{"id":"tas:act-2009-051","name":"Credit (Commonwealth Powers) Act 2009","slug":"credit-commonwealth-powers-act-2009","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"51 of 2009","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":34245,"registerId":"tas-act-2009-051-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Credit (Commonwealth Powers) Act 2009](/view/html/inforce/2026-04-12/act-2009-051) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This Act commences on a day to be proclaimed.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In this Act, unless the contrary intention appears –\n> \n> > ***amendment reference*** means the reference under [section 4(1)(b)](#GS4@Gs1@Hpb@EN) ;\n> \n> > ***Commonwealth Credit instrument*** means any instrument (whether or not of a legislative character) that is made or issued under the National Credit legislation;\n> \n> > ***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;\n> \n> > ***initial National Credit Code*** means the text of Schedule 1 to the *National Consumer Credit Protection Bill 2009* under [paragraph (a)](#GS3@Nd75200913810@Hpa@EN) of the [definition of ***tabled text***](#GS3@Nd75200913810@EN) ;\n> \n> > ***initial reference*** means the reference under [section 4(1)(a)](#GS4@Gs1@Hpa@EN) ;\n> \n> > ***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;\n> \n> > ***National Credit legislation*** means Commonwealth Acts enacted in the terms, or substantially in the terms, of the tabled text set out as –\n> > \n> > > > (a) the *National Consumer Credit Protection Bill 2009*; and\n> > > \n> > > > (b) the *National Consumer Credit Protection (Transitional and Consequential Provisions) Bill 2009* –\n> > \n> > and as in force from time to time;\n> \n> > ***reference*** means –\n> > \n> > > > (a) the initial reference; or\n> > > \n> > > > (b) the amendment reference;\n> \n> > ***referred credit matter*** means a matter relating to either of the following:\n> > \n> > > > (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;\n> > > \n> > > > (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;\n> \n> > ***tabled text*** means the text of the following Bills for Commonwealth Acts:\n> > \n> > > > (a) *National Consumer Credit Protection Bill 2009*;\n> > > \n> > > > (b) *National Consumer Credit Protection (Transitional and Consequential Provisions) Bill 2009* –\n> > \n> > 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.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Reference of matters","content":"### 4 Reference of matters\n\n> > (1)  The following matters are referred to the Parliament of the Commonwealth:\n> > \n> > > > (a) the matters to which the initial referred provisions relate, but only to the extent of the making of laws with respect to those matters by including the initial referred provisions in Acts enacted in the terms, or substantially in the terms, of the tabled text;\n> > > \n> > > > (b) any referred credit matter, but only to the extent of the making of laws with respect to such a matter by making express amendments of the National Credit legislation.\n> \n> > (2)  The reference of a matter under [subsection (1)](#GS4@Gs1@EN) has effect only –\n> > \n> > > > (a) if and to the extent that the matter is not included in the legislative powers of the Parliament of the Commonwealth (otherwise than by a reference under section 51(xxxvii) of the Constitution of the Commonwealth); and\n> > > \n> > > > (b) if and to the extent that the matter is included in the legislative powers of the Parliament of the State.\n> \n> > (3)  The operation of each paragraph of [subsection (1)](#GS4@Gs1@EN) is not affected by the other paragraph.\n> \n> > (4)  For the avoidance of doubt, it is the intention of the Parliament of the State that –\n> > \n> > > > (a) the National Credit legislation may be expressly amended, or have its operation otherwise affected, at any time after the commencement of this Act by provisions of Commonwealth Acts the operation of which is based on legislative powers that the Parliament of the Commonwealth has apart from under the references under [subsection (1)](#GS4@Gs1@EN) ; and\n> > > \n> > > > (b) the National Credit legislation may have its operation affected, otherwise than by express amendment, at any time by provisions of Commonwealth Credit instruments.\n> \n> > (5)  Despite any other provision of this section, a reference under this section has effect for a period –\n> > \n> > > > (a) beginning when this section commences; and\n> > > \n> > > > (b) ending at the end of the day fixed under [section 5](#GS5@EN) as the day on which the reference is to terminate –\n> > \n> > but no longer.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Termination of references","content":"### 5 Termination of references\n\n> > (1)  The Governor may, at any time, by proclamation published in the *Gazette*, fix a day as the day on which –\n> > \n> > > > (a) the references terminate; or\n> > > \n> > > > (b) the amendment reference terminates.\n> \n> > (2)  The Governor may, by proclamation published in the *Gazette*, revoke a proclamation published under [subsection (1)](#GS5@Gs1@EN) , in which case the revoked proclamation is taken (for the purposes of [section 4](#GS4@EN) ) never to have been published.\n> \n> > (3)  A revoking proclamation has effect only if published before the day fixed under [subsection (1)](#GS5@Gs1@EN) .\n> \n> > (4)  The revocation of a proclamation published under [subsection (1)](#GS5@Gs1@EN) does not prevent publication of a further proclamation under that subsection.\n> \n> > (5)  If the amendment reference has terminated, the expression \"the references\" in [subsection (1)(a)](#GS5@Gs1@Hpa@EN) refers only to the initial reference.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Effect of termination of amendment reference before initial reference","content":"### 6 Effect of termination of amendment reference before initial reference\n\n> > (1)  If the amendment reference terminates before the initial reference terminates, the termination of the amendment reference does not affect –\n> > \n> > > > (a) laws that were made under the amendment reference (but not repealed) before that termination (whether or not they have come into operation before that termination); or\n> > > \n> > > > (b) the continued operation in the State of the National Credit legislation as in operation immediately before that termination or as subsequently amended or affected by –\n> > > > \n> > > > > > (i) laws referred to in [paragraph (a)](#GS6@Gs1@Hpa@EN) that come into operation after that termination; or\n> > > > > \n> > > > > > (ii) provisions referred to in [section 4(4)(a)](#GS4@Gs4@Hpa@EN) or [(b)](#GS4@Gs4@Hpb@EN) .\n> \n> > (2)  Accordingly, the amendment reference continues to have effect for the purposes of [subsection (1)](#GS6@Gs1@EN) unless the initial reference is terminated.\n> \n> > (3)  [Subsection (1)](#GS6@Gs1@EN) does not apply to or in relation to an amendment of the National Credit legislation that is excluded from the operation of this section by the proclamation that terminates the amendment reference.\n> \n> > (4)  For the purposes of [subsection (1)](#GS6@Gs1@EN)  –\n> > \n> > > > (a) the laws referred to in [subsection (1)(a)](#GS6@Gs1@Hpa@EN) include Commonwealth Credit instruments; and\n> > > \n> > > > (b) the reference in [subsection (1)(b)](#GS6@Gs1@Hpb@EN) to the National Credit legislation as in operation immediately before the termination of the amendment reference includes that legislation as affected by Commonwealth Credit instruments that have come into operation before that time.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Evidence","content":"### 7 Evidence\n\n> > (1)  A certificate of the Clerk of the House of Assembly certifying that a document is an accurate copy of the tabled text, or is an accurate copy of a particular part or of particular provisions of the tabled text, is admissible in evidence in any proceedings and is evidence –\n> > \n> > > > (a) of the matter certified; and\n> > > \n> > > > (b) that the text of the proposed Commonwealth Bills was tabled in the House of Assembly as referred to in the definition of \"tabled text\" in [section 3](#GS3@EN) .\n> \n> > (2)  [Subsection (1)](#GS7@Gs1@EN) does not affect any other way in which the tabling or content of the tabled text, or the accuracy of a copy of the tabled text or of a part or provisions of the tabled text, may be established.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Administration of Act","content":"### 8 Administration of Act\n\n> Until provision is made in relation to this Act under [section 4 of the](/view/html/inforce/2026-04-12/act-1990-004#GS4@EN) [Administrative Arrangements Act 1990](/view/html/inforce/2026-04-12/act-1990-004)  –\n> \n> > > (a) the administration of this Act is assigned to the Minister for Corrections and Consumer Protection; and\n> > \n> > > (b) the department responsible to that Minister in relation to the administration of this Act is the Department of Justice.","sortOrder":7}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act confines the referral to the matters described in the tabled National Consumer Credit Protection Bill text and to the extent those matters are within State legislative power but not already Commonwealth power (s4(1)–(2)). It also authorises later express Commonwealth amendments to the National Credit legislation to apply (s4(1)(b)), and provides for termination and savings (ss5–6). Nothing in the text unilaterally expands or narrows the referred subject‑matter beyond those terms."},"complexity_factors":["Multiple cross‑references between initial reference and later amendment reference, creating staged delegation of power (s4)","Detailed definitions that limit what is referred (eg. referred credit matter, initial National Credit Code, National Credit legislation) (s3)","Termination mechanics and savings/continuity rules for laws made before termination (ss5–6)","Interaction allowed between Commonwealth Acts and non‑legislative Commonwealth Credit instruments affecting operation of the Code (s4(4), s6(4)(a))","Governor’s discretion to fix or revoke termination dates by proclamation and the effect of revocation timing (s5)","Evidentiary certificate mechanism for the tabled text (s7) and administrative assignment pending Arrangements Act provision (s8)"],"plain_english_summary":"This Act hands the State's power to legislate about consumer credit and certain consumer leases to the Commonwealth by referring those matters so the National Credit legislation (the tabled Bill text and later express Commonwealth amendments) can operate in the State (s4). Lenders and lessors must follow Commonwealth rules once enacted; the Governor can end the references by proclamation, but laws already made under the references generally continue to operate (ss5–6)."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act appears to have remained unchanged since its commencement on 17 November 2009, consistent with its narrow, one-time purpose of referring legislative power to the Commonwealth. Referral Acts of this type are rarely amended once the national scheme they enable is operational."},"complexity_factors":["Constitutional referral of powers is a technical legal concept (the mechanism by which states transfer legislative authority to the Commonwealth under s.51(xxxvii) of the Constitution)","The Act's real-world effect is indirect — it enables Commonwealth legislation rather than directly regulating conduct","Understanding the full impact requires knowledge of the corresponding federal legislation (National Consumer Credit Protection Act 2009)","The text available is mostly metadata/administrative information rather than substantive provisions, limiting detailed analysis","Short, narrow-purpose legislation — low complexity in terms of provisions but conceptually requires constitutional context to understand"],"plain_english_summary":"This Act transfers Tasmania's power to regulate consumer credit to the Commonwealth, enabling a single national scheme rather than separate state rules. It is the legal step that allowed the National Consumer Credit Protection Act 2009 to apply in Tasmania.\n\nWhy it matters: ordinary Tasmanians now receive federal consumer‑credit protections, and lenders, brokers and other credit providers operate under one national regulator (ASIC) and a national licensing regime instead of separate state systems."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This legislation maintains its original narrow purpose as a constitutional referral mechanism. It has not expanded beyond its core function of referring credit-related matters to the Commonwealth under s 51(xxxvii) of the Constitution. The structure follows the standard template for referral Acts and remains tightly focused on enabling the National Consumer Credit Protection regime."},"complexity_factors":["8 defined terms in the interpretation section, several of which are circular or refer to external documents (the 'tabled text' of specific Bills)","Nested conditional logic in section 4(2) limiting the reference to matters not already within Commonwealth power and only to the extent within State power","Dual-track referral structure (initial reference vs amendment reference) with different scopes and termination mechanisms","Complex temporal provisions in section 6 dealing with 'savings' of laws made under terminated references","Cross-references to specific Standing Orders of the House of Assembly and constitutional provisions (s 51(xxxvii))","Procedural mechanisms requiring Gazette proclamations for termination with revocation possibilities"],"plain_english_summary":"This is a **State referral Act** (specifically, this appears to be the Tasmanian version of a standard template used by all Australian States). It does one crucial thing: **it gives the Commonwealth Parliament power to make national consumer credit laws**.\n\n### Why this exists\nUnder Australia's Constitution, the Commonwealth can only make laws on certain topics. Consumer credit (things like home loans, credit cards, and car loans) isn't one of them. However, **section 51(xxxvii)** of the Constitution lets State Parliaments \"refer\" (hand over) their law-making powers to the Commonwealth.\n\n### What this Act actually does\n- **Hands over power**: It refers two specific matters to the Commonwealth:\n  1. The initial text of the National Consumer Credit Protection Bill 2009 (the starting rules)\n  2. Any future changes to credit laws (the \"amendment reference\")\n\n- **Sets boundaries**: The referral only works for things the State already has power over, and only if the Commonwealth doesn't already have that power from somewhere else.\n\n- **Includes a safety switch**: The State can pull out later. The Governor can issue a proclamation (official notice) to end the referral, either for future amendments or entirely.\n\n- **Protects existing laws**: If the State pulls out of future amendments, credit laws already made stay in force.\n\n### Who it affects\n- **Consumers**: Anyone getting a mortgage, personal loan, credit card, or car lease in Australia\n- **Lenders**: Banks, credit unions, payday lenders, and finance companies\n- **The Commonwealth**: Gets the constitutional power to run a national credit system instead of having different rules in each State\n\n### Why it matters\nBefore this referral, each State had its own credit laws (the old Uniform Consumer Credit Code). This Act enables a **single national system**, making it easier for lenders to operate across Australia and giving consumers consistent protections nationwide."}},"importantCases":[],"_links":{"self":"/api/acts/credit-commonwealth-powers-act-2009","history":"/api/acts/credit-commonwealth-powers-act-2009/history","analysis":"/api/acts/credit-commonwealth-powers-act-2009/analysis","conflicts":"/api/acts/credit-commonwealth-powers-act-2009/conflicts","importantCases":"/api/acts/credit-commonwealth-powers-act-2009/important-cases","documents":"/api/acts/credit-commonwealth-powers-act-2009/documents"}}