Credit (Commonwealth Powers) Act 2009 (Tas)

Credit (Commonwealth Powers) Act 2009

An Act to refer certain matters relating to the provision of credit and certain other financial transactions to the Parliament of the Commonwealth for the purposes of section 51(xxxvii) of the Constitution of the Commonwealth [Royal Assent 12 November 2009]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1. Short title This Act may be cited as the Credit (Commonwealth Powers) Act 2009 .

2. Commencement This Act commences on a day to be proclaimed.

3. Interpretation In this Act, unless the contrary intention appears – amendment reference means the reference under section 4(1)(b) ; Commonwealth Credit instrument means any instrument (whether or not of a legislative character) that is made or issued under the National Credit legislation; express amendment of the National Credit legislation means the direct amendment of the text of the National Credit legislation (whether by the insertion, omission, repeal, substitution or relocation of words or matter) by another Commonwealth Act or by an instrument under a Commonwealth Act, but does not include the enactment by a Commonwealth Act of a provision that has or will have substantive effect otherwise than as part of the text of the National Credit legislation; initial National Credit Code means the text of Schedule 1 to the National Consumer Credit Protection Bill 2009 under paragraph (a) of the definition of tabled text ; initial reference means the reference under section 4(1)(a) ; initial referred provisions means the tabled text to the extent to which that text deals with matters that are included in the legislative powers of the Parliament of the State; National Credit legislation means Commonwealth Acts enacted in the terms, or substantially in the terms, of the tabled text set out as – (a) the National Consumer Credit Protection Bill 2009; and (b) the National Consumer Credit Protection (Transitional and Consequential Provisions) Bill 2009 – and as in force from time to time; reference means – (a) the initial reference; or (b) the amendment reference; 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; tabled text means the text of the following Bills for Commonwealth Acts: (a) National Consumer Credit Protection Bill 2009; (b) National Consumer Credit Protection (Transitional and Consequential Provisions) Bill 2009 – as tabled, by or on behalf of the Minister introducing the Bill for this Act, in the House of Assembly at any time during the period between the Minister receiving the call and presenting the Bill for this Act to the House of Assembly, in accordance with Standing Order No. 229 of the House of Assembly, and the second reading of that Bill in the House of Assembly.