Untitled document

Credit (Amendment) Act 1998

Act No. 19/1998

TABLE OF PROVISIONS

Section Page

1.	Purposes	1
2.	Commencement	1
3.	General order varying civil penalty for minor errors	2
86AA. General order varying civil penalty for minor errors	2
4.	Transitional provision	3

167G. Operation of section 86AA 3

5. Statute law revision—Credit (Administration) Act 1984 3

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NOTES 4

i

Victoria

No. 19 of 1998

Credit (Amendment) Act 1998†

[Assented to 5 May 1998]

The Parliament of Victoria enacts as follows:

1. Purposes

The purposes of this Act are—

(a)	to amend the Credit Act 1984 to allow the Credit Tribunal to make orders varying civil penalties where there have been minor errors; and
(b)	to make a statute law revision change to the Credit (Administration) Act 1984.

2. Commencement

This Act comes into operation on 1 July 1998.

Credit (Amendment) Act 1998

Act No. 19/1998 s. 3

3. General order varying civil penalty for minor errors

After section 86 of the Credit Act 1984 insert— No. 10097.
Reprint No. 2

'86AA. General order varying civil penalty for as at 3 April 1997. Further

minor errors amended by No. 84/1997.

(1) In this section, "minor error" means a

contravention of or a failure to comply with
this Act which is unlikely to disadvantage
the debtors concerned in any significant
respect.

(2) If a credit provider makes an application to the Tribunal under section 86 and requests the Tribunal to deal with the application

under this section, the following provisions

have effect—

(a)	notice of the application is required to be served on the Director but (unless the Tribunal otherwise directs) is not required to be served on any other person;
(b)	if the Tribunal is satisfied that all the contraventions or failures to which the application relates are minor errors and ought reasonably be excused, the Tribunal may make a determination under section 85 that debtors under all regulated contracts entered into during the period concerned which are affected by those minor errors are liable to pay the whole of the credit charges under those contracts;
(c)	if the Tribunal is not so satisfied, the Tribunal must direct that notice of the application be given to the debtors concerned, either personally or in accordance with section 86.'.

Credit (Amendment) Act 1998

s. 4 Act No. 19/1998

4. Transitional provision

After section 167F of the Credit Act 1984 insert—

"167G. Operation of section 86AA

The amendment of this Act made by section 3 of the Credit (Amendment) Act 1998—

(a)	does not apply to any application made to, or proceeding commenced in, the Tribunal before the commencement of that section;
(b)	proceeding commenced after that commencement, whether the contravention or failure to which the application or proceeding relates

applies to an application made or commencement.".

5.  Statute law revision—Credit (Administration) Act 1984

No. 10091.	In section 85F of the Credit (Administration)
Reprint No. 2
at 2 June	Act 1984, after "Credit Act 1984" insert "or
1994. Further	the".
amended by
Nos 41/1995
and 84/1997.

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Credit (Amendment) Act 1998

Act No. 19/1998 Notes

NOTES

†

Minister's second reading speech—

Legislative Assembly: 26 March 1998

Legislative Council: 22 April 1998

The long title for the Bill for this Act was "to amend the Credit Act 1984
and the Credit (Administration) Act 1984 and for other purposes."