National Consumer Credit Protection Act - Australia

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a right, entitlement or authority that relates to:

      (a) credit covered by paragraph (a) of the definition of referred credit matter; or

      (b) a consumer lease covered by paragraph (b) of that definition.

      20 Meaning of referred credit matter

      (1) Referred credit matter means a matter relating to either of the following:

      (a) credit, being credit the provision of which would be covered by the expression “provision of credit to which this Code applies” in the initial National Credit Code;

      (b) consumer leases, being consumer leases each of which would be covered by the expression “consumer lease to which Part 11 applies” in the initial National Credit Code.

      (2) Initial National Credit Code means Schedule 1 to the relevant version of this Act (within the meaning of subsection 19(8)).

      21 General application of this Act and the Transitional Act

      Application in this jurisdiction

      (1) Each provision of this Act and the Transitional Act applies in this jurisdiction.

      Geographical coverage of “this jurisdiction”

      (2) This jurisdiction means the geographical area that consists of:

      (a) each referring State (including its coastal sea); and

      (b) each Territory (including its coastal sea).

      (3) Throughout this Act and the Transitional Act, this jurisdiction therefore consists of either:

      (a) if all of the States are referring States — the whole of Australia; or

      (b) if one or more States are not referring States — Australia (other than any State that is not a referring State).

      Application outside this jurisdiction

      (4) Subject to subsection (5), each provision of this Act and the Transitional Act also applies, according to its tenor, in relation to acts and omissions outside this jurisdiction.

      Application in non-referring States

      (5) This Act does not apply to an act or omission in a State that is not a referring State to the extent to which that application would be beyond the legislative powers of the Parliament (including powers it has under paragraphs 51(xxxvii) and (xxxix) of the Constitution).

      Residence, place of formation etc.

      (6) Each provision of this Act and the Transitional Act applies, according to its tenor, to:

      (a) natural persons whether:

      (i) resident in this jurisdiction or not; and(ii) resident in Australia or not; and (iii) Australian citizens or not; and

      (b) all bodies corporate and unincorporated bodies whether:

      (i) formed or carrying on a business in this jurisdiction or not; and(ii) formed or carrying on a business in Australia or not.

      22 When Acts bind Crown

      (1) This Act (other than the National Credit Code) and the Transitional Act do not bind the Crown in any of its capacities.

      (2) Despite subsection (1), the regulations may provide that this Act (other than the National Credit Code) and the Transitional Act, or specified provisions of this Act (other than the National Credit Code) or the Transitional Act, bind either or both of the following in circumstances (if any) prescribed by the regulations:

      (a) the Crown in right of the Commonwealth;

      (b) the Crown in all of its other capacities.

      (3) The National Credit Code binds the Crown in each of its capacities.

      (4) This Act and the Transitional Act do not make the Crown liable to be prosecuted for an offence or to any pecuniary penalty.

      Division 3—Interaction between the Commonwealth credit legislation and State and Territory laws

      23 Concurrent operation intended

      (1) This Act and the Transitional Act (the Commonwealth credit legislation) are not intended to exclude or limit the concurrent operation of any law of a State or Territory.

      (2) If:

      (a) an act or omission of a person is both an offence against the Commonwealth credit legislation and an offence against the law of a State or Territory; and

      (b) the person is convicted of either of those offences;

      the person is not liable to be convicted of the other of those offences.

      (3) This section does not apply to a law of a State or Territory if there is a direct inconsistency between that law and the Commonwealth credit legislation.

      Note: Section 25 avoids direct inconsistency arising in some cases by limiting the operation of the Commonwealth credit legislation.

      24 When Commonwealth credit legislation does not apply

      (1) Subsection (2) applies if a provision of a law of a referring State or a Territory declares a matter to be an excluded matter for the purposes of this section in relation to:

      (a) the whole of the Commonwealth credit legislation; or

      (b) a specified provision of the Commonwealth credit legislation; or

      (c) the Commonwealth credit legislation other than a specified provision; or

      (d) the Commonwealth credit legislation otherwise than to a specified extent.

      (2) By force of this subsection:

      (a) none of the provisions of the Commonwealth credit legislation (other than this section) applies in or in relation to the State or Territory with respect to the matter if the declaration is one to which paragraph (1)(a) applies; and

      (b) the specified provision of the Commonwealth credit legislation does not apply in or in relation to the State or Territory with respect to the matter if the declaration is one to which paragraph (1)(b) applies; and

      (c) the provisions of the Commonwealth credit legislation (other than this section and the specified provisions) do not apply in or in relation to the State or Territory with respect to the matter if the declaration is one to which paragraph (1)(c) applies; and

      (d) the provisions of the Commonwealth credit legislation (other than this section and otherwise than to the specified extent) do not apply in or in relation to the State or Territory with respect to the matter if the declaration is one to which paragraph (1)(d) applies.

      (3) Subsection (2) does not apply to the declaration to the extent to which the regulations provide that that subsection does not apply to that declaration.

      25 Avoiding direct inconsistency between Commonwealth and State and Territory laws

      This section overrides other Commonwealth credit legislation

      (1) This section has effect despite anything else in the Commonwealth credit legislation.

      When this section does not apply to a State or Territory law

      (2) This section does not apply to a provision of a law of a referring State or a Territory that is capable of concurrent operation with the Commonwealth credit legislation.

      Note: This kind of provision is dealt with by section 23.

      When this section applies to a State or Territory law

      (3) This section applies to the interaction between a provision (the displacement provision) of a law of a referring State or a Territory and a provision (the Commonwealth provision) of the Commonwealth credit legislation only if the displacement provision is declared by a law of the State or Territory to be a Commonwealth credit legislation

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