Australian Capital Territory

Consumer Credit (Administration) Act 1996     No 41
Republication No 2A
As in force on 15 December 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
15 December 2000

Australian Capital Territory

Consumer Credit (Administration) Act 1996
CONTENTS
		Page
part 1—preliminary
	1	Short title	1
	3	Definitions for Act	1
part 2—credit providers
Division 1—Exemptions
	4	Exemption—banks	5
	5	Exemption—collection of debts due to former credit providers	5
	6	Exemption—Ministerial determination	5
Division 2—Provision of consumer credit
	7	Registration as a consumer credit provider	5
	8	Authorised names	6
	9	Partnerships	6
Division 3—Registration of consumer credit providers
	10	Authority conferred by registration	6
	11	Application for registration	6
	12	Registration	7
	13	Endorsement of names	8
	14	Changed particulars	8
	15	Term of registration	8
	16	Annual fee and statement	8
	17	Cancellation of registration for failure to pay fee or provide statement	10
	18	Surrender of registration	10
Division 4—Disciplinary procedures
	19	Powers of inquiry	10
	20	Cancellation or suspension for bankruptcy, fraud, dishonesty 
		or incapacity	11
	21	Grounds for other disciplinary action	12
	22	Complaints against credit providers	13
	23	Notice to show cause	13
	24	Disciplinary action	13
Division 5—General
	24A	Civil penalty	14
	25	Death of registered credit provider	15
	26	Register of credit providers	16
	27	Access to register	16
	28	False or misleading statements	16
part 3—Finance broking
Division 1—Exemptions
	29	Exemption—specified persons and bodies	18
	30	Exemption—finance broking in the course of another business	18
	31	Exemption—Ministerial determination	19
Division 2—Finance broking
	32	Registration as a finance broker	19
	33	Advertising	19
	34	Records	20
	35	Commissions	20
	36	Valuation fees	21
	37	False statements about credit provision	21
	38	Authorised names	22
	39	Partnerships	22
	40	Proof of finance broking offences	22
Division 3—Registration of finance brokers
	41	Authority conferred by registration	23
	42	Application for registration	23
	43	Registration	24
	44	Endorsement of names	24
	45	Changed particulars	24
	46	Term of registration	25
	47	Annual fee and statement	25
	48	Cancellation of registration for failure to pay fee or provide statement	26
	49	Surrender of registration	26
Division 4—Disciplinary procedures
	50	Powers of inquiry	27
	51	Cancellation or suspension for bankruptcy, fraud, dishonesty 
		or incapacity	27
	52	Grounds for other disciplinary action	28
	53	Complaints against finance brokers	29
	54	Notice to show cause	29
	55	Disciplinary action	30
Division 5—General
	55A	Civil penalty	31
	56	Death of registered finance broker	31
	57	Register of finance brokers	32
	58	Access to register	32
	59	False or misleading statements	33
part 4—Credit Tribunal
Division 1—Establishment, functions and powers
	60	Continuation of tribunal	34
	61	Functions and powers	34
Division 2—Tribunal members
	62	Membership of tribunal	34
	63	Presidential members	34
	64	Non-presidential members	34
	65	Terms of appointment generally	35
	66	Matters to be included in instrument of appointment etc	35
	67	Duration of appointment	35
Division 3—Registrar and deputy registrars
	69	Registrar and deputy registrars	36
Division 4—Proceedings
	71	Constitution of tribunal	36
	72	Role of president	37
	73	Presiding member	37
	74	Procedure	37
	75	Directions by presidential member	37
	76	Assistance from commissioner	37
	77	Deciding questions	38
	78	Reference of questions of law to Supreme Court	38
	79	Joint liability	38
	80	Legal personal representatives	39
	81	Adding parties	39
	82	Notice of proceeding	39
	83	Appearance and representation	39
	84	Failure to appear	40
	85	Hearings	40
	86	Summoning witnesses	40
	87	Taking of evidence	41
	88	Inspection and retention of documents and things	42
	89	Adjournments and stays	43
	90	Dismissal of proceedings	43
	91	Costs	43
	92	Orders for payment of money	43
	93	Reasons for decisions of tribunal	44
Division 5—Appeals to Supreme Court
	94	Decisions of tribunal	44
	95	Decisions of Magistrates Court	45
	96	Jurisdiction of Supreme Court	45
Division 6—General
	97	Contempt	45
	98	Protection of members etc	45
Part 5—Inquiries
	100	Executive may order inquiry	46
	101	Notice of inquiry	46
	102	Application of Inquiries Act 1991	46
	103	Summons—indecipherable records	47
	104	Findings and recommendations	47
Part 6—Unjust Conduct
	105	Undertakings	48
	106	Registration of undertakings	48
	107	Orders by tribunal	49
	108	Contravention of orders	49
part 7—role of commissioner
Division 1—Functions and powers generally
	109	Functions	50
	110	Powers	50
Division 2—Functions in relation to proceedings
	111	Representing other persons before tribunal	50
	112	Taking or defending proceedings for other persons	51
	113	Conduct of proceedings so taken or defended	51
	114	Intervention by Minister or commissioner	52
	115	Presumption that Minister has consented	52
	116	Investigation of certain applications to tribunal	52
Division 3—Powers in relation to investigations
	117	Investigators	52
	118	Powers of entry and inspection	53
	119	Consent to entry	53
	120	Search warrants	54
	121	Power to obtain information or documents	55
	122	Retaining and copying documents produced	56
	123	Obstructing etc investigator	56
Part 8—Financial counselling
trust fund
	124	Continuation of Fund	57
	125	Payments to fund	57
	126	Payments from fund	57
	127	Bank account	58
Part 9—Miscellaneous
Division 1—Review by credit tribunal
	128	Review of decisions—credit providers	59
	129	Review of decisions—finance brokers	59
	130	Notification of decisions	60
	131	Application for review	61
	132	Review by tribunal	61
Division 2—General
	134	Secrecy	61
	135	Limitation on prosecution	62
	136	Conduct of agents	62
	137	Extensions of time	62
	138	Registration—evidence	62
	140	Power of Minister to determine fees	63
	141	Regulation-making power	63
	143	Existing complaints and investigations etc	63
	144	Expiry of Part	64
	ENDNOTES
	1	About this republication	65
	2	Abbreviation key	65
	3	Table of legislation	66
	4	Table of amendments	67
	5	Table of earlier republications	68
	6	Penalties in this republication	68

As in force on
15 December 2000

Australian Capital Territory

Consumer Credit (Administration) Act 1996
An Act relating to the administration of the consumer credit industry
part 1—preliminary
1 	Short title
	This Act may be cited as the Consumer Credit (Administration) Act 1996. 1
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).
commissioner means the commissioner for fair trading.
consumer credit means credit to which the consumer credit legislation applies, and includes arrangements under a consumer lease within the meaning of the Credit Code.
consumer credit legislation means  the following legislation:
	(a)	this Act and the regulations under it.
	(b)	the Consumer Credit Act 1995 and the regulations under it;
	(c)	the Consumer Credit (Australian Capital Territory) Code;

	(d)	the Consumer Credit (Australian Capital Territory) Regulations;
	(e)	the Credit Act 1985 and the regulations under it.
consumer member—see subsection 64 (2).
Credit Code means the Consumer Credit (Australian Capital Territory) Code.
credit provider means a credit provider under the consumer credit legislation and includes a prospective credit provider.
debtor means a debtor under the consumer credit legislation, and includes a prospective debtor.
decision includes a determination, judgment or order.
defined influential person, in relation to a credit provider or a finance broker, means—
	(a)	if the credit provider or finance broker is a body corporate—the secretary or a director of the body; or
	(b)	in any case—
	(i)	a person substantially concerned in the direction or management of the credit provider or finance broker; or
	(ii)	a person able to control, or to substantially influence, the activities or internal affairs of the credit provider or finance broker.
deputy president means a deputy president of the tribunal.
determined fee means the fee determined under section 140 for the purposes of the provision in which the expression occurs.
finance broker means a person who (whether or not carrying on any other business) carries on the business of finance broking.
finance broking means negotiating, or acting as intermediary to obtain, consumer credit for persons other than an employer or principal of the person so negotiating or  acting.
financial institution means—
	(a)	a building society; or
	(b)	a credit union; or
	(c)	a trading society, or a housing and services society, registered under the Co-operative Societies Act 1939; or
	(d)	a body (however described) registered or incorporated under a law of a State or another Territory corresponding to the Co-operative Societies Act 1939.
industry member—see subsection 64 (2).
investigator means the commissioner or a person who is authorised by the commissioner under section 117.
member, of the tribunal, means the president, a deputy president or a non-presidential member.
non-presidential member means a member of the tribunal who is not a presidential member.
premises means any place occupied by—
	(a)	a credit provider, finance broker, debtor, guarantor, mortgagee or mortgagor under the consumer credit legislation; or
	(b)	a supplier in relation to—
	(i)	a trade or tie agreement under the Credit Act 1985; or
	(ii)	a tied continuing credit contract or tied loan contract under the Credit Code; or
	(c)	any other person who has, or whom the commissioner believes on reasonable grounds to have, entered into a transaction to which the consumer credit legislation applies.
president means the president of the tribunal.
presidential member means the president or a deputy president.
proceeding means a proceeding of the tribunal, other than an inquiry under Part 5.
registered credit provider means a credit provider who is registered under section 12.
registered finance broker means a finance broker who is registered under section 43.
registrar means the registrar of the tribunal.
registration means—
	(a)	in relation to a credit provider—registration under section 12; or
	(b)	in relation to a finance broker—registration under section 43.
tribunal means the Australian Capital Territory Credit Tribunal.
unjust conduct means conduct that—
	(a)	is dishonest or unfair; or
	(b)	breaches a contract; or
	(c)	contravenes the consumer credit legislation.

part 2—credit providers
Division 1—Exemptions
4 	Exemption—banks
	This Part does not apply in relation to a bank.
5 	Exemption—collection of debts due to former credit providers
	This Part does not apply in relation to the collection of money due to another person where—
	(a)	the other person is a former registered credit provider or a former holder of a credit provider’s licence under the Credit Act 1985, or where the person’s registration as a credit provider is suspended; and
	(b)	the money is collected pursuant to a contract for consumer credit entered into by the other person pursuant to the authority conferred under this Part, or under Part 11 of the Credit Act 1985, by the registration or licence.
6 	Exemption—Ministerial determination
(1) 	A provision of this Part does not apply in relation to a credit provider if a determination under subsection (2) is in force exempting that person from the application of the provision, to the extent set out in the determination.
(2) 	The Minister may make a determination exempting a credit provider from the application of this Part, in part or in whole, and to the extent set out in the determination.
(3) 	A determination under subsection (2) is a disallowable instrument.
Division 2—Provision of consumer credit
7 	Registration as a consumer credit provider
(1) 	A person shall not provide consumer credit unless the person is registered as a credit provider.
Maximum penalty:	  50 penalty units, imprisonment for 6 months or both.
(2) 	A natural person shall not hold himself or herself out as a provider of consumer credit unless the person is registered as a credit provider.
Maximum penalty:  30 penalty units.
(3) 	A body corporate shall not hold itself out as a provider of consumer credit unless it is registered as a credit provider.
Maximum penalty:  30 penalty units.
8 	Authorised names
(1) 	A registered credit provider shall not provide consumer credit otherwise than under the credit provider’s name or another name under which the credit provider is authorised under section 10 to provide consumer credit.
Maximum penalty:  30 penalty units.
(2) 	A registered credit provider who is a natural person shall not hold himself or herself out as providing consumer credit otherwise than under his or her name or another name under which he or she is authorised under section 10 to provide consumer credit.
Maximum penalty:  50 penalty units.
(3) 	A registered credit provider which is a body corporate shall not hold itself out as providing consumer credit otherwise than under the body’s name or another name under which the body is authorised under section 10 to provide consumer credit.
Maximum penalty:  50 penalty units.
9 	Partnerships
	A registered credit provider shall not provide consumer credit in partnership with a person who is not registered as a credit provider.
Maximum penalty:  50 penalty units.
Division 3—Registration of consumer credit providers
10 	Authority conferred by registration
	Subject to the consumer credit legislation and the Business Names Act 1963, registration as a credit provider authorises the registered person to provide consumer credit under the person’s name and under any other name endorsed on the registration certificate.
11 	Application for registration
(1) 	An application for registration as a credit provider may be made to the commissioner—
	(a)	by a natural person who has attained the age of 18 years; or
	(b)	by a body corporate.
(2) 	An application shall be in writing in a form approved by the Minister.
(3) 	An application shall be accompanied by the determined fee.
(4) 	An application shall specify—
	(a)	the applicant’s name and address; and
	(b)	if the applicant is a body corporate—the name and address of each director of the body; and
	(c)	the name or names under which the applicant intends to carry on business as a credit provider in the Territory; and
	(d)	the address of each place at which the applicant intends to carry on business as a credit provider in the Territory, indicating which of these is the principal place of business; and
	(e)	whether the applicant’s business as a credit provider is to be carried on in partnership with any other person; and
	(f)	any other matters prescribed by the regulations.
(5) 	An applicant for registration shall provide the commissioner with such particulars additional to those included in the application as the commissioner may require.
12 	Registration
(1) 	On an application for registration as a credit provider in accordance with section 11, the commissioner shall register the applicant unless the applicant is disqualified from registration—
	(a)	as a credit provider under this Part; or
	(b)	as a finance broker under Part 3.
(2) 	Upon registering a person as a credit provider, the commissioner shall issue a registration certificate to the person.
(3) 	A registration certificate shall be in a form approved by the Minister.
(4) 	The commissioner may, on payment of the determined fee, issue a duplicate of a registration certificate where he or she is satisfied that the certificate, or any duplicate subsequently issued under this subsection, has been lost or destroyed.
13 	Endorsement of names
(1) 	Upon registration, or upon application by a registered credit provider under subsection (2), the commissioner shall endorse the registration certificate with the name of the registered credit provider and any additional name or names under which the registered person intends to carry on, or carries on, business as a credit provider.
(2) 	Upon written application by a registered credit provider (accompanied by the registration certificate), the commissioner shall add, amend or omit an endorsement of a name on the registration certificate in accordance with the application.
14 	Changed particulars
	A registered credit provider shall give written notice to the commissioner specifying any change in the particulars notified upon application for registration, or in particulars subsequently notified under this section, within 14 days after the change. 
Maximum penalty:  10 penalty units.
15 	Term of registration
	Registration as a credit provider continues in force until it is surrendered or cancelled, except during any period during which the registration is suspended.
16 	Annual fee and statement
(1) 	A registered credit provider shall lodge with the commissioner the determined fee on or before 27 March each year, or within such extended period as the commissioner allows under subsection (4).
(2) 	A person who has been a registered credit provider at any time during the period of 12 months preceding 28 February in each year shall, on or before 27 March in that year, or within such extended period as the commissioner allows under subsection (4), lodge with the commissioner a statement in respect of that part of the period of 12 months preceding 28 February in that year during which the person provided consumer credit.
(3) 	A statement under subsection (2) shall be in a form approved by the Minister.
(4) 	The commissioner may, in writing, extend, or further extend, the period for compliance with subsection (1) or (2) on application before the expiry of the period by the person required to comply with the subsection.
(5) 	A person who is not registered as a credit provider who fails to comply with subsection (2) commits an offence.
Maximum penalty:  20 penalty units.
(6) 	The initial fee a registered credit provider is liable to pay under subsection (1) shall be calculated in accordance with the formula in subsection (7), or as otherwise provided by the regulations.
(7) 	For the purposes of subsection (6), the formula for the initial fee a registered credit provider is liable to pay under subsection (1) is as follows:

where:
	IF	is the initial fee a registered credit provider is liable to pay under subsection (1).
	DF	is the fee determined under section 140 for the purposes of subsection (1) of this section.
	AF	is the fee paid under section 11 by the credit provider upon applying for registration.
	M	is the number of whole months which had elapsed between the 28 February before the credit provider was registered and the date of registration.
(8) 	Where a calculation under subsection (6) yields nought, or a negative amount, for the initial fee that a registered credit provider is required to pay under subsection (1)—
	(a)	the credit provider is not liable to pay any fee under subsection (1); and
	(b)	if the calculation yields a negative amount—the commissioner shall accordingly refund that amount to the credit provider.
(9) 	In this section:
registered credit provider, in relation to the period of 12 months preceding 28 February in any year, includes a person whose registration was suspended for any part of that period, or for the whole of that period.
17 	Cancellation of registration for failure to pay fee or provide statement
(1) 	If a registered credit provider fails to lodge a fee or a statement in accordance with section 16, the commissioner shall give the credit provider written notice that the registration will be cancelled unless the fee or statement is lodged within a specified period (being a period of not less than 14 days after the date of the notice).
(2) 	If a registered credit provider fails to pay a fee or lodge a statement in accordance with a notice under subsection (1), the commissioner shall—
	(a)	cancel the registration; and
	(b)	disqualify the credit provider from obtaining registration as a credit provider or as a finance broker until such time as the fee is paid or the statement is lodged, as the case requires.
18 	Surrender of registration
(1) 	A registered credit provider may surrender the registration by written notice to the commissioner accompanied by the registration certificate, subject to this section.
(2) 	If the commissioner has issued a notice under section 23 in relation to a registered credit provider, the credit provider shall not surrender the registration before the commissioner has decided whether to take action under section 24.
(3) 	Upon application by a person who has surrendered registration, the commissioner shall return to the person so much as the commissioner thinks fit of the fee last paid by the person under subsection 16 (1).
(4) 	In this section:
registered credit provider includes a person whose registration as a credit provider is suspended.
Division 4—Disciplinary procedures
19 	Powers of inquiry
(1) 	The commissioner may make such inquiries for the purposes of this Division as he or she thinks fit about a registered credit provider.
(2) 	The commissioner of police shall make any reasonable inquiries for the purposes of this Division about a registered credit provider requested by the commissioner.
(3) 	The commissioner of police shall report the result of any inquiries under subsection (2) to the commissioner.
(4) 	In this section:
registered credit provider includes—
	(a)	a defined influential person in relation to a registered credit provider; and
	(b)	an employee of a registered credit provider.
20 	Cancellation or suspension for bankruptcy, fraud, dishonesty or incapacity
(1) 	The commissioner may cancel the registration of a credit provider who is a natural person, or suspend the registration for a specified period, if the credit provider—
	(a)	becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration or any part of his or her property for their benefit; or
	(b)	is convicted within the Territory or elsewhere of an offence involving fraud or dishonesty punishable, on conviction, by imprisonment for 3 months or more; or
	(c)	becomes incapable through mental infirmity of managing his or her affairs.
(2) 	The commissioner may cancel the registration of a credit provider which is a body corporate, or suspend the registration for a specified period, if the body—
	(a)	is dissolved, is under administration, is being wound up or has ceased to carry on business; or
	(b)	if a receiver, or a receiver and manager, has been appointed under the Corporations Law or under the corresponding law of a State or of another Territory in relation to any property of the body; or
	(c)	has entered into a compromise or scheme of arrangement with its creditors.
(3) 	If the commissioner cancels the registration of a credit provider under subsection (2), the commissioner shall disqualify the credit provider from obtaining registration as a credit provider or as a finance broker for the period specified in the notice of cancellation under section 130.
(4) 	On written application by a credit provider whose registration has been cancelled or suspended under subsection (1), the commissioner may—
	(a)	remove a suspension imposed under this section at any time before the expiry of the specified period of suspension; or
	(b)	revoke the disqualification of a credit provider at any time before the expiry of the specified period of disqualification.
21 	Grounds for other disciplinary action
	The grounds for disciplinary action under section 24 in relation to a registered credit provider are as follows:
	(a)	the credit provider has provided consumer credit inefficiently, dishonestly or unfairly;
	(b)	the credit provider provided false or misleading information to the commissioner in relation to an application for registration under this Act;
	(c)	the credit provider has contravened—
	(i)	the consumer credit legislation; or
	(ii)	a direction of the commissioner under section 24; or
	(iii)	an undertaking under section 104 or section 222 of the Credit Act 1985;
	(d)	the credit provider has provided consumer credit while the registration was suspended or while disqualified under this Part;
	(e)	if the credit provider was licensed or registered at any time under the Credit Act 1985—
	(i)	the credit provider provided false or misleading information in relation to an application for the licence under the Credit Act 1985, or for registration under the Credit Regulations 1985; or
	(ii)	the credit provider breached a condition to which the licence was subject; or
	(iii)	the credit provider contravened a requirement of the tribunal under paragraph 173 (8) (c) of the Credit Act 1985; or
	(iv)	the credit provider provided consumer credit while the licence was suspended or cancelled, or while disqualified under subsection 173 (8) (e) of the Credit Act 1985.
22 	Complaints against credit providers
	A person may make a complaint to the commissioner about the conduct of a registered credit provider.
23 	Notice to show cause
(1) 	The commissioner shall not take disciplinary action under section 24 in relation to a registered credit provider without first giving the credit provider written notice inviting that person to show cause within 28 days after the date of the notice why action should not be taken under that section.
(2) 	A notice under subsection (1) shall—
	(a)	specify each ground upon which the commissioner proposes to take disciplinary action; and
	(b)	include details of any complaint received under section 22 in relation to the credit provider.
(3) 	In deciding whether to take action under subsection 24 (1), the commissioner shall take into account—
	(a)	any complaint made under section 22; and
	(b)	any representation made by the credit provider in accordance with the invitation referred to in subsection (1).
24 	Disciplinary action
(1) 	If the commissioner is satisfied on reasonable grounds that any of the grounds referred to in section 21 are established in relation to a registered credit provider, he or she may take 1 or more of the following actions:
	(a)	issue a reprimand to the credit provider;
	(b)	subject to subsection (3), direct the credit provider to pay to the Territory, within a specified time, an amount not exceeding—
	(i)	if the credit provider is a natural person—$1,000; or
	(ii)	if the credit provider is a body corporate—$5,000;
	(c)	direct the credit provider to comply with a specified requirement within a specified time;
	(d)	suspend the registration for a period not exceeding 12 months;
	(e)	cancel the registration and disqualify the credit provider from obtaining registration as a credit provider or as a finance broker for the period specified in the notice of cancellation under section 130;
	(f)	disqualify a specified defined influential person in relation to the credit provider from obtaining registration as a credit provider or as a finance broker for the period specified in the notice of disqualification under section 130.
(2) 	A credit provider shall comply with a direction under paragraph (1) (b) or (c).
Maximum penalty:  50 penalty units.
(3) 	Where a registered credit provider has been convicted of an offence and the circumstances of the offence form, in whole or in part, a ground for taking disciplinary action against the credit provider under this section, the person is not liable to pay any amount under paragraph (1) (b).
(4) 	Where a direction imposing a requirement on a registered credit provider is made under paragraph (1) (c), the credit provider shall, upon written notice from the commissioner, return the certificate of registration to the commissioner for endorsement with the requirement within 14 days after the date of the notice.  
Maximum penalty:  10 penalty units.
(5) 	If the commissioner suspends or cancels the registration of a credit provider under this section, the credit provider shall return the certificate of registration to the commissioner within 14 days after the date of the order. 
Maximum penalty:  10 penalty units.
(6) 	A person who is disqualified from obtaining registration under paragraph (1) (e) or (f) shall not be concerned in the direction, management or control of a business of providing consumer credit, or of a finance broking business, during the period of disqualification.
Maximum penalty:  50 penalty units.
Division 5—General
24A 	Civil penalty
(1) 	Where—
	(a)	whether before or after the commencement of this section, the registration of a credit provider was or is suspended or cancelled under this Part; and
	(b)	after that commencement, the credit provider provides consumer credit to a debtor while the registration is suspended or cancelled;
the debtor is not liable to pay, at any time, any amount under the credit contract that would, but for this subsection, have been payable during the period of suspension or cancellation.
(2) 	Where, by virtue of subsection (1), a debtor is not liable to pay an amount under a credit contract but the debtor has paid such an amount, the amount is recoverable by the debtor as a debt due and payable by the credit provider.
(3) 	This section does not affect any liability of a person to be convicted of an offence.
25 	Death of registered credit provider
(1) 	If a registered credit provider dies, the credit provider’s legal personal representative may apply to the commissioner to take over the registration for a period of 6 months after the death.
(2) 	An application under subsection (1) shall be—
	(a)	lodged within 28 days after the death of the registered credit provider, or within such an extended period as the commissioner allows; and
	(b)	accompanied by the deceased credit provider’s registration certificate.
(3) 	On application in accordance with this section, the commissioner shall register the applicant unless the applicant is disqualified from registration—
	(a)	as a credit provider under this Part; or
	(b)	as a finance broker under Part 3.
(4) 	Where an application is granted, the commissioner shall endorse the registration certificate with the name of the applicant and the term of registration and return it to the applicant.
(5) 	For the purposes of this Part, a successful applicant under this section is to be taken to be registered as a credit provider subject to the condition that the registration is to terminate—
	(a)	at the expiration of 6 months after the death of the original registered credit provider; or
	(b)	if an application by the new registered credit provider to become the original registered credit provider’s legal personal representative is rejected at an earlier date—on the date of the rejection.
(6) 	In this section:
legal personal representative, in relation to a registered credit provider, includes—
	(a)	a person who is named as the credit provider’s legal personal representative; and
	(b)	a person who intends to apply to become the credit provider’s legal personal representative.
26 	Register of credit providers
(1) 	For the purposes of this Act and the Credit Act 1985, the commissioner shall keep a register to be known as the register of credit providers including particulars of registration of all registered credit providers.
(2) 	The register shall be kept in such form and manner as the commissioner thinks fit.
27 	Access to register
	On application to the commissioner in writing accompanied by the determined fee, a person may—
	(a)	inspect the register of credit providers; and
	(b)	obtain a copy of, or an extract from, the register.
28 	False or misleading statements
	A person shall not make a statement in purported compliance with this Part that is false or misleading by reason of—
	(a)	the inclusion of matter in the statement which the person knows to be false or misleading; or
	(b)	the inclusion of matter in the statement which the person has no reasonable grounds for believing to be true; or
	(c)	the inclusion of matter in the statement which the person has no reasonable grounds for believing to be accurate; or

	(d)	the omission from the statement of any material matter which the person knows to be material, except where the person believes on reasonable grounds that such an omission would not make the statement false or misleading.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

part 3—Finance broking
Division 1—Exemptions
29 	Exemption—specified persons and bodies
	This Part does not apply in relation to any of the following persons:
	(a)	a bank;
	(b)	a financial institution;
	(c)	a legal practitioner while acting in the ordinary course of the profession of legal practitioner;
	(d)	a registered company auditor within the meaning of the Corporations Law, while acting in the ordinary course of the profession of public accountant;
	(e)	a body corporate registered under the Life Insurance Act 1995 (Cwlth);
	(f)	a body corporate authorised under the Insurance Act 1973 (Cwlth) to carry on insurance business;
	(g)	unless Part VII of the Insurance Act 1973 (Cwlth) has ceased to have effect—a Lloyd’s underwriter, being an underwriter of the society known as Lloyd’s incorporated by the Imperial Act known as Lloyd’s Act 1871;
	(h)	a dealer under, or a recognised dealer pursuant to, the Security Industry Act 1980 (Cwlth) while acting in the ordinary course of the business of a dealer within the meaning of that Act;
	(j)	the curator of estates of deceased persons within the meaning of the Public Trustee Act 1985;
	(k)	the public trustee within the meaning of the Public Trustee Act 1985;
	(m)	a trustee company within the meaning of the Trustee Companies Act 1947.
30 	Exemption—finance broking in the course of another business
	This Part does not apply in relation to a person (the exempt person) who carries on a business in good faith of selling land or supplying goods or services (whether as principal or agent) where—
	(a)	the exempt person acts as a finance broker in relation to the provision of consumer credit exclusively for a person (the client) who deals with the exempt person in the ordinary course of that business; and
	(b)	the client has given written authority for such credit to be applied in payment for land, goods or services sold or supplied in the course of that business.
31 	Exemption—Ministerial determination
(1) 	A provision of this Part does not apply in relation to a finance broker if a determination under subsection (2) is in force exempting that person from the application of the provision, to the extent set out in the determination.
(2) 	The Minister may make a determination exempting a finance broker from the application of this Part, in part or in whole, and to the extent set out in the determination.
(3) 	A determination under subsection (2) is a disallowable instrument.
Division 2—Finance broking
32 	Registration as a finance broker
(1) 	A person shall not act as a finance broker unless the person is registered as a finance broker.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
(2) 	A natural person shall not hold himself or herself out as a finance broker unless the person is registered as a finance broker.
Maximum penalty:  30 penalty units.
(3) 	A body corporate shall not hold itself out as a finance broker unless it is registered as a finance broker.
Maximum penalty:  30 penalty units.
33 	Advertising
	A finance broker shall not publish, or cause to be published, whether in a newspaper or otherwise, an advertisement in connection with the broker’s business as a finance broker without specifying in the advertisement—
	(a)	a name under which the broker is authorised to act as a finance broker under section 41; and
	(b)	the address of a place of business in respect of that name where the broker is authorised to act as a finance broker.
Maximum penalty:  10 penalty units.
34 	Records
(1) 	A finance broker shall make, or cause to be made, a full record of the particulars of a finance broking transaction as soon as practicable after entering into the transaction.
Maximum penalty:  20 penalty units.
(2) 	A finance broker shall preserve a record made under subsection (1) for the period of 3 years immediately following the date of the transaction.
Maximum penalty:  20 penalty units.
35 	Commissions
(1) 	A finance broker shall not demand, receive or accept any commission for a finance broking transaction unless the transaction is effected pursuant to a written agreement—
	(a)	signed by the person charged, or to be charged, with the payment of the commission; and
	(b)	containing particulars of the amount of credit to be obtained, the term of the credit and the maximum amount of interest and other charges to be paid in respect of the credit. 
Maximum penalty:  50 penalty units.
(2) 	A finance broker shall not demand, receive or accept any commission for a finance broking transaction in excess of the maximum prescribed by the regulations.
Maximum penalty:  50 penalty units.
(3) 	A finance broker shall not demand, receive or accept any commission for a finance broking transaction before securing the credit in respect of which the commission is charged.
Maximum penalty:  50 penalty units.
(4) 	A finance broker shall not demand, receive or accept any commission for a finance broking transaction if the credit secured—
	(a)	is for an amount less than the amount specified in the terms of the agreement to act as a finance broker required under subsection (1); or
	(b)	is at a rate of interest, or for a charge, greater than the rate or charge specified in the terms of that agreement; or
	(c)	is for a term less than the term specified in that agreement.
Maximum penalty:  50 penalty units.
(5) 	In proceedings for an offence under this section, the court may, if it finds the finance broker guilty of the offence (whether or not it proceeds to conviction), order the finance broker—
	(a)	to refund any amount received or accepted by the finance broker in contravention of this section; and
	(b)	to pay interest on such an amount at such rate as is fixed by the court, not exceeding the rate prescribed by the regulations, from the time of the receipt or acceptance of the amount until the time it is refunded.
36 	Valuation fees
(1) 	Nothing in section 35 prohibits a finance broker from demanding, receiving or accepting at any time an amount equal to the estimated cost of obtaining a valuation of any security offered for any proposed credit.
(2) 	Subsection (1) applies only if—
	(a)	the cost of the valuation is estimated on the basis of the fees (if any) prescribed by the regulations as the maximum fees for such valuations; and
	(b)	any amount paid for the valuation is held in trust by the finance broker to pay the costs of the valuation and to repay the balance of any such amount to the person who paid it.
37 	False statements about credit provision
	A finance broker shall not induce, or attempt to induce, a person to enter into an agreement in relation to the provision of consumer credit by making a statement or representation that is false or misleading by reason of—
	(a)	the inclusion of matter which the finance broker knows to be false or misleading; or
	(b)	the inclusion of matter which the finance broker has no reasonable grounds for believing to be true; or
	(c)	the inclusion of matter which the finance broker has no reasonable grounds for believing to be accurate; or
	(d)	the omission of any material matter which the finance broker knows to be material, except where the finance broker believes on reasonable grounds that such an omission would not make the statement or representation false or misleading.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
38 	Authorised names
(1) 	A registered finance broker shall not act as a finance broker otherwise than under the finance broker’s name or another name under which the broker is authorised to act under section 41.
Maximum penalty:  50 penalty units.
(2) 	A registered finance broker who is a natural person shall not hold himself or herself out as a finance broker otherwise than under his or her name or another name under which he or she is authorised under section 41 to act as a finance broker.
Maximum penalty:  50 penalty units.
(3) 	A registered finance broker which is a body corporate shall not hold itself out as a finance broker otherwise than under the body’s name or another name under which the body is authorised under section 41 to act as a finance broker.
Maximum penalty:  50 penalty units.
39 	Partnerships
	A registered finance broker shall not carry on a business of finance broking in partnership with a person who is not registered as a finance broker.
Maximum penalty:  50 penalty units.
40 	Proof of finance broking offences
	A finance broker is not liable to be convicted of an offence under this Division unless it is proved that—
	(a)	the finance broker knew or had reasonable cause to suspect that the credit to which the proceedings relate was, or was to be, consumer credit in whole or in part; or
	(b)	if the finance broker had made reasonable inquiries, the finance broker would have known or had reasonable cause to suspect that the credit to which the proceedings relate was, or was to be, consumer credit in whole or in part.
Division 3—Registration of finance brokers
41 	Authority conferred by registration
	Subject to the consumer credit legislation and the Business Names Act 1963, registration as a finance broker authorises the registered person to act as a finance broker under the person’s name and under any other name endorsed on the registration certificate.
42 	Application for registration
(1) 	An application for registration as a finance broker may be made to the commissioner —
	(a)	by a natural person who has attained the age of 18 years; or
	(b)	by a body corporate.
(2) 	An application shall be in writing in a form approved by the Minister.
(3) 	An application shall be accompanied by the determined fee.
(4) 	An application shall specify—
	(a)	the applicant’s name and address; and
	(b)	if the applicant is a body corporate—the name and address of each director of the body; and
	(c)	the name or names under which the applicant intends to carry on business as a credit provider in the Territory; and
	(d)	the address of each place at which the applicant intends to carry on business as a finance broker in the Territory, indicating which of these is the principal place of business; and
	(e)	whether the applicant’s business as a finance broker is to be carried on in partnership with any other person; and
	(f)	any other matters prescribed by the regulations.
(5) 	An applicant for registration shall provide the commissioner with such particulars additional to those included in the application as the commissioner may require.
43 	Registration
(1) 	On an application for registration as a finance broker in accordance with section 42, the commissioner shall register the applicant unless the applicant is disqualified from registration—
	(a)	as a finance broker under this Part; or
	(b)	as a credit provider under Part 2.
(2) 	Upon registering a person as a finance broker, the commissioner shall issue a registration certificate to the person.
(3) 	A registration certificate shall be in a form approved by the Minister.
(4) 	The commissioner may, on payment of the determined fee, issue a duplicate of a registration certificate where he or she is satisfied that the certificate, or any duplicate subsequently issued under this subsection, has been lost or destroyed.
44 	Endorsement of names
(1) 	Upon registration, or upon application by a registered finance broker under subsection (2), the commissioner shall endorse the registration certificate with the name of the registered finance broker and any additional name or names under which the registered person intends to carry on, or carries on, business as a finance broker.
(2) 	Upon written application by a registered finance broker (accompanied by the registration certificate), the commissioner shall add, amend or omit an endorsement of a name on the registration certificate in accordance with the application.
45 	Changed particulars
	A registered finance broker shall give written notice to the commissioner specifying any change in the particulars notified upon application for registration, or in particulars subsequently notified under this section, within 14 days after the change. 
Maximum penalty:  10 penalty units.
46 	Term of registration
	Registration as a finance broker continues in force until it is surrendered or cancelled, except during any period during which the registration is suspended.
47 	Annual fee and statement
(1) 	A registered finance broker shall lodge with the commissioner the determined fee on or before 27 March each year, or within such extended period as the commissioner allows under subsection (4).
(2) 	A person who has been a registered finance broker at any time during the period of 12 months preceding 28 February in each year shall, on or before 27 March in that year, or within such extended period as the commissioner allows under subsection (4), lodge with the commissioner a statement in respect of that part of the period of 12 months preceding 28 February in that year during which the person acted as a finance broker.
(3) 	A statement under subsection (2) shall be in a form approved by the Minister.
(4) 	The commissioner may, in writing, extend, or further extend, the period for compliance with subsection (1) or (2) on application before the expiry of the period by the person required to comply with the subsection.
(5) 	A person who is not registered as a finance broker who fails to comply with subsection (2) commits an offence.
Maximum penalty:  20 penalty units.
(6) 	The initial fee a registered finance broker is liable to pay under subsection (1) shall be calculated in accordance with the formula in subsection (7), or as otherwise provided by the regulations.
(7) 	For the purposes of subsection (6), the formula for the initial fee a registered finance broker is liable to pay under subsection (1) is as follows:

where:
	IF	is the initial fee a registered finance broker is liable to pay under subsection (1).
	DF	is the fee determined under section 140 for the purposes of subsection (1) of this section.
	AF	is the fee paid under section 42 by the finance broker upon applying for registration.
	M	is the number of whole months which had elapsed between the 28 February before the finance broker was registered and the date of registration.
(8) 	Where a calculation under subsection (6) yields nought, or a negative amount, for the initial fee that a registered finance broker is required to pay under subsection (1)—
	(a)	the finance broker is not liable to pay any fee under subsection (1); and
	(b)	if the calculation yields a negative amount—the commissioner shall accordingly refund that amount to the finance broker.
(9) 	In this section:
registered finance broker, in relation to the period of 12 months preceding 28 February in any year, includes a person whose registration was suspended for any part of that period, or for the whole of that period.
48 	Cancellation of registration for failure to pay fee or provide statement
(1) 	If a registered finance broker fails to lodge a fee or a statement in accordance with section 47, the commissioner shall give the finance broker written notice that the registration will be cancelled unless the fee or statement is lodged within a specified period (being a period of not less than 14 days after the date of the notice).
(2) 	If a registered finance broker fails to pay a fee or lodge a statement in accordance with a notice under subsection (1), the commissioner shall—
	(a)	cancel the registration; and
	(b)	disqualify the finance broker from obtaining registration as a finance broker or as a credit provider until such time as the fee is paid or the statement is lodged, as the case requires.
49 	Surrender of registration
(1) 	A registered finance broker may surrender the registration by written notice to the commissioner accompanied by the registration certificate, subject to this section.
(2) 	If the commissioner has issued a notice under section 54 in relation to a registered finance broker, the finance broker shall not surrender the registration before the commissioner has decided whether to take action under section 55.
(3) 	Upon application by a person who has surrendered registration, the commissioner shall return to the person so much as the commissioner thinks fit of the fee last paid by the person under subsection 47 (1).
(4) 	In this section:
registered finance broker includes a person whose registration as a finance broker is suspended.
Division 4—Disciplinary procedures
50 	Powers of inquiry
(1) 	The commissioner may make such inquiries for the purposes of this Division as he or she thinks fit about a registered finance broker.
(2) 	The commissioner of police shall make any reasonable inquiries for the purposes of this Division about a registered finance broker requested by the commissioner.
(3) 	The commissioner of police shall report the result of any inquiries under subsection (2) to the commissioner.
(4) 	In this section:
registered finance broker includes—
	(a)	a defined influential person in relation to a registered finance broker; and
	(b)	an employee of a registered finance broker.
51 	Cancellation or suspension for bankruptcy, fraud, dishonesty or incapacity
(1) 	The commissioner may cancel the registration of a finance broker who is a natural person, or suspend the registration for a specified period, if the finance broker—
	(a)	becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration or any part of his or her property for their benefit; or
	(b)	is convicted within the Territory or elsewhere of an offence involving fraud or dishonesty punishable, on conviction, by imprisonment for 3 months or more; or
	(c)	becomes incapable through mental infirmity of managing his or her affairs.
(2) 	The commissioner may cancel the registration of a finance broker which is a body corporate, or suspend the registration for a specified period, if—
	(a)	the body is dissolved, is under administration, is being wound up or has ceased to carry on business; or
	(b)	a receiver, or a receiver and manager, has been appointed under the Corporations Law or under the corresponding law of a State or of another Territory in relation to any property in respect of the body; or
	(c)	the body has entered into a compromise or scheme of arrangement with its creditors.
(3) 	If the commissioner cancels the registration of a finance broker under subsection (2), the commissioner shall disqualify the finance broker from obtaining registration as a finance broker or as a credit provider for the period specified in the notice of cancellation under section 130.
(4) 	On written application by a finance broker whose registration has been cancelled or suspended under subsection (1), the commissioner may—
	(a)	remove a suspension imposed under this section at any time before the expiry of the specified period of suspension; or
	(b)	revoke the disqualification of a finance broker at any time before the expiry of the specified period of disqualification.
52 	Grounds for other disciplinary action
	The grounds for disciplinary action under section 55 in relation to a registered finance broker are as follows:
	(a)	the finance broker has acted as a finance broker inefficiently, dishonestly or unfairly;
	(b)	the finance broker provided false or misleading information to the commissioner in relation to an application for registration under this Act;
	(c)	the finance broker has contravened—
	(i)	the consumer credit legislation; or
	(ii)	a direction of the commissioner under section 55; or
	(iii)	an undertaking under section 105;
	(d)	the finance broker has acted as a finance broker while the registration was suspended or cancelled, or while disqualified under this Part;
	(e)	if the finance broker was licensed at any time under the Credit Act 1985—
	(i)	the finance broker provided false or misleading information in relation to an application for the licence; or
	(ii)	the finance broker breached a condition to which the licence was subject; or
	(iii)	the finance broker contravened a requirement of the tribunal under paragraph 173 (8) (c) of the Credit Act 1985; or
	(iv)	the finance broker acted as a finance broker while the licence was suspended or cancelled, or while disqualified under subsection 173 (8) (e) of the Credit Act 1985.
53 	Complaints against finance brokers
	A person may make a complaint to the commissioner about the conduct of a registered finance broker.
54 	Notice to show cause
(1) 	The commissioner shall not take disciplinary action under section 55 in relation to a registered finance broker without first giving the finance broker written notice inviting that person to show cause within 28 days after the date of the notice why action should not be taken under that section.
(2) 	A notice under subsection (1) shall—
	(a)	specify each ground upon which the commissioner proposes to take disciplinary action; and
	(b)	include details of any complaint received under section 53 in relation to the finance broker.
(3) 	In deciding whether to take action under subsection 55 (1), the commissioner shall take into account—
	(a)	any complaint made under section 53; and
	(b)	any representation made by the finance broker in accordance with the invitation referred to in subsection (1).
55 	Disciplinary action
(1) 	If the commissioner is satisfied on reasonable grounds that any of the grounds referred to in section 52 are established in relation to a registered finance broker, he or she may take 1 or more of the following actions:
	(a)	issue a reprimand to the finance broker;
	(b)	subject to subsection (3), direct the finance broker to pay to the Territory, within a specified time, an amount not exceeding—
	(i)	if the finance broker is a natural person—$1,000; or
	(ii)	if the finance broker is a body corporate—$5,000;
	(c)	direct the finance broker to comply with a specified requirement within a specified time;
	(d)	suspend the registration for a period not exceeding 12 months;
	(e)	cancel the registration and disqualify the finance broker from obtaining registration as a finance broker or as a credit provider for the period specified in the notice of cancellation under section 130;
	(f)	disqualify a specified defined influential person in relation to the finance broker from obtaining registration as a finance broker or as a credit provider for the period specified in the notice of disqualification under section 130.
(2) 	A finance broker shall comply with a direction under paragraph (1) (b) or (c).
Maximum penalty:  50 penalty units.
(3) 	Where a registered finance broker has been convicted of an offence and the circumstances of the offence form, in whole or in part, a ground for taking disciplinary action against the finance broker under this section, the person is not liable to pay any amount under paragraph (1) (b).
(4) 	Where a direction imposing a requirement on a registered finance broker is made under paragraph (1) (c), the finance broker shall, upon written notice from the commissioner, return the certificate of registration to the commissioner for endorsement with the requirement within 14 days after the date of the notice.  
Maximum penalty:  10 penalty units.
(5) 	If the commissioner suspends or cancels the registration of a finance broker under this section, the finance broker shall return the certificate of registration to the commissioner within 14 days after the date of the order. 
Maximum penalty:  10 penalty units.
(6) 	A person who is disqualified from obtaining registration under paragraph (1) (e) or (f) shall not be concerned in the direction, management or control of a finance broking business, or of a business of providing consumer credit, during the period of disqualification.
Maximum penalty:  50 penalty units.
Division 5—General
55A 	Civil penalty
(1) 	Where—
	(a)	whether before or after the commencement of this section, the registration of a finance broker was or is suspended or cancelled under this Part; and
	(b)	after that commencement, the finance broker is involved in finance broking and for that purpose enters into a contract with a debtor while the registration is suspended or cancelled;
the debtor is not liable to pay any amount under the contract.
(2) 	Where, by virtue of subsection (1), a debtor is not liable to pay any amount under a contract but the debtor has paid such an amount, the amount is recoverable by the debtor as a debt due and payable by the finance broker.
(3) 	This section does not affect any liability of a person to be convicted of an offence.
56 	Death of registered finance broker
(1) 	If a registered finance broker dies, the finance broker’s legal personal representative may apply to the commissioner to take over the registration for a period of 6 months after the death.
(2) 	An application under subsection (1) shall be—
	(a)	lodged within 28 days after the death of the registered finance broker, or within such an extended period as the commissioner allows; and
	(b)	accompanied by the deceased finance broker’s registration certificate.
(3) 	On application in accordance with this section, the commissioner shall register the applicant unless the applicant is disqualified from registration—
	(a)	as a finance broker under this Part; or
	(b)	as a credit provider under Part 2.
(4) 	Where an application is granted, the commissioner shall endorse the registration certificate with the name of the applicant and the term of registration and return it to the applicant.
(5) 	For the purposes of this Part, a successful applicant under this section is to be taken to be registered as a finance broker subject to the condition that the registration is to terminate—
	(a)	at the expiration of 6 months after the death of the original registered finance broker; or
	(b)	if an application by the new registered finance broker to become the original registered finance broker’s legal personal representative is rejected at an earlier date—on the date of the rejection.
(6) 	In this section:
legal personal representative, in relation to a registered finance broker, includes—
	(a)	a person who is named as the finance broker’s legal personal representative; and
	(b)	a person who intends to apply to become the finance broker’s legal personal representative.
57 	Register of finance brokers
(1) 	For the purposes of this Act and the Credit Act 1985, the commissioner shall keep a register to be known as the register of finance brokers including particulars of registration of all registered finance brokers.
(2) 	The register shall be kept in such form and manner as the commissioner thinks fit.
58 	Access to register
	On application to the commissioner in writing accompanied by the determined fee, a person may—
	(a)	inspect the register of finance brokers; and
	(b)	obtain a copy of, or an extract from, the register.
59 	False or misleading statements
	A person shall not make a statement in purported compliance with this Part that is false or misleading by reason of—
	(a)	the inclusion of matter in the statement which the person knows to be false or misleading; or
	(b)	the inclusion of matter in the statement which the person has no reasonable grounds for believing to be true; or
	(c)	the inclusion of matter in the statement which the person has no reasonable grounds for believing to be accurate; or
	(d)	the omission from the statement of any material matter which the person knows to be material, except where the person believes on reasonable grounds that such an omission would not make the statement false or misleading.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

part 4—Credit Tribunal
Division 1—Establishment, functions and powers
60 	Continuation of tribunal
	The Australian Capital Territory Credit tribunal in existence under the Credit Act 1985 immediately before the commencement of this Part continues in existence by force of this section.
61 	Functions and powers
(1)	The tribunal has the functions and powers conferred on it by the consumer credit legislation.
(2) 	Without limiting subsection (1), the tribunal has power to do everything necessary or convenient to be done in relation to the carrying out of its functions.
Division 2—Tribunal members
62 	Membership of tribunal
(1) 			The tribunal consists of—
	(a)	the president; and
	(b)	the deputy presidents; and
	(c)	the non-presidential members. 
(2) 	The members of the tribunal are to be appointed by the Executive. 
63 	Presidential members
(1) 	A person is eligible to be appointed president only if the person is a magistrate.
(2) 	A person is eligible to be appointed deputy president only if the person is a magistrate or a lawyer of at least 5 years standing.
64 	Non-presidential members
(1) 	The Executive must appoint as non-presidential members—
	(a)	persons who, in its opinion, represent the interests of credit providers and finance brokers; and
	(b)	persons who, in its opinion, represent the interests of persons who obtain consumer credit from credit providers or through finance brokers.
(2) 	A member appointed under paragraph (1) (a) is an industry member, and a member appointed under paragraph (1) (b) is a consumer member.
65 	Terms of appointment generally
(1) 	A member may be appointed as a full-time or part-time member.
(2) 	A member holds office on the terms not provided by this Act that are decided by the Executive.
(3) 	This section does not apply to a member who is a magistrate.
66 	Matters to be included in instrument of appointment etc
	The instrument appointing, or evidencing the appointment of, a member must state—
	(a)	whether the member is the president, a deputy president, consumer member or industry member; and
	(b)	the period for which the member is appointed; and
	(c)	if the member is not a magistrate—whether the member is appointed as a full-time or part-time member.
67 	Duration of appointment
(1) 	A member is to be appointed for a term of not longer than 5 years.
(2) 	The Executive may end the appointment of a member who is not a magistrate—
	(a)	for misbehaviour or physical or mental incapacity; or
	(b)	if the member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for the benefit of creditors.
(3) 	The Executive must end the appointment of—
	(a)	a presidential member who is a magistrate if the member ceases to be a magistrate; or
	(b)	a deputy president who is not a magistrate if the member ceases to be eligible for appointment; or
	(c)	a non-presidential member if the Executive is satisfied that the member no longer represents the interests of the people the member was appointed to represent; or
	(d)	a member who is not a magistrate if the member is convicted in Australia or elsewhere of an offence punishable by imprisonment for 1 year or longer.
Division 3—Registrar and deputy registrars
69 	Registrar and deputy registrars
(1) 	The registrar of the Magistrates Court is the registrar of the tribunal.
(2) 	Each deputy registrar of the Magistrates Court is a deputy registrar of the tribunal.
(3) 	Subject to any direction of the registrar, a deputy registrar of the tribunal may exercise the powers of the registrar of the tribunal.
(4) 	The registrar may, by signed writing, delegate to a public servant all or any of his or her powers under this Act.
Division 4—Proceedings
71 	Constitution of tribunal
(1) 	The tribunal is to be constituted for a proceeding by—
	(a)	a presidential member; and
	(b)	a non-presidential member who is an industry member; and
	(c)	a non-presidential member who is a consumer member.
(2) 	However, the tribunal may be constituted for a proceeding only by a presidential member if—
	(a)	there is only 1 party to the proceeding and the president considers that the proceeding is unlikely to involve another party; or
	(b)	there are 2 or more parties to the proceeding and all the parties agree to the tribunal being constituted only by a presidential member; or
	(c)	the proceeding is a proceeding prescribed under the regulations for this paragraph.
(3) 	Also, if a member of the tribunal other than the presidential member ceases to be a member, or to be available for the proceeding, before its completion, the presidential member and any remaining non-presidential member may finish the proceeding if the presidential member considers it desirable to do so.
72 	Role of president
(1) 	The president is responsible for ensuring the orderly and prompt discharge of the tribunal’s business.
(2) 	Without limiting subsection (1), the president may give directions about the members who are to constitute the tribunal for a particular proceeding.
73 	Presiding member
	The presidential member must preside at a proceeding.
74 	Procedure
(1) 	Subject to this Act, the tribunal may determine the procedure to be followed in a proceeding.
(2) 	The tribunal is not bound by the rules of evidence but may inform itself on any matter relevant to a proceeding in such manner as it thinks appropriate.
(3) 	A proceeding shall be conducted with as little formality and technicality, and with as much expedition, as this Act and the merits of the matter permit.
(4) 	The tribunal is bound by the rules of natural justice.
75 	Directions by presidential member
	The presidential member may give directions about the procedure to be followed in a proceeding for—
	(a)	reducing the costs of the parties to the proceeding; and
	(b)	achieving a prompt hearing of the matters in issue between the parties.
76 	Assistance from commissioner
	The presidential member may request the commissioner to prepare a report for, or provide other assistance to, the tribunal in relation to a proceeding.
77 	Deciding questions
(1) 	The presidential member is to decide a question of law arising in a proceeding.
(2) 	If there is a division of opinion about another question arising in a proceeding, the question is decided—
	(a)	according to the opinion of the majority of members constituting the tribunal; or 
	(b)	if there is no majority on the question—according to the opinion of the presidential member.
78 	Reference of questions of law to Supreme Court
(1) 	The presidential member may, at the request of a party to a proceeding, refer a question of law arising in the proceeding to the Supreme Court for a decision.
(2) 	The Supreme Court has jurisdiction to hear and determine a question of law referred to it under subsection (1).
(3) 	Where a question of law has been referred to the Supreme Court under subsection (1), the tribunal shall not in the proceeding in which the question arose—
	(a)	make a decision to which the question is relevant while the reference is pending; or
	(b)	proceed in a manner, or make a decision, that is inconsistent with the Supreme Court’s decision on the question.
79 	Joint liability
(1) 	Subject to the consumer credit legislation, where a party to a proceeding is jointly liable with another person, that other person need not be made a party to the proceeding.
(2) 	Where a decision is made against a party to a proceeding (the party) who is jointly liable with another person who is not a party to the proceeding (the non-party)—
	(a)	the liability of the non-party is not discharged by the decision or any step taken to enforce the decision; and
	(b)	the party and the non-party are severally but not jointly liable; and
	(c)	if there are 2 or more non-parties—as between themselves, the non-parties are jointly liable; and
	(d)	the liability of the non-party is discharged to the extent of any amount paid or recovered pursuant to the decision.
(3) 	Nothing in subsection (2) affects the right of a person to contribution or indemnity in respect of satisfaction by the person of a liability that he or she has jointly, severally or jointly and severally with another person.
80 	Legal personal representatives
	A legal personal representative may bring or defend a proceeding in the same manner as if he or she were bringing or defending the proceeding in his or her own right.
81 	Adding parties
(1) 	If, at any stage of a proceeding, the presidential member is of the opinion that a person should be a party to the proceeding, the presidential member may join the person as a party.
(2) 	The tribunal may, on application by a person whose interests may be affected by a proceeding, join that person as a party to the proceeding.
82 	Notice of proceeding
(1) 	The presidential member is to fix a time and place for the conduct of a proceeding.
(2) 	The registrar shall serve on each party to the proceeding a notice—
	(a)	specifying the time and place so fixed; and
	(b)	specifying the matters to which the proceeding relates; and
	(c)	directing the party on whom it is served to appear at that time and place.
83 	Appearance and representation
(1) 	A party to a proceeding—
	(a)	may appear in person; or
	(b)	subject to subsection (2), may be represented by a legal practitioner; or
	(c)	with the leave of the tribunal, may be represented by a person other than a legal practitioner.
(2) 	A party to a prescribed proceeding may only be represented by a legal practitioner with the leave of the tribunal.
(3) 	A person other than a legal practitioner is not entitled to demand or receive any fee or reward for representing a party to a proceeding.
84 	Failure to appear
	If a party on whom a notice in accordance with subsection 82 (2) is served fails to appear as directed by the notice, the tribunal may conduct the proceeding in the party’s absence.
85 	Hearings
(1) 	Subject to this section, the hearing of a proceeding shall be in public.
(2) 	The tribunal may—
	(a)	direct that a hearing or part of a hearing is to be in private and give directions as to the persons who may be present; or
	(b)	give directions prohibiting or restricting the publication or other disclosure of any evidence before or submission made to the tribunal, whether in a public or private hearing.
(3) 	The tribunal may give a direction under subsection (2) if satisfied that it is desirable to do so because of—
	(a)	the confidential nature of the subject matter of the proceeding; or
	(b)	the confidential nature of any evidence before the tribunal; or
	(c)	any other reason.
(4) 	A person who contravenes a direction under paragraph (2) (b) commits an offence.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
86 	Summoning witnesses
(1) 	For the purposes of a proceeding, the registrar shall—
	(a)	if directed to do so by the presidential member; or
	(b)	if requested to do so by a party to the proceeding;
serve on a person a summons requiring the person to appear before the tribunal—
	(c)	on a date specified in the summons to produce the documents and other things referred to in the summons; or
	(d)	at a hearing—
	(i)	to give evidence; or
	(ii)	to give evidence and produce the documents and other things referred to in the summons.
(2) 	Where a person is required by a summons to produce a record—
	(a)	that is not in writing; or
	(b)	that is not written in the English language; or
	(c)	that is not decipherable on sight;
the summons shall be taken to require the person to produce—
	(d)	instead of the record if it is not in writing; or
	(e)	in addition to the record if it is in writing;
a statement, written in the English language and decipherable on sight, about the information in the record.
(3) 	A person served with a summons under subsection (1) shall not, without reasonable excuse, fail to comply with the summons.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
(4) 	A person shall be taken to have complied with a summons of the kind referred to in paragraph (1) (c) if the person delivers the documents and things to the tribunal before the date specified in the summons.
(5) 	A person who appears at a hearing pursuant to a summons is entitled to be paid—
	(a)	if summoned at the direction of the presidential member—the fees and allowances as are payable to a witness before the Supreme Court; or
	(b)	if summoned at the request of a party—his or her reasonable costs and expenses of attendance at the hearing.
(6) 	A summons under subsection (1) shall be accompanied by a form to be completed by the person required to appear to claim the fees and allowances, or costs and expenses, mentioned in subsection (5).
(7) 	A person is not entitled to refuse to comply with a summons because it was not accompanied by that form.
87 	Taking of evidence
(1) 	At a hearing, the tribunal may take evidence on oath or affirmation and, for that purpose the presidential member may—
	(a)	require a witness at the hearing either to take an oath or make an affirmation; and
	(b)	administer an oath or affirmation to a witness at the hearing.
(2) 	At a hearing, the presidential member may require a witness—
	(a)	to answer a question put to the witness; or 
	(b)	to produce a document or anything else relevant to the hearing.
(3) 	A witness at a hearing must not, without reasonable excuse, fail—
	(a)	to take an oath or make an affirmation when required to do so by the presidential member under paragraph (1) (a); or
	(b)	to give evidence when required to do so by the presidential member under subsection (2).
Maximum penalty (for subsection (3)): 50 penalty units, imprisonment for 6 months or both.
88 	Inspection and retention of documents and things
(1) 	The tribunal or a member of the tribunal may—
	(a)	inspect a document or other thing produced before, or delivered to, the tribunal; and
	(b)	retain possession of the document or thing for such period as is necessary for the purposes of the proceeding to which the document or thing relates; and
	(c)	in the case of a document produced before, or delivered to, the tribunal—make copies of, or take extracts from, such parts of the document as are relevant to a matter the subject of the proceeding.
(2) 	Where a document is retained under paragraph (1) (b)—
	(a)	the person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by a member of the tribunal to be a true copy and the certified copy shall be received in all courts as if it were the original; and
	(b)	until the certified copy is supplied, the registrar shall, at such times and places as he or she thinks appropriate, permit the person otherwise entitled to possession of the document, or a person authorised by that person, to inspect and make copies of, or take extracts from, the document.
(3) 	Where the retention of a document or other thing under paragraph (1) (b) is no longer necessary for the purposes of a proceeding, the registrar may, at the request of a person who appears to be entitled to make the request, cause the document or thing to be delivered to the person.
89 	Adjournments and stays
	The tribunal may, on the application of a party or of its own motion—
	(a)	adjourn a proceeding; or
	(b)	at any stage of a proceeding, order that the proceeding be stayed.
90 	Dismissal of proceedings
(1) 	The tribunal may, at any stage of a proceeding, dismiss the proceeding—
	(a)	if satisfied that it is frivolous or vexatious; or
	(b)	for any other reason.
(2) 	Where the tribunal dismisses a proceeding under subsection (1), it may order the person who brought the proceeding to pay the costs of the proceeding.
91 	Costs
	Subject to the consumer credit legislation, the tribunal may award costs against a party to a proceeding and may determine the amount of costs so awarded.
92 	Orders for payment of money
(1) 	Where the tribunal makes an order for the payment of an amount (including an amount awarded for costs), if the prescribed documents are filed in a court having jurisdiction to the extent of the amount, the order shall be deemed to be a judgment of the court for the payment of the amount in accordance with the order.
(2) 	For the purposes of subsection (1), the prescribed documents are—
	(a)	a copy of the order certified by the registrar as a true copy; and
	(b)	an affidavit by or on behalf of the person to whom the amount is ordered to be paid specifying—
	(i)	the amount unpaid under the order; and
	(ii)	where the order is to take effect on a default—that the default has occurred.
(3) 	Despite any other law of the Territory, no fee is payable for the filing of documents under subsection (1).
93 	Reasons for decisions of tribunal
(1) 	The tribunal shall serve a copy of its decision in a proceeding on each party to the proceeding.
(2) 	Where the tribunal does not give written reasons for its decision, a party to the proceeding may, within 28 days after being so served, apply to the tribunal for a statement of those reasons.
(3) 	The tribunal shall comply with such a request within 28 days after receiving it.
(4) 	A statement of reasons shall set out the tribunal’s findings on material questions of fact, referring to the evidence or other material on which those findings were based.
Division 5—Appeals to Supreme Court
94 	Decisions of tribunal
(1) 	Subject to this section, a party to a proceeding may appeal to the Supreme Court from a decision of the tribunal in the proceeding.
(2)	Part 21 of the Magistrates Court (Civil Jurisdiction) Act 1982 applies in relation to an appeal under subsection (1) as if—
	(a)	a reference in that Part to the Magistrates Court were a reference to the tribunal; and
	(b)	a reference in that Part to the registrar of the Magistrates Court were a reference to the registrar of the tribunal; and
	(c)	a reference in that Part to a judgment or order of the Magistrates Court were a reference to a decision of the tribunal; and
	(d)	a reference in that Part to the Magistrates Court (Civil Jurisdiction) Act 1982 were a reference to the consumer credit legislation.
(3) 	For the purposes of subsection (2), a judgment or order of the Supreme Court made in proceedings remitted to the tribunal for execution shall have effect as if it were a decision of the tribunal and may be enforced under section 92.
95 	Decisions of Magistrates Court
(1) 	An appeal to the Supreme Court may be instituted from a decision of the Magistrates Court under the consumer credit legislation.
(2) 	Part 21 of the Magistrates Court (Civil Jurisdiction) Act 1982 applies in relation to an appeal under subsection (1) as if it were an appeal from a judgment or order of the Magistrates Court given, entered or made in proceedings that the Magistrates Court has jurisdiction to hear and determine under that Act.
96 	Jurisdiction of Supreme Court
	The Supreme Court has jurisdiction to hear and determine an appeal under this Division.
Division 6—General
97 	Contempt
	A person shall not—
	(a)	obstruct or hinder the tribunal or a member of the tribunal in the performance of the functions of the tribunal; or
	(b)	disrupt a proceeding.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
98 	Protection of members etc
(1) 	A member of the tribunal has, in the performance of any function as a member, the same protection and immunity as a judge of the Supreme Court in proceedings in that court.
(2) 	A legal practitioner or other person appearing before the tribunal on behalf of a party to a proceeding has the same protection and immunity as a barrister has in appearing for a party to a proceeding before the Supreme Court.
(3) 	Subject to this Act, a person summoned to attend or appearing before the tribunal as a witness has the same protection and is subject to the same liabilities as a witness in proceedings in the Supreme Court.

Part 5—Inquiries
100 	Executive may order inquiry
(1) 	The Executive may, by instrument, appoint the tribunal or any person to inquire into such matters relating to the provision of credit or the consequences of the provision of credit as are specified in the instrument.
(2) 	An appointment may be made subject to such conditions as may be specified in the instrument of appointment.
(3) 	Subject to the instrument of appointment, the tribunal or the person appointed under subsection (1) has the functions and powers conferred by or under this Part.
(4) 	An appointment or the termination of an appointment does not take effect until the terms of the instrument have been published in the Gazette and in such newspapers as are specified in the instrument.
(5) 	The terms published in the Gazette under subsection (4) shall be presumed to be the terms of the appointment or termination, but that presumption is rebuttable.
101 	Notice of inquiry
	Before commencing an inquiry, the tribunal or the person appointed to conduct the inquiry shall cause to be published—
	(a)	in the Gazette; and
	(b)	in a newspaper circulating in the Territory;
notice of—
	(c)	the holding of the inquiry; and
	(d)	the subject matter of the inquiry; and
	(e)	the time and place at which the inquiry is to be held; and
	(f)	such other matters relating to the inquiry as the tribunal or the person thinks fit.
102 	Application of Inquiries Act 1991
	Part 3 (other than sections 14 and 14A), Part 4 and sections 38 and 39 of the Inquiries Act 1991 apply in relation to an inquiry under this Part as if, in those provisions—
	(a)	a reference to an inquiry were a reference to an inquiry under this Part; and
	(b)	a reference to a board of inquiry were a reference to the tribunal or the person appointed under subsection 100 (1); and
	(c)	a reference to the chairperson of a board of inquiry were a reference to—
	(i)	the presidential member constituting the tribunal (whether alone or with other members); or
	(ii)	the person appointed under subsection 100 (1); and
	(d)	a reference to a member of such a board were a reference to a member of the tribunal or that person.
103 	Summons—indecipherable records
	Where a person is required by a summons served in the course of an inquiry to produce a record—
	(a)	that is not in writing; or
	(b)	that is not written in the English language; or
	(c)	that is not decipherable on sight;
the summons shall be taken to require the person to produce—
	(d)	instead of the record if it is not in writing; or
	(e)	in addition to the record if it is in writing;
a statement, written in the English language and decipherable on sight, about the information in the record.
104 	Findings and recommendations
	On completion of an inquiry, the tribunal or the person conducting the inquiry shall, as soon as practicable—
	(a)	give a written report of the results of the inquiry to the Minister; and
	(b)	make such recommendations in that report with respect to the results as the tribunal or that person thinks fit.

Part 6—Unjust Conduct
105 	Undertakings
(1) 	Where the commissioner is satisfied that a person has engaged in unjust conduct as a credit provider or finance broker, the commissioner may, with the consent of the Minister—
	(a)	request the person to give an undertaking in respect of 1 or more of the following matters by a deed approved by the commissioner:
	(i)	refraining from that conduct;
	(ii)	rectifying its consequences;
	(iii)	future conduct by the person; or
	(b)	apply to the tribunal for an order under subsection 107 (1).
(2) 	The commissioner may not—
	(a)	take disciplinary action under section 24 or 55; or
	(b)	apply for an order under subsection 107 (1);
in respect of conduct which is in accordance with an undertaking. 
(3) 	A person shall not contravene an undertaking.
Maximum penalty:  100 penalty units.
(4) 	A prosecution for an offence against subsection (3) shall not be instituted except by the commissioner with the leave of the tribunal.
106 	Registration of undertakings
(1) 	The commissioner shall—
	(a)	keep a register containing the prescribed particulars in respect of each undertaking referred to in section 105; and
	(b)	ensure that the register is available for public inspection free of charge at the office of the commissioner.
(2) 	The register shall be kept in such form and manner as the commissioner thinks fit.
(3) 	The commissioner shall—
	(a)	retain each deed by which an undertaking is given; and
	(b)	give a copy of the deed to—
	(i)	the person who gave the undertaking; and 
	(ii)	the registrar.
107 	Orders by tribunal
(1) 	Where the tribunal is satisfied that a person has engaged in unjust conduct as a credit provider or finance broker, it may order the person to refrain from such conduct.
(2) 	Where the tribunal is satisfied that a person has contravened an undertaking referred to in section 105, it may order the person to comply with the undertaking within a period specified in the order.
(3) 	Where the tribunal is satisfied that a person—
	(a)	is a defined influential person in relation to a body corporate; and
	(b)	has consented to or connived at—
	(i)	unjust conduct to which subsection (1) applies; or
	(ii)	a contravention of an undertaking referred to in section 105;
by the body corporate;
the tribunal may, by order, prohibit the person from engaging in such activities.
(4) 	An order under this section is subject to such conditions as are specified in the order.
(5) 	The tribunal shall not make an order under this section except on application by the commissioner.
108 	Contravention of orders
(1) 	A person who contravenes an order under subsection 107 (1) commits an offence.
Maximum penalty:  100 penalty units.
(2) 	A person who contravenes an order under subsection 107 (2) commits an offence.
Maximum penalty:  100 penalty units.
(3) 	A person who contravenes an order under subsection 107 (3) commits an offence.
Maximum penalty:  100 penalty units.

part 7—role of commissioner
Division 1—Functions and powers generally
109 	Functions
	In addition to any other functions conferred on the commissioner under the consumer credit legislation, the commissioner has the following functions:
	(a)	to investigate complaints about matters relating to the consumer credit legislation received by the commissioner from credit providers, debtors, finance brokers and other persons who might reasonably be taken to have an interest in the matters complained about, and to provide advice to complainants about those matters;
	(b)	to conduct, on his or her own initiative, other investigations and research about matters relating to the consumer credit legislation;
	(c)	to confer and exchange information with persons who, under a law of a State or another Territory, have functions similar to those conferred on the commissioner under the consumer credit legislation;
	(d)	to commence and conduct proceedings for offences against the consumer credit legislation;
	(e)	at the request of the president or the registrar, to prepare reports for, and to provide other assistance to, the tribunal.
110 	Powers
	The commissioner has power to do all things necessary or convenient to be done for or in connection with the performance of his or her functions under the consumer credit legislation.
Division 2—Functions in relation to proceedings
111 	Representing other persons before tribunal
(1) 	Despite anything in the consumer credit legislation, the commissioner may represent a party in a proceeding before the tribunal.
(2) 	For the purposes of subsection (1), the commissioner may—
	(a)	appear in person; or
	(b)	be represented by a legal practitioner or another person.
112 	Taking or defending proceedings for other persons
(1) 	Where, after investigating a complaint about a matter arising under the consumer credit legislation made by—
	(a)	a natural person; or
	(b)	a strata corporation under the Credit Code;
the commissioner is satisfied that—
	(c)	the complainant may have a right to take proceedings, or a defence to proceedings taken, in a court or the tribunal in respect of the matter complained about; and
	(d)	it would be in the public interest for the commissioner to take or defend those proceedings on behalf of the complainant;
the commissioner may, with the written consent of the complainant and the Minister, take or defend those proceedings on behalf of and in the name of the complainant.
(2) 	The consent of a complainant is not revocable after the commissioner has taken a step in the proceedings unless the commissioner agrees to the revocation.
113 	Conduct of proceedings so taken or defended
(1) 	This section applies in relation to proceedings being taken or defended by the commissioner under section 112.
(2) 	The commissioner shall have the conduct of the proceedings on behalf of the complainant.
(3) 	The commissioner may—
	(a)	appear in person; or
	(b)	despite any other law in force in the Territory, be represented by a legal practitioner or another person.
(4) 	The commissioner may do anything necessary or expedient to be done to give effect to an order or decision of the court or tribunal.
(5) 	The complainant is liable to pay any amount (other than an amount for costs) that the complainant is ordered by the court or tribunal to pay.
(6) 	The Territory is liable to pay the costs of the complainant, including any costs awarded against the complainant.
114 	Intervention by Minister or commissioner
(1) 	The Minister or, subject to subsection (2), the commissioner may intervene in proceedings under the consumer credit legislation (other than proceedings for an offence) that are before a court or the tribunal if satisfied that it would be in the public interest to do so.
(2) 	The commissioner may only intervene with the Minister’s consent.
(3) 	Where the Minister or commissioner intervenes in proceedings, he or she—
	(a)	is, by force of this section, a party to the proceedings; and
	(b)	may—
	(i)	appear in person; or
	(ii)	despite any other law in force in the Territory, be represented by a legal practitioner or another person.
115 	Presumption that Minister has consented
	Where the commissioner —
	(a)	takes or defends proceedings under section 112; or
	(b)	intervenes in proceedings under section 114;
it shall be presumed that the Minister consented to the commissioner doing so, but that presumption is rebuttable.
116 	Investigation of certain applications to tribunal
	Before an application under section 86 of the Credit Act 1985 or section 101 of the Credit Code is heard, the commissioner shall, if required to do so by the presidential member, investigate the application and report the findings to the tribunal.
Division 3—Powers in relation to investigations
117 	Investigators
(1) 	An investigation for paragraph 109 (a) or (b) may be made by the commissioner or a person authorised, in writing, by the commissioner (an investigator).
(2)	The commissioner must issue an identity card under section 15 of the Fair Trading (Consumer Affairs) Act 1973 to each investigator.
118 	Powers of entry and inspection
(1) 	An investigator may—
	(a)	for the purpose of ensuring that the consumer credit legislation is being complied with, enter—
	(i)	any premises (other than residential premises) at any reasonable time; or
	(ii)	any premises with the consent of the occupier or a person apparently in charge of the premises; or
	(b)	enter any premises pursuant to a search warrant.
(2) 	An investigator may enter premises under subsection (1)—
	(a)	with such assistance; and
	(b)	when entering pursuant to a warrant—with such force;
as is necessary and reasonable.
(3)	An investigator who enters premises under subsection (1) is not authorised to remain on the premises if the investigator does not produce his or her identity card for inspection if asked to do so by the occupier or a person apparently in charge of the premises.
(4)	Where an investigator enters premises under subsection (1), the officer may—
	(a)	inspect any record found on the premises; and
	(b)	take copies of and extracts from any such records; and
	(c)	require  any person on the premises to—
	(i)	make available any record kept on the premises; and
	(ii)	furnish information; and
	(iii)	answer questions.
119 	Consent to entry
(1) 	Before obtaining the consent of a person to enter premises for subparagraph 118 (1) (a) (ii), an investigator must—
	(a)	show the person his or her identity card; and
	(b)	tell the person that the person may refuse to give consent.
(2) 	Where an investigator obtains the consent of a person for the purposes of subparagraph 118 (1) (a) (ii), the investigator shall ask the person to sign a written acknowledgment of—
	(a)	the fact that the person has been informed that he or she may refuse to give consent; and
	(b)	the fact that the person has voluntarily given consent; and
	(c)	the day on which, and the time at which, the consent was given.
(3) 	An entry by an investigator by virtue of a person’s consent is not lawful unless the consent was voluntary.
(4) 	Where—
	(a)	it is material, in any proceedings, for a court to be satisfied that the consent of a person for the purposes of subparagraph 118 (1) (a) (ii) was voluntary; and
	(b)	an acknowledgment, in accordance with subsection (2), signed by the person is not produced in evidence;
the court shall assume, unless the contrary is proved, that the consent was not voluntary.
120 	Search warrants
(1) 	Where—
	(a)	an information is laid before a magistrate alleging that an investigator has reasonable grounds for suspecting that there may be on any premises a thing of a particular kind connected with a particular offence against the consumer credit legislation; and
	(b)	the information sets out those grounds;
the magistrate may issue a search warrant authorising the investigator named in the warrant, with such assistance and by such force as is necessary and reasonable—
	(c)	to enter the premises described in the warrant; and
	(d)	to search the premises for things of the kind mentioned in paragraph (a); and
	(c)	to exercise any of the powers under subsection 118 (4) in respect of those things.
(2) 	A magistrate shall not issue a warrant unless—
	(a)	the informant or another person has given the magistrate, either orally or by affidavit, any further information that the magistrate requires concerning the grounds on which the issue of the warrant is being sought; and
	(b)	the magistrate is satisfied that there are reasonable grounds for issuing the warrant.
(3) 	A warrant shall—
	(a)	state the purpose for which it is issued, including a reference to the nature of the offence in connection with which the entry and search is authorised; and
	(b)	state that the entry is authorised at any time of the day or night, or specify particular hours during which the entry is authorised; and
	(c)	a description of the kind of things in relation to which the powers under subsection 118 (4) may be exercised; and
	(d)	specify a date (being a date not later than 1 month after the date on which the warrant is issued) on which the warrant ceases to have effect.
121 	Power to obtain information or documents
(1) 	Where an investigator is satisfied that a person is capable of providing information or producing a document reasonably required for the purpose of ensuring that the consumer credit legislation is being complied with, the investigator may, by written notice, require the person—
	(a)	to provide the information to the investigator in the manner specified in the notice; or
	(b)	to produce the document to the investigator.
(2) 	A notice shall state—
	(a)	the place at which the information is to be provided or the document is to be produced; and
	(b)	the time at which, or the period within which, the information is to be provided or the document produced.
(3) 	A person is not required to comply with a notice unless, at the time the notice is given, the investigator warns the person that the person is obliged to comply.
(4) 	A person is not excused from providing information or producing a document required under this section on the ground that the information or document would tend to incriminate the person.
(5) 	Where a person provides information or produces a document in compliance with a notice—
	(a)	the information provided or the document produced; and
	(b)	any other information, document or thing obtained as a direct or indirect consequence of that information or document;
is not admissible in evidence against the person in any criminal proceedings, other than proceedings for an offence in respect of the falsity of the information or document or an offence against section 123.
(6) 	A person is excused from providing information or producing a document required under this section on the ground that the information or document would, in proceedings before the Supreme Court, be privileged because it was a communication between the person and his or her legal adviser.
122 	Retaining and copying documents produced
	Where a person produces to an investigator a document in compliance with a notice under section 121, the officer—
	(a)	may take possession of, and make copies of, the document; and
	(b)	may retain possession of the document for such period as is necessary to make those copies; and
	(c)	shall, during that period, comply with any reasonable request by or of behalf of the person who produced the document to inspect and make copies of the document.
123 	Obstructing etc investigator
	A person shall not, without reasonable excuse—
	(a)	obstruct or hinder an investigator in the exercise of his or her powers under this Division; or
	(b)	fail to comply with a requirement under paragraph 118 (4) (c) or a notice under section 121.
Maximum penalty:
	(a)	for paragraph (a)—50 penalty units, imprisonment for 6 months or both; or
	(b)	for paragraph (b)—50 penalty units. 

Part 8—Financial counselling trust fund
124 	Continuation of Fund
(1) 	The financial counselling trust fund in existence under the Credit Act 1985 immediately before the commencement of this Part continues in existence by force of this section with the same name.
(2) 	The money constituting the fund immediately before the commencement of this Part continues to form part of the fund.
125 	Payments to fund
	The following amounts shall be paid to the financial counselling trust fund:
	(a)	amounts of public money appropriated by an Act for the purposes of the fund;
	(b)	amounts of civil penalties paid under section 106 of the Credit Code;
	(c)	amounts that a credit provider or finance broker has agreed or undertaken to pay to the fund;
	(d)	amounts paid to the Territory because of an order under subsection 85AA (1) of the Credit Act 1985;
	(e)	amounts recovered by enforcing orders under subsection 85AA (1) of the Credit Act 1985 as judgments under section 92, and interest on such amounts;
	(f)	interest received from the investment of money of the fund.
126 	Payments from fund
	The moneys of the financial counselling trust fund may be applied for any of the following purposes:
	(a)	consumer credit counselling;
	(b)	credit and debt management education;
	(c)	consumer credit research;
	(d)	consumer credit litigation;
	(e)	any other credit related activity determined by the Minister.
127 	Bank account
	All money received by the financial counselling trust fund shall be paid into a trust bank account maintained under section 51 of the Financial Management Act 1996.

Part 9—Miscellaneous
Division 1—Review by credit tribunal
128 	Review of decisions—credit providers
	Application may be made to the tribunal for review of a decision of the commissioner —
	(a)	under subsection 20 (1) cancelling the registration of a credit provider who is a natural person; or
	(b)	under subsection 20 (1) suspending the registration of a credit provider who is a natural person; or
	(c)	under subsection 20 (2) cancelling the registration of a credit provider which is a body corporate; or
	(d)	under subsection 20  (2) suspending the registration of a credit provider which is a body corporate; or
	(e)	under subsection 20  (3) disqualifying a credit provider from obtaining registration as a credit provider or finance broker; or
	(f)	under paragraph 20  (4) (a) removing the suspension imposed on a credit provider; or
	(g)	under paragraph 20  (4) (b) revoking the disqualification of a credit provider; or
	(h)	under subsection 24 (1) taking disciplinary action against a registered credit provider; or
	(j)	under paragraph 24 (1) (f) disqualifying a defined influential person from obtaining registration as a credit provider or finance broker; or
	(k)	under subsection 24 (1) not to take disciplinary action in relation to a registered credit provider after inviting the credit provider to show cause why such action should not be taken.
129 	Review of decisions—finance brokers
	Application may be made to the tribunal for review of a decision of the commissioner —
	(a)	under subsection 51 (1) cancelling the registration of a finance broker who is a natural person; or
	(b)	under subsection 51 (1) suspending the registration of a finance broker who is a natural person; or
	(c)	under subsection 51 (2) cancelling the registration of a finance broker which is a body corporate; or
	(d)	under subsection 51 (2) suspending the registration of a finance broker which is a body corporate; or
	(e)	under subsection 51 (3) disqualifying a finance broker from obtaining registration as a finance broker or credit provider; or
	(f)	under paragraph 51 (4) (a) removing the suspension imposed on a finance broker; or
	(g)	under paragraph 51 (4) (b) revoking the disqualification of a finance broker; or
	(h)	under subsection 55 (1) taking disciplinary action against a registered finance broker; or
	(j)	under paragraph 55 (1) (f) disqualifying a defined influential person from obtaining registration as a finance broker or credit provider; or
	(k)	under subsection 55 (1) not to take disciplinary action in relation to a registered finance broker after inviting the finance broker to show cause why such action should not be taken.
130 	Notification of decisions
(1) 	Where the commissioner makes a decision of the kind referred to in section 128 or 129, the commissioner shall, within 28 days after making the decision, give notice in writing of the decision to—
	(a)	the credit provider or finance broker; and
	(b)	if the decision is of the kind referred to in paragraph 128 (h), (j) or (k) or 129 (h), (j) or (k) and was taken after a complaint was made under section 22 or 53 about the credit provider or finance broker—the complainant; and
	(c)	if the decision is of the kind referred to in paragraph 128 (j) or 129 (j)—the defined influential person.
(2) 	A notice under subsection (1) shall—
	(a)	set out the commissioner’s findings on material questions of fact, referring to the evidence or other material on which those findings were based, and the reasons for the commissioner’s decision; and
	(b)	include a statement to the effect that an application may be made within 28 days after the date of the notice to the tribunal for review of the decision. 
(3) 	The validity of a decision shall not be taken to be affected by a failure to comply with this section.
131 	Application for review
(1) 	A person to whom the commissioner is required to give notice of a decision under section 130 may, within 28 days after receiving notice, apply to the tribunal for review of the decision.
(2) 	The tribunal may, on written application, extend the time for the making of an application under subsection (1).
132 	Review by tribunal
(1) 	The tribunal may review any decision of the commissioner in respect of which an application is made to it under section 128 or 129.
(2) 	For the purpose of reviewing a decision, the tribunal may exercise all the powers that are conferred by this Act on the commissioner and shall make a decision—
	(a)	affirming the decision under review; or
	(b)	varying the decision under review; or
	(c)	setting aside the decision under review and—
	(i)	making a decision in substitution for the decision so set aside; or
	(ii)	remitting the matter for reconsideration by the commissioner in accordance with any directions or recommendations of the tribunal.
Division 2—General
134 	Secrecy
(1) 	This section applies to a person—
	(a)	who is or has been engaged in the administration of the consumer credit legislation; or
	(b)	who receives information or a document from the commissioner under that legislation.
(2) 	Subject to subsection (3), a person to whom this section applies shall not—
	(a)	make a record of, or directly or indirectly divulge or communicate to a person, information concerning the affairs of another person acquired for the purposes of the consumer credit legislation; or
	(b)	produce to a person a document produced for the purposes of the consumer credit legislation.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
(3) 	Subsection (2) does not prevent a person to whom this section applies from—
	(a)	divulging or communicating information concerning the affairs of another person with that person’s consent; or
	(b)	divulging or communicating information, or producing a document, to a court for the purposes of civil or criminal proceedings.
135 	Limitation on prosecution
	Despite any other law in force in the Territory, proceedings for an offence against this Act or the Credit Act 1985 may be brought—
	(a)	within the period of 3 years immediately following the commission of the offence; or
	(b)	with the consent of the Minister, at any time after the expiration of that period.
136 	Conduct of agents
	The conduct of an officer, employee or agent of a credit provider or finance broker acting within his or her actual or ostensible authority will be taken to be the conduct of the credit provider or finance broker.
137 	Extensions of time
	Unless the contrary intention appears, a power of a court or the tribunal, commissioner or registrar to extend a period under this Act or the Credit Act 1985 may be exercised despite the period having elapsed.
138 	Registration—evidence 
	A certificate purporting to be signed by the commissioner stating that a specified person was or was not, on a specified day or during a specified period, a registered credit provider or a registered finance broker is evidence of the matters so stated.
140 	Power of Minister to determine fees
(1) 	The Minister may, in writing, determine fees for the purposes of this Act (except Part 4).
(2) 	A determined fee may be—
	(a)	a specified amount; or
	(b)	an amount calculated in a specified manner.
(3)	A determination under this section is a disallowable instrument.
141 	Regulation-making power
(1) 	The Executive may make regulations for this Act.
(2) 	The regulations may create offences punishable by maximum penalties of not more than 10 penalty units.
143 	Existing complaints and investigations etc
(1) 	If a complaint received by the director of consumer affairs or director of fair trading had not been finally dealt with before the commencement of this section, it may be dealt with as if it had been received by the commissioner.
(2) 	If the investigation of a complaint received by the director of consumer affairs or director of fair trading had not been finally dealt with before the commencement of this section, the investigation may be continued (and completed) as if the complaint had been received by the commissioner.
(3) 	Any other investigation under this Act that had not been finally dealt with before the commencement of this section may be continued (and completed) by the commissioner.
(4) 	If a person was an investigating officer under section 117 immediately before the commencement of this section, the person is taken, on the commencement, to be authorised by the commissioner under section 117.
(5) 	A certificate issued to the person under subsection 117 (2) before the commencement of this section is taken, after the commencement, to be an identity card issued to the person under section 15 of the Fair Trading (Consumer Affairs) Act 1973.
(6) 	A proceeding taken or defended by the director of consumer affairs or director of fair trading under section 112 that had not been completed before the commencement of this section is taken, after the commencement, to have been taken or defended by the commissioner.
144 	Expiry of Part
(1) 	This Part expires 1 year after it commences.
(2) 	To remove any doubt, it is declared that section 42 (Repeal does not end transitional or validating effect etc) of the Interpretation Act 1967 applies to this Part.

ENDNOTES
1	About this republication
This is a republication of the Consumer Credit (Administration) Act 1996 as in force on 15 December 2000.  It includes all amendments made to the Act up to Act 2000 No 17.
Amending and modifying laws are annotated in the table of legislation and table of amendments.  However, any current modifications are not included in the republished Act but are set out in the endnotes.
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 a 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 (Administration) Act 1996	1996 No 41	2 Sept 1997	ss 1 and 2:  2 Sept 1997
remainder:  1 Nov 1997 (see Gaz 1996, 
No S272)		
Legal Practitioners (Consequential Amendments) Act 1997	1997 No 96	1 Dec 1997	ss 1 and 2:  1 Dec 1997
remainder:  1 June 1998 (see s 2 (2))	—	
Consumer Credit (Administration) (Amendment) Act 1998	1998 No 47	16 Nov 1998	16 Nov 1998	—	
Statute Law Revision (Penalties) Act 1998	1998 No 54	27 Nov 1998	ss 1 and 2:  27 Nov 1998
remainder:  9 Dec 1998 (see Gaz 1998, 
No 49, p 1078)	—	
Financial Sector Reform (ACT) Act 1999 	1999 No 33	25 June 1999	ss 1 and 2 and dict: 25 June 1999
remainder: 1 July 1999 (see Cwlth Gaz 1999 No S289 p 2)	—	
Law Reform (Miscellaneous Provisions) Act 1999	1999 No 66	10 Nov 1999	10 Nov 1999	—	
Justice and Community Safety Legislation Amendment Act 2000	2000 No 1	9 Mar 2000	ss 1-3 (in part):  9 Mar 2000
remainder:  9 Sept 2000	—	
Justice and Community Safety Legislation Amendment Act 2000
(No 2)	2000 No 2	9 Mar 2000	9 Mar 2000	—	
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	exp R2 (LR s 15 (1))
s 3	am 1997 No 96; 1999 No 33 s 47 sch; 1999 No 66 s 6 sch 3; 2000 No 2 s 3 sch; 2000 No 17 s 3 sch 1
ss 11-14	am 2000 No 17 s 3 sch 1
ss 16-24	am 2000 No 17 s 3 sch 1
s 24A	ins 1998 No 47
ss 25-27	am 2000 No 17 s 3 sch 1
ss 42-45	am 2000 No 17 s 3 sch 1
ss 47-55	am 2000 No 17 s 3 sch 1
s 55A	ins 1998 No 47
ss 56-58	am 2000 No 17 s 3 sch 1
s 61	am 2000 No 2 s 3 sch
div 2 of pt 4 (ss 62-68)	om 2000 No 2 s 3 sch
div 2 of pt 4 (ss 62-67)	ins 2000 No 2 s 3 sch
ss 62-67	sub 2000 No 2 s 3 sch
s 68	om 2000 No 2 s 3 sch
div 3 of pt 4 (ss 69, 70)	om 1999 No 66 s 6 sch 3
div 3 of pt 4 (s 69)	ins 1999 No 66 s 6 sch 3
s 69	sub 1999 No 66 s 6 sch 3
s 70	om 1999 No 66 s 6 sch 3
ss 71-73	sub 2000 No 2 s 3 sch
s 75	sub 2000 No 2 s 3 sch
s 76	am 2000 No 2 s 3 sch; 2000 No 17 s 3 sch 1
s 77	sub 2000 No 2 s 3 sch
s 78	am 2000 No 2 s 3 sch
ss 81, 82	am 2000 No 2 s 3 sch
s 86	am 2000 No 2 s 3 sch
s 87	am 1998 No 54
	sub 2000 No 2 s 3 sch
s 99	om 2000 No 1 s 3 sch
hdg to s 100	am 2000 No 2 s 3 sch
s 100	am 2000 No 2 s 3 sch
s 102	am 2000 No 2 s 3 sch
ss 105-107	am 2000 No 17 s 3 sch 1
hdg to pt 7	sub 2000 No 17 s 3 sch 1
s 109	am 2000 No 2 s 3 sch; 2000 No 17 s 3 sch 1
ss 110-115	am 2000 No 17 s 3 sch 1
s 116	am 2000 No 2 s 3 sch; 2000 No 17 s 3 sch 1
s 117	sub 2000 No 17 s 3 sch 1
ss 118-120	am 2000 No 17 s 3 sch 1
s 121	am 1998 No 47; 2000 No 17 s 3 sch 1
ss 122, 123	am 2000 No 17 s 3 sch 1

ss 128-132	am 2000 No 17 s 3 sch 1
s 133	om 2000 No 2 s 3 sch
s 134	am 2000 No 17 s 3 sch 1
ss 137, 138	am 2000 No 17 s 3 sch 1
s 139	om 2000 No 2 s 3 sch
s 140	am 2000 No 1 s 3 sch 
s 141	sub 2000 No 2 s 3 sch
s 142	ins 2000 No 2 s 3 sch
	exp R2 (LR s 15 (1))
ss 143, 144	ins 2000 No 17 s 3 sch 1

5	Table of earlier republications
Republication No	Amendments to	Republication date	
(1)	Act 1998 No 54	28 February 1999	
2	Act 2000 No 17	15 December 2000	
6	Penalties in this republication
The penalties in this republication have been revised in accordance with the Interpretation Act 1967, s 63.  The value of a penalty unit for an offence against this Act at the date of publication is, therefore—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.
See Interpretation Act 1967, s 33AA for additional information. 

©  Australian Capital Territory 2000

The Copyright Act 1968 (Cwlth) permits certain reproduction and publication of this legislation.  For reproduction or publication beyond that permitted by the Act, written permission must be sought from the Government Printer, c/o Information Management and Libraries, Department of Urban Services, ACT Government, GPO Box 158, Canberra City ACT 2601.