Compilation table
Compilation table Compilation table
Short title | Number and year | Assent | Commencement |
|---|---|---|---|
Credit (Commonwealth Powers) Act 2010 | 13 of 2010 | 25 Jun 2010 | s. 1 and 2: 25 Jun 2010 (see s. 2(a)); |
2 The Credit (Commonwealth Powers) (Transitional and Consequential Provisions) Act 2010 Pt. 2 Div. 2 reads as follows:
Division 2 — Transitional Provisions
5. Proceedings
Proceedings brought in relation to a provision of the Consumer Credit (Western Australia) Code —
which are not proceedings to which the National Consumer Credit Protection Act 2009 (Commonwealth) Schedule 1 item 4 applies; and
which upon section 4 coming into operation are pending before a court,
are to be dealt with under the Consumer Credit (Western Australia) Act 1996 despite the repeal of that Act.
Proceedings brought in relation to a provision of the Consumer Credit (Western Australia) Code which upon section 4 coming into operation are pending before the State Administrative Tribunal are to be dealt with under the Consumer Credit (Western Australia) Act 1996 despite the repeal of that Act.
6. Arrangements for conduct of proceedings
The CEO may make an arrangement with ASIC about the conduct of any proceedings to which section 5 applies.
In particular, an arrangement may provide —
for the performance of functions and the exercise of powers conferred by subsection (3) on ASIC; or
for the performance of functions or the exercise of powers of the CEO in relation to the conduct of proceedings to which section 5 applies by staff members of ASIC.
Subject to subsection (4), ASIC has the functions and powers of the CEO in relation to the conduct of proceedings to which section 5 applies.
ASIC must not perform a function or exercise a power conferred by subsection (3) except in accordance with an arrangement under this section.
7. Information
This section applies to information obtained by the CEO in connection with the administration or enforcement of the Consumer Credit (Western Australia) Act 1996 or the Consumer Credit (Western Australia) Code.
The CEO may —
disclose information to which this section applies; or
give copies of records which contain information to which this section applies and which are in the CEO’s possession or under the CEO’s control,
to ASIC for the purpose of the administration or enforcement of the National Consumer Credit Protection Act 2009 (Commonwealth).
This Act’s bill:Explanatory memorandumSecond reading speech
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