 1A................................	ad No 135, 2020
Subdivision A
s 238A.......................................	ad No 135, 2020
s 238B.......................................	ad No 135, 2020
s 238C.......................................	ad No 135, 2020
s 238D.......................................	ad No 135, 2020
s 238E........................................	ad No 135, 2020
Subdivision B
s 238F........................................	ad No 135, 2020
s 238G.......................................	ad No 135, 2020
Division 2
s 240..........................................	am No 17, 2019; No 69, 2020
s 241..........................................	rep No 135, 2020
s 243..........................................	am No 3, 2020
s 245..........................................	am No 13, 2018
Part 6‑2
Division 2
s 256..........................................	am No 17, 2019
s 256A.......................................	ad No 69, 2023
s 259..........................................	am No 17, 2019
s 260..........................................	am No 17, 2019
Part 6‑3
Division 1
s 262..........................................	am No 3, 2020
Division 2
s 263..........................................	am No 3, 2020; No 64, 2020
s 265..........................................	am No 5, 2021
s 266..........................................	am No 49, 2019; No 5, 2021
s 267..........................................	am No 5, 2021
s 269..........................................	rep No 3, 2020
s 270..........................................	rep No 3, 2020
s 271..........................................	am No 3, 2020
Part 6‑3A
Part 6‑3A...................................	ad No 3, 2020
Division 1
s 272A.......................................	ad No 3, 2020
Division 2
Subdivision A
s 272B.......................................	ad No 3, 2020
s 272C.......................................	ad No 3, 2020
Subdivision B
s 272D.......................................	ad No 3, 2020
s 272E........................................	ad No 3, 2020
s 272F........................................	ad No 3, 2020
am No 89, 2022
s 272G.......................................	ad No 3, 2020
Part 6‑5
Division 2
s 281..........................................	am No 69, 2020
s 282..........................................	am No 17, 2019
s 285A.......................................	ad No 69, 2023
Part 6‑5A
Part 6‑5A...................................	ad No 17, 2019
Division 1
s 288A.......................................	ad No 17, 2019
Division 2
s 288B.......................................	ad No 17, 2019
s 288C.......................................	ad No 17, 2019
s 288D.......................................	ad No 17, 2019
s 288E........................................	ad No 17, 2019
s 288F........................................	ad No 17, 2019
s 288G.......................................	ad No 17, 2019
Part 6‑5B
Part 6‑5B....................................	ad No 17, 2019
Division 1
s 288H.......................................	ad No 17, 2019
Division 2
s 288J........................................	ad No 17, 2019
s 288K.......................................	ad No 17, 2019
am No 135, 2020
s 288L........................................	ad No 17, 2019
am No 127, 2021
s 288M.......................................	ad No 17, 2019
am No 127, 2021
s 288N.......................................	ad No 17, 2019
s 288P........................................	ad No 17, 2019
s 288Q.......................................	ad No 17, 2019
s 288R.......................................	ad No 17, 2019
s 288S........................................	ad No 17, 2019
Part 6‑6
Part 6‑6 heading..........................	rs No 17, 2019
Division 2
s 290..........................................	am No 17, 2019
s 291..........................................	am No 17, 2019
s 292..........................................	am No 17, 2019
rep No 3, 2020
s 293..........................................	am No 17, 2019
s 294..........................................

am No 17, 2019
s 296..........................................	am No 17, 2019
Part 6‑7
Division 2
s 301..........................................	am No 17, 2019
Part 6‑7A
Part 6‑ 7A...................................	ad No 50, 2019
Division 1
s 301A.......................................	ad No 50, 2019
Division 2
s 301B.......................................	ad No 50, 2019
s 301C.......................................	ad No 50, 2019
s 301D.......................................	ad No 50, 2019
am No 72, 2021
s 301E........................................	ad No 50, 2019
s 301F........................................	ad No 50, 2019
s 301G.......................................	ad No 50, 2019
s 301H.......................................	ad No 50, 2019
s 301J........................................	ad No 50, 2019
s 301K.......................................	ad No 50, 2019
s 301L........................................	ad No 50, 2019
s 301M.......................................	ad No 50, 2019
s 301N.......................................	ad No 50, 2019
s 301P........................................	ad No 50, 2019
am No 17, 2019
Part 6‑8
Division 2
s 307..........................................	am No 5, 2021
Part 6‑9
Division 2
s 319..........................................	am No 17, 2019
Chapter 7
Part 7‑1
Division 1
s 323..........................................	am No 69, 2020; No 87, 2022; No 38, 2024; No 138, 2024
Division 1A
Division 1A................................	ad No 87, 2022
s 323A.......................................	ad No 87, 2022
am No 138, 2024
s 323B.......................................	ad No 87, 2022
am No 138, 2024
s 323C.......................................	ad No 87, 2022
s 323D.......................................	ad No 87, 2022
Division 3
Division 3 heading......................	rs No 69, 2020
s 327..........................................	am No 50, 2019; No 69, 2020 (Sch 1 items 1411, 1412); No 135, 2020; No 46, 2023; No 38, 2024
s 328..........................................	am No 69, 2020; No 38, 2024
Division 4
s 331..........................................	rep No 17, 2019
Division 5
s 331..........................................	ad No 138, 2024
s 335A.......................................	ad No 130, 2012
am No. 130, 2012
rep No 87, 2022
s 337..........................................	am No 50, 2019
Schedule 1
Part 1
s 13............................................	am No 17, 2019
s 13A.........................................	ad No 130, 2012
Part 1A
Part 1A......................................	ad No 138, 2024
s 13B.........................................	ad No 138, 2024
s 13C.........................................	ad No 138, 2024
s 13D.........................................	ad No 138, 2024
s 13E.........................................	ad No 138, 2024
Part 2
Division 1
s 16............................................	am No 76, 2023; No 138, 2024
s 17............................................	am No 130, 2012; No 138, 2024
s. 18A........................................	ad. No. 130, 2012
s. 18B........................................	ad. No. 130, 2012
s 18C.........................................	ad No 130, 2012
am No 17, 2019
s. 19...........................................	am. No. 130, 2012
s. 22...........................................	am. No. 130, 2012
Division 2
s. 23...........................................	am. No. 84, 2011; No. 130, 2012
s. 23A........................................	ad. No. 130, 2012
s 24............................................	am No 130, 2012; No 17, 2019
s. 24A........................................	ad. No. 130, 2012
s. 26...........................................	am. No. 130, 2012
Division 3
s. 27A........................................	ad. No. 130, 2012
s 30B.........................................	ad No 84, 2011
am No 17, 2019
Division 4
s. 31...........................................	am. No. 130, 2012
s. 31A........................................	ad. No. 130, 2012
s. 31B........................................	ad. No. 130, 2012
s 31C.........................................	ad No 87, 2022
s. 32...........................................	rs. No. 130, 2012
Division 4A
Division 4A	ad. No. 130, 2012
s 32A.........................................	ad No 130, 2012
am No 138, 2024
s. 32AA.....................................	ad. No. 130, 2012
s. 32B........................................	ad. No. 130, 2012
Division 5
s 33............................................	am No 84, 2011; No 130, 2012; No 138, 2024
s 34............................................	am No 84, 2011; No 130, 2012; No 138, 2024
s. 36...........................................	am. No. 130, 2012
s. 38...........................................	am. No. 130, 2012
Division 5A
Division 5A................................	ad. No. 130, 2012
s. 39A........................................	ad. No. 130, 2012
s 39B.........................................	ad No 130, 2012
am No 17, 2019
s 39C.........................................	ad No 130, 2012
am No 138, 2024
Division 6
Division 6..................................	rs. No. 130, 2012
s. 40...........................................	rs. No. 130, 2012
Part 3
Division 1
s 50............................................	am No 64, 2020
Division 2
s 61............................................	am No 138, 2024
Part 4
Division 1
s 64............................................	am No 69, 2023
s 66............................................	am No 69, 2023
s 67............................................	am No 5, 2021; No 138, 2024
s 67AA......................................	ad No 138, 2024
s. 67A........................................	ad. No. 130, 2012
s 68............................................	am No 138, 2024
Division 2
s. 71...........................................	am. No. 130, 2012
Division 3
s 72............................................	am No 5, 2011
rs No 130, 2012
am No 13, 2018; No 17, 2019; No 87, 2022; No 69, 2023
s 73............................................	am No 130, 2012; No 69, 2023
s. 74...........................................	am. No. 130, 2012
s. 76...........................................	am. No. 130, 2012
Part 5
Division 1
Division 1 heading......................	rs. No. 130, 2012
Subdivision A
Subdivision A heading.................	ad. No. 130, 2012
s 82............................................	am No 87, 2022
s. 83...........................................	am. No. 130, 2012
Subdivision B
Subdivision B.............................	ad. No. 130, 2012
s. 86A........................................	ad. No. 130, 2012
s. 86B........................................	ad. No. 130, 2012
s. 86C........................................	ad. No. 130, 2012
s. 86D........................................	ad. No. 130, 2012
s. 86E........................................	ad. No. 130, 2012
s. 86F.........................................	ad. No. 130, 2012
Subdivision C
Subdivision C heading.................	ad No 130, 2012
am No 138, 2024
s 87............................................	am No 130, 2012; No 138, 2024
Division 2
s 88............................................	am No 130, 2012; No 197, 2012; No 13, 2018
s. 89...........................................	am. No. 130, 2012
s. 89A........................................	ad. No. 130, 2012
s. 92...........................................	rep. No. 130, 2012
s. 93...........................................	am. No. 130, 2012
s. 93A........................................	ad. No. 130, 2012
Division 3
s. 94...........................................	am. No. 5, 2011; No. 130, 2012; No 13, 2018
s. 95...........................................	am. No. 5, 2011; No. 130, 2012
Division 4
s. 98...........................................	am. No. 130, 2012
Part 6
Part 6 heading.............................	am No 87, 2022
Division 1
s 111..........................................	am No 130, 2012; No 87, 2022
s 112..........................................	am No 87, 2022
s 113..........................................	am No 87, 2022
s 114..........................................	am No 130, 2012
s 114A.......................................	ad No 87, 2022
s 115..........................................	am No 62, 2014; No 87, 2022
s 116..........................................	am No 17, 2019
rs No 87, 2022
s 117..........................................	rs No 87, 2022
s 118..........................................	rs No 87, 2022
s 119..........................................	rs No 87, 2022
am No 69, 2023
s 120..........................................	am No 87, 2022
s 121..........................................	am No 87, 2022
Division 2
s 124..........................................	am No 130, 2012; No 87, 2022
Part 7
Division 1
s. 127.........................................	am. No. 130, 2012
Division 3
s 129..........................................	am No 130, 2012
s 130..........................................	am No 130, 2012
s 131..........................................	am No 130, 2012
s 132..........................................	am No 130, 2012
s 133..........................................	am No 130, 2012
Part 8
s 145..........................................	am No 135, 2020
Part 9
s 150..........................................	am No 64, 2020
s 154..........................................	am No 17, 2019
s 155..........................................	rs No 17, 2019
s 156..........................................	am No 17, 2019
Part 10
Division 1
s 157..........................................	am No 138, 2024
s 158..........................................	am No 138, 2024
s 159..........................................	am No 138, 2024
Part 11
Division 1
s 171..........................................	am No 87, 2022
s 172..........................................	am No 17, 2019
Division 2
s. 173.........................................	am. No. 130, 2012
s. 173A......................................	ad. No. 130, 2012
s 174..........................................	am No 17, 2019; No 87, 2022
s. 174A......................................	ad. No. 130, 2012
Division 3 heading......................	rep. No. 130, 2012
Division 4
Division 4..................................	ad. No. 130, 2012
s. 175A......................................	ad. No. 130, 2012
s 175AA.....................................	ad No 87, 2022
s 175AB.....................................	ad No 87, 2022
s 175AC.....................................	ad No 87, 2022
s 175B.......................................	ad No 130, 2012
Division 5
Division 5..................................	ad. No. 130, 2012
Subdivision A
s. 175C......................................	ad. No. 130, 2012
s. 175D......................................	ad. No. 130, 2012
s. 175E.......................................	ad. No. 130, 2012
s. 175F.......................................	ad. No. 130, 2012
s. 175G......................................	ad. No. 130, 2012
Subdivision B
s 175H.......................................	ad No 130, 2012
am No 87, 2022
Division 6
Division 6..................................	ad. No. 130, 2012
s. 175J.......................................	ad. No. 130, 2012
s. 176.........................................	rep. No. 130, 2012
s. 177.........................................	rep. No. 130, 2012
Division 7
Division 7..................................	ad. No. 130, 2012
Subdivision A
s. 177A......................................	ad. No. 130, 2012
Subdivision B
s 177B.......................................	ad No 130, 2012
am No 13, 2018; No 17, 2019; No 87, 2022; No 69, 2023
s 177C.......................................	ad No 130, 2012
am No 69, 2023
s. 177D......................................	ad. No. 130, 2012
s. 177E.......................................	ad. No. 130, 2012
s. 177F.......................................	ad. No. 130, 2012
s. 177G......................................	ad. No. 130, 2012
s. 177H......................................	ad. No. 130, 2012
s. 177J.......................................	ad. No. 130, 2012
s. 177K......................................	ad. No. 130, 2012
Division 8
Division 8 heading......................	ad. No. 130, 2012
Subdivision A
Subdivision A heading.................	ad. No. 130, 2012
Subdivision B
Subdivision B heading.................	ad. No. 130, 2012
s. 178A......................................	ad. No. 130, 2012
s 179..........................................	am No 130, 2012; No 87, 2022
s. 179A......................................	ad. No. 130, 2012
s. 179B......................................	ad. No. 130, 2012
s. 179C......................................	ad. No. 130, 2012
Subdivision C
Subdivision C.............................	ad. No. 130, 2012
s. 179D......................................	ad. No. 130, 2012
am No 197, 2012; No 13, 2018
s. 179E.......................................	ad. No. 130, 2012
s. 179F.......................................	ad. No. 130, 2012
s. 179G......................................	ad. No. 130, 2012
s 179GA.....................................	ad No 87, 2022
Subdivision D
Subdivision D.............................	ad. No. 130, 2012
s. 179H......................................	ad. No. 130, 2012
am No 13, 2018
s. 179J.......................................	ad. No. 130, 2012
s. 179K......................................	ad. No. 130, 2012
s. 179L.......................................	ad. No. 130, 2012
Subdivision E
Subdivision E.............................	ad. No. 130, 2012
s. 179M......................................	ad. No. 130, 2012
s. 179N......................................	ad. No. 130, 2012
s. 179P.......................................	ad. No. 130, 2012
s. 179Q......................................	ad. No. 130, 2012
Subdivision F
Subdivision F..............................	ad. No. 130, 2012
s. 179R......................................	ad. No. 130, 2012
Division 9
Division 9..................................	ad. No. 130, 2012
Subdivision A
s. 179S.......................................	ad. No. 130, 2012
Subdivision B
s. 179T.......................................	ad. No. 130, 2012
Division 10
Division 10.................................	ad No 130, 2012
s 179U.......................................	ad No 130, 2012
am No 17, 2019
s 179V.......................................	ad No 130, 2012
am No 17, 2019
s 179VA.....................................	ad No 87, 2022
s 179VB.....................................	ad No 87, 2022
s 179VC.....................................	ad No 87, 2022
Division 11
Division 11.................................	ad. No. 130, 2012
s. 179W.....................................	ad. No. 130, 2012
Part 12
Division 2
s. 185A......................................	ad. No. 130, 2012
s 187..........................................	am No 138, 2024
Part 13
s 204..........................................	am No 46, 2011; No 84, 2011; No 130, 2012; No 13, 2018; No 135, 2020; No 154, 2020; No 87, 2022; No 76, 2023; No 138, 2024
Part 14
Division 2
s 206..........................................	rep No 130, 2012