National Consumer Credit Protection Act. Australia

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      National Consumer Credit Protection Act Act No. 134 of 2009 as amended

      [email protected]

      Chapter 1—Introduction

      Part 1–1—Introduction

      1 Short title [see Note 1^[1]]

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

      2 Commencement

      (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.

      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.

      3 The National Credit Code

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

      Part 1–2—Definitions

      Division 1—Introduction

      4 Guide 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 2—The Dictionary

      5 The 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.

      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.

      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 external dispute resolution scheme: see section 11.

      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.

      Australia, when used in a geographical sense, does not include an external Territory.

      Note: Paragraph 17(a) of the Acts Interpretation Act 1901 would otherwise provide that Australia included the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands.

      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 section 761A of the Corporations Act 2001.

      authorised, in relation to a credit activity: see subsection 35(2).

      banker has the same meaning as in section 9 of the Corporations Act 2001.

      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: see subsection 81(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.

      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

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