Credit (Commonwealth Powers) (Transitional and Consequential Provisions) Act 2010

sections 1 and 2 — on the day on which this Act receives the Royal Assent;

the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.

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,

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.

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.

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,

This section amends the Bills of Sale Act 1899.

In section 17S(2)(b) delete “Consumer Credit (Western Australia) Code” and insert:

This section amends the Credit Act 1984.

In section 19A(2)(b)(i) delete “the credit contract does” and insert:

Delete section 19B(2) and insert:

If the credit provider under a contract to which this Act continues to apply acts in accordance with —

in respect of any action before [reference date], the Consumer Credit (Western Australia) Code section 34, 35, 66 to 69, 78 to 99, 163, 171, 172 or 173; or

in respect of any action on or after [reference date], the National Credit Code section 36, 37, 72 to 75, 85 to 107, 185, 194, 195 or 196,

This section amends the Door to Door Trading Act 1987.

In section 16(2) delete “and the Consumer Credit (Western Australia) Code”.

This section amends the Hire‑Purchase Act 1959.

In section 2 in the definition of hire‑purchase agreement paragraph (g) delete “Consumer Credit (Western Australia) Code;” and insert:

Delete section 2B.

This section amends the Road Traffic Act 1974.

In section 78A in the definition of lent:

delete “Consumer Credit Code;” and insert:

after “the Hire‑Purchase Act 1959 or” delete “is”.