Consumer Credit (Tasmania) Act 1996

Consumer Credit (Tasmania) Act 1996

An Act to regulate the provision of consumer credit

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1.   Short title

This Act may be cited as the Consumer Credit (Tasmania) Act 1996 .

2.   Commencement

This Act commences on the day after the day on which it receives the Royal Assent.

3.   Interpretation

In this Act, unless the contrary intention appears –

Consumer Credit (Queensland) Act means the Consumer Credit (Queensland) Act 1994 of Queensland;

Consumer Credit (Tasmania) Code means the provisions applying under section 5 of this Act;

Consumer Credit (Tasmania) Regulations means the provisions applying under section 6 of this Act;

State authority means a body or authority, whether incorporated or not, that is established or constituted under a written law or under the Royal prerogative, being a body or authority which, or of which the governing authority, wholly or partly comprises a person or persons appointed by the Governor, a Minister or another State authority.

4.   Crown to be bound

This Act binds the Crown in right of Tasmania and, in so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

PART 2 - Consumer Credit (Tasmania) Code and Consumer Credit (Tasmania) Regulations

5.   Application in Tasmania of the Consumer Credit Code

(1)  The Consumer Credit Code specified in the Appendix to the Consumer Credit (Queensland) Act, as in force on the commencement of this section –

(a) applies as a law of Tasmania in accordance with this section; and

(b) as so applying may be referred to as the Consumer Credit (Tasmania) Code .

(2)  Where the Consumer Credit Code specified in the Appendix to the Consumer Credit (Queensland) Act is amended, the Governor may by proclamation declare that the Consumer Credit (Tasmania) Code is amended as may be provided by the proclamation.

(3)  A proclamation may not be made under subsection (2) unless a draft of the proclamation has first been approved by each House of Parliament.

(4)  Until 1 March 1997, the Consumer Credit (Tasmania) Code applies only to –

(a) a credit provider within the meaning of that Code; or

(b) a class of any such credit provider –

that is in either case specified in an order made by the Governor and published in the Gazette.

(5)  On and after 1 March 1997, the Consumer Credit (Tasmania) Code applies to all credit providers within the meaning of the Consumer Credit (Tasmania) Code .

6.   Application of regulations under Consumer Credit Code

(1)  The regulations in force for the time being under Part 4 of the Consumer Credit (Queensland) Act –

(a) apply as regulations in force for the purposes of the Consumer Credit (Tasmania) Code in accordance with this section; and

(b) as so applying may be referred to as the Consumer Credit (Tasmania) Regulations .

(2)  Where the regulations in force under the Consumer Credit (Queensland) Act are amended, the Governor may by proclamation declare that the Consumer Credit (Tasmania) Regulations are amended as may be provided by the proclamation.

(3)  Until 1 March 1997, the Consumer Credit (Tasmania) Regulations apply only to –

(a) a credit provider within the meaning of the Consumer Credit (Tasmania) Code ; or

(b) a class of any such credit provider –

that is in either case specified in an order made by the Governor and published in the Gazette.

(4)  On and after 1 March 1997, the Consumer Credit (Tasmania) Regulations apply to all credit providers within the meaning of the Consumer Credit (Tasmania) Code .

(5)  A proclamation may not be made under subsection (2) unless a draft of the proclamation has first been approved by each House of Parliament.

(6)  Schedule 2 to the Consumer Credit (Tasmania) Code applies in relation to any such regulation.

7.   Interpretation of expressions in the Consumer Credit (Tasmania) Code and the Consumer Credit (Tasmania) Regulations

(1)  In the Consumer Credit (Tasmania) Code and the Consumer Credit (Tasmania) Regulations –

Legislature of this jurisdiction means the Legislature of Tasmania;

the Code or this Code means the Consumer Credit (Tasmania) Code ;

the jurisdiction or this jurisdiction means Tasmania.

(2)  The Acts Interpretation Act 1954 , and other Acts, of Queensland do not apply to –

(a) the Consumer Credit Code specified in the Appendix to the Consumer Credit (Queensland) Act in its application as a law of Tasmania; or

(b) the regulations in force for the time being under Part 4 of the Consumer Credit (Queensland) Act in their application as regulations in force for the purposes of the Consumer Credit (Tasmania) Code .

(3)  Schedules 1 and 2 of the Consumer Credit (Tasmania) Code apply for the purposes of interpretation of the Code and so apply notwithstanding the Acts Interpretation Act 1931 and any other Act of Tasmania.

PART 3 - Conferral of Judicial and Administrative Functions

8.   Conferral of judicial functions

(1)  In this section, court includes a tribunal.

(2)  The jurisdiction that is expressed to be exercisable by "the Court" under the Consumer Credit (Tasmania) Code and the Consumer Credit (Tasmania) Regulations is exercisable in accordance with the regulations.

(3)  The regulations may provide that any jurisdiction specified in the regulations may be exercised only by a specified court or only subject to specified jurisdictional limits.

9.   Conferral of administrative functions

The Director of Consumer Affairs has the functions of the Government Consumer Agency under the Consumer Credit (Tasmania) Code and the Consumer Credit (Tasmania) Regulations .

PART 4 - Miscellaneous

10.   Regulations

(1)  The Governor may make regulations for the purposes of section 8 and, without limitation the regulations may make provision for, or with respect to, the transfer of proceedings between courts.

(2)  The Governor may make regulations of a savings or transitional nature consequent on the enactment of this Act or of an Act of Queensland amending the Consumer Credit Code specified in the Appendix to the Consumer Credit (Queensland) Act.

(3)  If any such regulation so provides, it has effect notwithstanding any provision of this Act including the Consumer Credit (Tasmania) Code .

(4)  A provision of a regulation made under this section may, if the regulation so provides, take effect from the date of assent to the Act concerned or from a later date.

(5)  To the extent to which a provision takes effect from a date earlier than the date of publication of the regulation in the Gazette, the provision does not operate to the disadvantage of a person, other than the State or a State authority, by –

(a) decreasing the person's rights; or

(b) imposing liabilities on the person.

11.   Annual report by Director of Consumer Affairs

(1)  The Director of Consumer Affairs must, on or before 31 December in each year, submit to the Head of Agency, as defined by the Tasmanian State Service Act 1984 , a report on the Director's administration of the Consumer Credit (Tasmania) Code during the period of 12 months that ended on 30 June in that year.

(2)  The report is to include any recommendations relating to amendments of, or additions to, this Act that the Director considers necessary or desirable and other matters as the Head of Agency may direct.

(3)  The report is to form part of the report that the Head of Agency is required to submit to the Minister by section 33AB of the Tasmanian State Service Act 1984 .

12.   Explanatory notes

The notes following section 13 are for general information only and do not form part of this Act.

13.   Administration of Act

Until an order is made under section 4 of the Administrative Arrangements Act 1990 –

(a) this Act is administered by the Minister for Justice; and

(b) the Department responsible to the Minister for Justice in relation to the administration of this Act is the Department of Justice.