National Consumer Credit Protection Amendment Act 2010 (Cth)

National Consumer Credit Protection Amendment Act 2010

No. 9, 2010

An Act to amend the National Consumer Credit Protection Act 2009, and for related purposes

Contents 1 Short title 2 Commencement 3 Schedule(s) Schedule 1—Amendments National Consumer Credit Protection Act 2009

National Consumer Credit Protection Amendment Act 2010 No. 9, 2010

An Act to amend the National Consumer Credit Protection Act 2009, and for related purposes

[Assented to 3 March 2010]

The Parliament of Australia enacts:

1 Short title This Act may be cited as the National Consumer Credit Protection Amendment Act 2010.

2 Commencement This Act commences on the day this Act receives the Royal Assent.

3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

National Consumer Credit Protection Act 2009

1 Subsection 5(1) (definition of initial National Credit Act) Repeal the definition.

2 Subsection 5(1) (definition of initial Transitional Act) Repeal the definition.

3 Paragraph 18(1)(b) Omit "in relation to matters to which this Act relates because those matters are referred to it", substitute "because of a reference or an adoption".

4 Subsection 18(1) (note) Repeal the note.

5 Paragraph 18(4)(b) Omit "in relation to matters to which this Act relates because those matters are referred to it", substitute "because of a reference or an adoption".

6 Subsections 19(1) and (2) Repeal the subsections, substitute:

Meaning of referring State (1) A State is a referring State if, for the purposes of paragraph 51(xxxvii) of the Constitution, the Parliament of the State: (a) has referred the matters covered by subsections (3) and (4) to the Commonwealth Parliament; or (b) has: (i) adopted the relevant version of this Act and the relevant version of the Transitional Act; and (ii) referred the matter covered by subsection (4) to the Commonwealth Parliament. (2) A State is a referring State even if the State's referral law provides that: (a) the reference to the Commonwealth Parliament of a matter covered by subsection (3) or (4) is to terminate in particular circumstances; or (b) the adoption of the relevant version of this Act or the relevant version of the Transitional Act is to terminate in particular circumstances; or (c) the reference to the Commonwealth Parliament of the matter covered by subsection (4) does not include: (i) the matter of making provision with respect to the imposition or payment of State taxes, duties, charges or other imposts, however described; or (ii) the matter of making provision with respect to the general system for the recording of estates or interests in land and related information; or (iii) the matter of providing for the priority of interests in real property; or (iv) the matter of making a law that excludes or limits the operation of a State law, to the extent that the State law makes provision with respect to the creation, holding, transfer, assignment, disposal or forfeiture of a State statutory right; or (d) the reference to the Commonwealth Parliament of a matter covered by subsection (3) or (4) has effect only: (i) if and to the extent that the matter is not included in the legislative powers of the Commonwealth Parliament (otherwise than by a reference under section 51(xxxvii) of the Constitution); or (ii) if and to the extent that the matter is included in the legislative powers of the Parliament of the State.