National Consumer Credit Protection (Fees) Amendment Regulations 2010 (No. 1) (Cth)

National Consumer Credit Protection (Fees) Amendment Regulations 2010 (No. 1)¹

Select Legislative Instrument 2010 No. 106

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the National Consumer Credit Protection (Fees) Act 2009.

Dated 20 May 2010

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

CHRIS BOWEN

Minister for Financial Services, Superannuation and Corporate Law

Contents

1Name of Regulations                                            2

2Commencement                                                 2

3Amendment of National Consumer Credit Protection (Fees) Regulations 2010 — Schedule 1 2

4Amendment of National Consumer Credit Protection (Fees) Regulations 2010 — Schedule 2 2

Schedule 1Amendments taken to have commenced on 1 April 2010 3

Schedule 2Amendments commencing on 1 July 2010               4

1. Name of Regulations

These Regulations are the National Consumer Credit Protection (Fees) Amendment Regulations 2010 (No. 1).

1. Commencement

These Regulations commence, or are taken to have commenced, as follows:

(a)on 1 April 2010 — regulations 1 to 3 and Schedule 1;

(b)on 1 July 2010 — regulation 4 and Schedule 2.

Note   1 April 2010 was the day on which the National Consumer Credit Protection (Fees) Regulations 2010 commenced.

1. Amendment of National Consumer Credit Protection (Fees) Regulations 2010 — Schedule 1

Schedule 1 amends the National Consumer Credit Protection (Fees) Regulations 2010.

1. Amendment of National Consumer Credit Protection (Fees) Regulations 2010 — Schedule 2

Schedule 2 amends the National Consumer Credit Protection (Fees) Regulations 2010.

Schedule 1          Amendments taken to have commenced on 1 April 2010

(regulation 3)

[1]          Regulation 3, after definition of registered person

insert

sole trader means:

(a)a natural person; or

(b)a person (other than a natural person) that has only 1 representative that engages in credit activities on its behalf.

[2]          Before subregulation 4 (1)

insert

Application

(1A)Subregulations (1) to (3) apply on and after 1 July 2010.

[3]          Before subregulation 5 (1)

insert

Application

(1A)Subregulations (1) and (2) apply on and after 1 July 2010.

Schedule 2          Amendments commencing on 1 July 2010

(regulation 4)

[1]          Schedule 1, item 1.1, column 3, paragraph (d)

after

preceding financial year

insert

; and

[2]          Schedule 1, item 1.1, column 3, after paragraph (d)

insert

(e)  the total amount of rent payable by consumers under consumer leases submitted by the applicant to lessors in the preceding financial year which have resulted in a consumer lease being made

[3]          Schedule 1, after item 1A.2

insert

1A.2A more than $199 999 999 the fee that would apply to the sum if any of items 1A.4 to 1A.9 applied

[4]          Schedule 1, item 2.5

substitute

2.5 Lodgment of a person’s credit books, or giving ASIC other information, under subsection 51 (4) of the National Credit Act no fee

[5]          Schedule 1, after item 2.23

insert

2.23A	Lodgment of particulars of a change in a matter under subregulation 9A (2) of the National Credit Regulations	no fee
2.23B	Notification of an address under paragraph 29 (6) (a) of the National Credit Regulations	no fee
2.23C	Notification of a change of address under paragraph 29 (6) (b) of the National Credit Regulations	no fee
2.23D	Notification of an address under paragraph 30A (3) (a) of the National Credit Regulations	no fee
2.23E	Notification of a change of address under paragraph 30A (3) (b) of the National Credit Regulations	no fee
2.23F	Notification of particulars of an appointment under section 75 of the Act as modified in accordance with Schedule 2 to the National Credit Regulations	no fee
2.23G	Notification of particulars of an appointment under section 76 of the Act as modified in accordance with Schedule 2 to the National Credit Regulations	no fee
Chargeable matters under the National Consumer Credit Protection (Transitional and Consequential Provisions) Regulations 2010
2.23H	Lodgment of particulars of a change under subregulation 10 (2) of the Transitional Regulations	no fee
2.23I	Lodgment of particulars of a change under subregulation 10 (3) of the Transitional Regulations	no fee
2.23J	Lodgment of particulars of a change in control under subregulation 10 (10) of the Transitional Regulations	no fee

Note

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See