Australian Capital Territory

Consumer Credit Act 1995     No 18
Republication No 1A
As in force on 24 July 2000
Includes all amendments up to Act 2000 No 17

Prepared by the ACT Parliamentary Counsel’s Office
This republication is not an authorised republication for the Legislation (Republication) Act 1996.
As in force on
24 July 2000

Australian Capital Territory

Consumer Credit Act 1995
CONTENTS
	Page 
part 1—preliminary
	1	Short title	1
	3	Definitions for Act	1
part 2—consumer credit (Australian 
capital territory) code and consumer 
credit (australian capital territory) 
REGULATIONS
	4	Application in the Territory of the Consumer Credit Code	3
	5	Application of regulations under the Consumer Credit Code	3
	6	Interpretation of some expressions in the code and regulations	3
part 3—conferment of judicial and 
administrative functions
	7	Conferment of judicial functions on courts and credit tribunal	5
	8	Conferment of administrative functions	5
part 4—MISCELLANEOUS
	9	Application to the Crown	6
	10	Maximum annual percentage rate	6
	11	Proceedings for offences against the code or regulations	6
	12	Savings and transitional regulations	6
	13	Regulation-making power	7

ENDNOTES
	1	About this republication	8
	2	Abbreviation key	8
	3	Table of legislation	9
	4	Table of amendments	9	
	5	Table of earlier republications	9

As in force on
24 July 2000

Australian Capital Territory

Consumer Credit 		Act 1995	
An Act to make provision for a uniform legislative scheme to regulate the provision of consumer credit, and for other purposes
part 1—preliminary
1	Short title
	This Act may be cited as the Consumer Credit Act 1995.
3	Definitions for Act
	In this Act:
Note	A definition applies except so far as the contrary intention appears (see Interpretation Act 1967, s 11G).
Consumer Credit (Australian Capital Territory) Code means the provisions applying because of section 4.
Consumer Credit (Australian Capital Territory) Regulations means the provisions applying because of section 5.
Consumer Credit (Queensland) Act means the Consumer Credit (Queensland) Act 1994 (Qld).
credit tribunal means the Australian Capital Territory Credit Tribunal.
scheme legislation of the Australian Capital Territory means—
	(a)	this Act and the regulations under this Act; and
	(b)	the Consumer Credit (Australian Capital Territory) Code; and
	(c)	the Consumer Credit (Australian Capital Territory) Regulations.

part 2—consumer credit (Australian capital territory) code and consumer credit (australian capital territory) REGULATIONS
4	Application in the Territory of the Consumer Credit Code
	The Consumer Credit Code set out in the appendix to the Consumer Credit (Queensland) Act as in force for the time being—
	(a)	applies as a law of the Territory; and
	(b)	as so applying may be referred to as the Consumer Credit (Australian Capital Territory) Code.
5	Application of regulations under the 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 (Australian Capital Territory) Code; and
	(b)	as so applying may be referred to as the Consumer Credit (Australian Capital Territory) Regulations.
(2)	Schedule 2 to the Consumer Credit (Australian Capital Territory) Code applies in relation to those regulations.
(3)	To the extent that a provision of those regulations takes effect from a day earlier than the day of notification of the provision in the Government Gazette of Queensland, the provision does not operate in the Territory so as to—
	(a)	affect, in a manner prejudicial to any person (other than the Territory or an authority of the Territory), the rights of that person existing before the day of notification; or
	(b)	impose liabilities on any person (other than the Territory or an authority of the Territory) in respect of anything done or omitted to be done before the day of notification.
6	Interpretation of some expressions in the code and regulations
(1)	In the Consumer Credit (Australian Capital Territory) Code and the Consumer Credit (Australian Capital Territory) Regulations—
legislature of this jurisdiction means the legislature of the Territory.
the code or this code means the Consumer Credit (Australian Capital Territory) Code.
the jurisdiction or this jurisdiction means the Australian Capital Territory.
(2)	The Acts Interpretation Act 1954, and other Acts, of Queensland do not apply to—
	(a)	the Consumer Credit Code set out in the appendix to the Consumer Credit (Queensland) Act in its application as a law of the Territory; 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 (Australian Capital Territory) Code.

part 3—conferment of judicial and administrative functions
7	Conferment of judicial functions on courts and credit tribunal
(1)	The jurisdiction that is expressed to be exerciseable by the court under the Consumer Credit (Australian Capital Territory) Code and the Consumer Credit (Australian Capital Territory) Regulations is exerciseable—
	(a)	in the case of subsections 34 (5), 36 (6) and (7), 44 (4), 47 (3) and 77 (1), section 79, paragraph 82 (b), subsection 83 (1), sections 88 and 89, paragraph 91 (1) (a), sections 92, 93 and 98 and subsection 162 (2) of the code and any jurisdiction prescribed by the regulations—only by the Australian Capital Territory Credit Tribunal; or
	(b)	in any other case—either by the credit tribunal or any court.
(2)	The jurisdiction conferred on a court by this section (other than the credit tribunal) is subject to the court’s general jurisdictional limits (so far as they relate to the amounts, or the value of property, with which the court may deal), but is not subject to the court’s other jurisdictional limits.
(3)	The regulations may make provision in relation to the transfer of proceedings between the credit tribunal and other courts or between other courts.
8	Conferment of administrative functions
	The commissioner for fair trading has the functions of the Government Consumer Agency under the Consumer Credit (Australian Capital Territory) Code and the Consumer Credit (Australian Capital Territory) Regulations.

part 4—MISCELLANEOUS
9	Application to the Crown
	The scheme legislation of the Australian Capital Territory binds the Crown in right of the Territory and, so far as the legislative power of the Legislative Assembly permits, the Crown in all its other capacities.
10	Maximum annual percentage rate
(1)	The regulations may prescribe a maximum annual percentage rate for a credit contract or class of credit contracts to which the Consumer Credit (Australian Capital Territory) Code applies.
(2)	Division 2 of Part 2 of the code applies in relation to a maximum annual percentage rate so prescribed as if that rate had been prescribed by the code.
11	Proceedings for offences against the code or regulations
	Proceedings for offences against the Consumer Credit (Australian Capital Territory) Code, or the Consumer Credit (Australian Capital Territory) Regulations, that are punishable summarily shall be dealt with by the Magistrates Court constituted by a magistrate sitting alone.
12	Savings and transitional regulations
(1)	The regulations may contain savings or transitional provisions consequent on the enactment of this Act or of an Act of Queensland amending the Consumer Credit Code set out in the appendix to the Consumer Credit (Queensland) Act.
(2)	If the regulations so provide, a provision referred to in subsection (1) has effect notwithstanding the provisions of this Act and the Consumer Credit (Australian Capital Territory) Code.
(3)	A provision referred to in subsection (1) may, if the regulations so provide, take effect from the day of commencement of the Act concerned or from a later day.
(4)	To the extent that a provision referred to in subsection (1) takes effect from a day earlier than the day of notification of the provision in the Gazette, the provision does not operate to—
	(a)	affect, in a manner prejudicial to any person (other than the Territory or an authority of the Territory), the rights of that person existing before the day of notification; or
	(b)	impose liabilities on any person (other than the Territory or an authority of the Territory) in respect of anything done or omitted to be done before the day of notification.
13	Regulation-making power
	The Executive may make regulations for this Act.

ENDNOTES
1	About this republication
This is a republication of the Consumer Credit Act 1995  as in force on 24 July 2000.  It includes all amendments made to the Act up to Act 2000 No 17.
Amending laws are annotated in the table of legislation and table of amendments.
The Parliamentary Counsel’s Office currently prepares 2 kinds of republications of ACT laws:  authorised printed republications to which the Legislation (Republication) Act 1996 applies and unauthorised electronic republications.  The status of this republication appears on its cover and is indicated by its republication number.
A republication number without a letter (eg 1, 2, 3 etc) indicates that the republication is an authorised printed republication.  A number with a letter (eg 1A, 1B, 1C etc) indicates that the republication is an unauthorised electronic republication.
Section 13 of the Legislation (Republication) Act 1996 authorises the Parliamentary Counsel, in preparing a law for republication, to make textual amendments of a formal nature which the Parliamentary Counsel considers desirable in accordance with current legislative drafting practice.  The amendments do not effect a substantive change in the law.
In preparing this republication, amendments have not been made under section 13.
Not all amendments made under section 13 are annotated in the table of amendments.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
2	Abbreviation key
Key to abbreviations in tables

am = amended
amdt = amendment
ch = chapter
cl = clause
def = definition
dict = dictionary
div = division
exp = expires/expired
Gaz = Gazette
hdg = heading
ins = inserted/added
LR = Legislation (Republication) Act 1996
mod = modified
No = number
notfd = notified
o = order
om = omitted/repealed
orig = original
p = page
par = paragraph
pres = present
prev = previous
(prev...) = previously
prov = provision
pt = part
r = rule/subrule
reg = regulation/subregulation
renum = renumbered
reloc = relocated
R[X] = Republication No
s = section/subsection
sch = schedule
sdiv = subdivision
sub = substituted
SL  = Subordinate Law
sp = spent
*  = SL unless otherwise stated
† = Act or Ordinance unless otherwise stated

3	Table of legislation
Act†	Year and number†	Gazette
notification	Commencement	Transitional provisions	

Consumer Credit Act 1995	1995 No 18	5 Sept 1995	ss 1 and 2:  5 Sept 1995
remainder:  1 Nov 1996 (see Gaz 1996 No S273)		
Consumer Credit (Administration) (Consequential Provisions) Act 1996
	1996 No 42	2 Sept 1996	ss 1 and 2 and div 1 of pt II (ss 3-5):  2 Sept 1996
remainder:  1 Nov 1996 (see s 2 (2) and Gaz 1996 No S273)	—	
Law Reform (Miscellaneous Provisions) Act 1999	1999 No 66	10 Nov 1999	10 Nov 1999	—	
Justice and Community Safety Legislation Amendment Act 2000 
(No 3)
	2000 No 17	1 June 2000	1 June 2000	—	
4	Table of amendments

Provision	How affected†

s 2	am 1996 No 42
	om R1 (LR  s 15 (1) (o) (iv))
s 3	am 1996 No 42
s 8	am 1999 No 66 s 6 sch 3; 2000 No 17 s 3 sch 1

5	Table of earlier republications
Amendments to	Cut-off date	Republication number	
Act 2000 No 17	24 July 2000	1	

©  Australian Capital Territory 2000

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