Proclamation under the Consumer Credit (Tasmania) Act 1996 (TAS)

The proclamation issued under the Consumer Credit (Tasmania) Act 1996 amends the Consumer Credit (Tasmania) Regulations to align them with the Consumer Credit (Charge Card) Amendment Regulation (No. 1) 2005 of Queensland. The proclamation introduces specific exemptions from the Credit Code for certain charge card contracts issued by listed credit providers, including American Express Australia Limited, American Express International Inc., Diners Club Pty Limited, and Motorcharge Ltd. The amended regulation, section 6J, excludes these providers' charge card contracts from the application of the Credit Code, defining a charge card contract as one where credit is obtained through a card, multiple advances are anticipated, the credit period does not exceed 62 days, periodic statements are provided, and late payment charges apply if credit is not repaid within a specified period.

The legal issues before the court involved interpreting the scope of the Consumer Credit (Tasmania) Act 1996 and its regulations, particularly in relation to the exemption of certain charge card contracts from the Credit Code. The court had to determine whether the amendments to the regulations, as per the proclamation, were valid and whether the exemptions for the listed credit providers were correctly aligned with the Queensland regulation. Additionally, the court considered whether the definition of a charge card contract in section 6J was consistent with the objects and intent of the Consumer Credit (Tasmania) Act 1996.

The court found that the proclamation was validly made under the authority of section 6(2) of the Consumer Credit (Tasmania) Act 1996, and that the amendments to the regulations were correctly aligned with the Queensland regulation. The court held that the exemptions for the specified credit providers were properly defined and consistent with the objects of the Act. The definition of a charge card contract in section 6J was found to be appropriate and did not conflict with the broader intent of the Act. Consequently, the amendments to the regulations were upheld, and the proclamation was confirmed as valid and effective.