SL1996-24 made under the Consumer Credit Act 1995 Republication No 7 Effective: 22 December 2009 6 October 2010 Republication date: 22 December 2009 Last amendment made by A2009-44
Authorised by the ACT Parliamentary Counsel
Authorised by the ACT Parliamentary Counselalso accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Consumer Credit Regulation 1996, made under the Consumer Credit Act 1995 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 22 December 2009. It also includes any amendment, repeal or expiry affecting the republished law to 22 December 2009. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsels Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): authorised republications to which the Legislation Act 2001 applies unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).
R7 22/12/09 Consumer Credit Regulation 1996 Effective: 22/12/09-06/10/10 contents 1 Authorised by the ACT Parliamentary Counselalso accessible at www.legislation.act.gov.au
Australian Capital Territory Consumer Credit Regulation 1996 made under the Consumer Credit Act 1995
Contents Page 1 Name of regulation 2 4 Removing proceedings from court to ACAT 2 4A Removing proceedings from ACAT to Magistrates Court 2 Endnotes 1 About the endnotes 3 2 Abbreviation key 3 3 Legislation history 4 4 Amendment history 5 5 Earlier republications 6
R7 22/12/09 Consumer Credit Regulation 1996 Effective: 22/12/09-06/10/10 page 1 Authorised by the ACT Parliamentary Counselalso accessible at www.legislation.act.gov.au
Australian Capital Territory Consumer Credit Regulation 1996
made under the Consumer Credit Act 1995
Section 1
page 2 Consumer Credit Regulation 1996 Effective: 22/12/09-06/10/10 R7 22/12/09 Authorised by the ACT Parliamentary Counselalso accessible at www.legislation.act.gov.au
1 Name of regulation This regulation is the Consumer Credit Regulation 1996. 4 Removing proceedings from court to ACAT (1) This section applies to a proceeding begun in a court if the subject matter of the proceeding is within the jurisdiction of the ACAT. (2) On joint application by the parties to the proceeding, the court must order the application be removed to the ACAT. (3) The court may order the application be removed to the ACAT on application by a party to the proceeding or on its own initiative. 4A Removing proceedings from ACAT to Magistrates Court (1) This section applies to a proceeding begun in the ACAT if the subject matter of the proceeding is within the jurisdiction of the Magistrates Court. (2) On joint application by the parties to the proceeding, the ACAT must order the application be removed to the Magistrates Court. (3) The ACAT may order the application be removed to the Magistrates Court on application by a party to the proceeding or on its own initiative. Note Removal of applications from the ACAT to the Supreme Court is dealt with under the ACT Civil and Administrative Tribunal Act 2008, s 83. Endnotes
About the endnotes 1
R7 22/12/09 Consumer Credit Regulation 1996 Effective: 22/12/09-06/10/10 page 3 Authorised by the ACT Parliamentary Counselalso accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsels Office. Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key
am = amended ord = ordinance amdt = amendment orig = original ch = chapter par = paragraph/subparagraph def = definition pres = present dict = dictionary prev = previous disallowed = disallowed by the Legislative (prev...) = previously Assembly pt = part div = division r = rule/subrule exp = expires/expired renum = renumbered Gaz = gazette reloc = relocated hdg = heading R[X] = Republication No IA = Interpretation Act 1967 RI = reissue ins = inserted/added s = section/subsection LA = Legislation Act 2001 sch = schedule LR = legislation register sdiv = subdivision LRA = Legislation (Republication) Act 1996 sub = substituted mod = modified/modification SL = Subordinate Law o = order underlining = whole or part not commenced om = omitted/repealed or to be expired Endnotes
3 Legislation history
page 4 Consumer Credit Regulation 1996 Effective: 22/12/09-06/10/10 R7 22/12/09 Authorised by the ACT Parliamentary Counselalso accessible at www.legislation.act.gov.au 3 Legislation history This regulation was originally the Consumer Credit Regulations. It was renamed under the Legislation Act 2001. Consumer Credit Regulation 1996 SL No 24 notified 1 November 1996 commenced 1 November 1996 (s 2) as amended by Legislation (Consequential Amendments) Act 2001 No 44 pt 76 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) pt 76 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65) Justice and Community Safety Legislation Amendment Act 2004 A2004-18 pt 4 notified LR 6 April 2004 s 1, s 2 commenced 6 April 2004 (LA s 75 (1)) pt 4 commenced 20 April 2004 (s 2) Justice and Community Safety Legislation Amendment Act 2005 (No 4) A2005-60 sch 1 pt 1.8 notified LR 1 December 2005 s 1, s 2 taken to have commenced 23 November 2005 (LA s 75 (2)) sch 1 pt 1.8 commenced 22 December 2005 (s 2 (4)) Justice and Community Safety Legislation Amendment Act 2006 A2006-40 sch 1 pt 1.3 notified LR 28 September 2006 s 1, s 2 commenced 28 September 2006 (LA s 75 (1)) sch 1 pt 1.3 commenced 19 October 2006 (s 2 (3)) Endnotes
Amendment history 4
R7 22/12/09 Consumer Credit Regulation 1996 Effective: 22/12/09-06/10/10 page 5 Authorised by the ACT Parliamentary Counselalso accessible at www.legislation.act.gov.au ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 A2008-36 sch 1 pt 1.13 notified LR 4 September 2008 s 1, s 2 commenced 4 September 2008 (LA s 75 (1)) sch 1 pt 1.13 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2) Justice and Community Safety Legislation Amendment Act 2009 (No 3) A2009-44 sch 1 pt 1.5 notified LR 24 November 2009 s 1, s 2 commenced 24 November 2009 (LA s 75 (1)) sch 1 pt 1.5 commenced 22 December 2009 (s 2 (3)) 4 Amendment history Name of regulation s 1 am R1 LA; R2 LA Commencement s 2 om Act 2001 No 44 amdt 1.805 Interpretation s 3 om Act 2001 No 44 amdt 1.805 def the Act om Act 2001 No 44 amdt 1.805 Removing proceedings from court to ACAT s 4 sub A2008-36 amdt 1.155 Removing proceedings from ACAT to Magistrates Court s 4A ins A2008-36 amdt 1.155 Maximum annual percentage rateAct, s 8B s 5 am A2004-18 s 13 sub A2005-60 amdt 1.27 am A2006-40 amdt 1.7, amdt 1.8; ss renum R5 LA om A2009-44 amdt 1.19 Working out maximum annual percentage rate s 6 ins A2006-40 amdt 1.9 om A2009-44 amdt 1.19 Endnotes
5 Earlier republications
page 6 Consumer Credit Regulation 1996 Effective: 22/12/09-06/10/10 R7 22/12/09 Authorised by the ACT Parliamentary Counselalso accessible at www.legislation.act.gov.au
5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No Amendments to Republication date 1 A2001-44 9 July 2002 2 A2004-18 20 April 2004 3 A2004-18 2 November 2004 4 A2005-60 22 December 2005 5 A2006-40 19 October 2006 6 A2008-36 2 February 2009
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