{"id":"tas:act-2009-077","name":"Credit (Commonwealth Powers) (Transitional and Consequential Provisions) Act 2009","slug":"credit-commonwealth-powers-transitional-and-consequential-provisions-act-2009","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"77 of 2009","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":44849,"registerId":"tas-act-2009-077-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Credit (Commonwealth Powers) (Transitional and Consequential Provisions) Act 2009](/view/html/inforce/2026-04-12/act-2009-077) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> The provisions of this Act commence on a day or days to be proclaimed.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In this Act, unless the contrary intention appears –\n> \n> > ***ASIC*** means the Australian Securities and Investments Commission established by the *Australian Securities and Investments Commission Act 1989* of the Commonwealth and continued in existence by section 261 of the ASIC Act;\n> \n> > ***Director*** means the Director of Consumer Affairs and Fair Trading appointed under [section 9 of the](/view/html/inforce/2026-04-12/act-1988-053#GS9@EN) [Consumer Affairs Act 1988](/view/html/inforce/2026-04-12/act-1988-053) ;\n> \n> > ***former consumer credit legislation*** means any of the following (as in force immediately before its repeal by this Act):\n> > \n> > > > (a) the [Consumer Credit (Tasmania) Act 1996](/view/html/inforce/2026-04-12/act-1996-025) (including the Consumer Credit (Tasmania) Code and the Consumer Credit (Tasmania) Regulations);\n> > > \n> > > > (b) the [Consumer Credit (Tasmania) (Jurisdiction of Courts) Regulations 2006](/view/html/inforce/2026-04-12/sr-2006-094) ;\n> > > \n> > > > (c) the [Consumer Credit (Tasmania) (Transitional) Regulations 2006](/view/html/inforce/2026-04-12/sr-2006-127) ;\n> \n> > ***National Credit legislation*** means –\n> > \n> > > > (a) the *National Consumer Credit Protection Act 2009* of the Commonwealth; and\n> > > \n> > > > (b) the *National Consumer Credit Protection (Transitional and Consequential Provisions) Act 2009* of the Commonwealth;\n> \n> > ***proceedings*** has the same meaning as in the *National Consumer Credit Protection (Transitional and Consequential Provisions) Act 2009* of the Commonwealth.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Transitional Provisions","content":"# Part 2 Transitional Provisions","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Court proceedings","content":"### 4 Court proceedings\n\n> Proceedings in a court that constitute old proceedings under item 4(1) of Schedule 1 to the *National Consumer Credit Protection (Transitional and Consequential Provisions) Act 2009* of the Commonwealth cease to be proceedings under a law of the State immediately after the commencement of that item of that Act.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Construction of references to former consumer credit legislation","content":"### 5 Construction of references to former consumer credit legislation\n\n> > (1)  In this section –\n> > \n> > > ***document*** means any Act (other than this Act) or statutory instrument, or any other instrument, or any contract or agreement.\n> \n> > (2)  In any document –\n> > \n> > > > (a) a reference to any former consumer credit legislation extends to the National Credit legislation; and\n> > > \n> > > > (b) a reference to a provision of any former consumer credit legislation extends to the corresponding provision (if any) of the National Credit legislation.","sortOrder":6},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"# Part 3 Miscellaneous","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Provision of information and assistance to ASIC","content":"### 6 Provision of information and assistance to ASIC\n\n> Despite any other Act or law, the Director is authorised, on his or her own initiative or at the request of ASIC –\n> \n> > > (a) to provide ASIC with any document, or other information, in the possession or control of the Director that is reasonably required by ASIC in connection with the performance or exercise of its functions or powers under the National Credit legislation; and\n> > \n> > > (b) to provide ASIC with such other assistance as is reasonably required by ASIC to perform or exercise a function or power under the National Credit legislation.","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"ASIC has certain functions and powers","content":"### 7 ASIC has certain functions and powers\n\n> > (1)  The Minister, or a person authorised in writing by the Minister, may enter into an agreement or arrangement with ASIC for the performance of functions or the exercise of powers by ASIC as an agent of the State, even if those functions or powers are or may be conferred on another person or body by or under a law of the State.\n> \n> > (2)  An agreement or arrangement of a kind referred to in [subsection (1)](#GS7@Gs1@EN) has effect by force of this section despite any provision of a law of the State in respect of any function or power that is the subject of the agreement or arrangement.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Regulations","content":"### 8 Regulations\n\n> > (1)  The Governor may make regulations containing provisions of a savings or transitional nature consequent on –\n> > \n> > > > (a) the enactment of this Act; or\n> > > \n> > > > (b) the transition from the application of the provisions of the former consumer credit legislation to the application of provisions of the National Credit legislation.\n> \n> > (2)  If such regulations so provide, the regulations have effect despite any other provision of this Act.\n> \n> > (3)  Regulations made under [subsection (1)](#GS8@Gs1@EN) may take effect when this section commences or on a later day specified in the regulations, whether the day so specified is before, on or after the day on which the regulations are made.\n> \n> > (4)  To the extent to which regulations take effect under [subsection (3)](#GS8@Gs3@EN) on a day that is earlier than the day on which the regulations are made, the regulations do not operate to the disadvantage of a person by –\n> > \n> > > > (a) decreasing the person's rights; or\n> > > \n> > > > (b) imposing liabilities on the person.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Administration of Act","content":"### 9 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.\n\n*\n\n**10.**   \n\n> See [Schedule 1](#JS1@EN) .\n\n*","sortOrder":11},{"sectionNumber":"10.","sectionType":"section","heading":null,"content":"### 10.\n\n> See [Schedule 1](#JS1@EN) .","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Legislation repealed","content":"### 11 Legislation repealed\n\n> The legislation specified in [Schedule 2](#JS2@EN) is repealed.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Legislation rescinded","content":"### 12 Legislation rescinded\n\n> The legislation specified in [Schedule 3](#JS3@EN) is rescinded.","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Legislation revoked","content":"### 13 Legislation revoked\n\n> The legislation specified in [Schedule 4](#JS4@EN) is revoked.","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Effect of certain consequential amendments","content":"### 14 Effect of certain consequential amendments\n\n> The amendment of an order under [Schedule 1](#JS1@EN) does not bar its further amendment by a subsequent order.","sortOrder":16},{"sectionNumber":"SCHEDULE 1 - Consequential Ame","sectionType":"part","heading":"SCHEDULE 1 - Consequential Amendments","content":"# SCHEDULE 1 - Consequential Ame SCHEDULE 1 - Consequential Amendments\n\n[Section 10](#GS10@EN)\n\n> > (a) [Acts Interpretation Act 1931](/view/html/inforce/2026-04-12/act-1931-059) ;\n> \n> > (b) [Bills of Sale Act 1900](/view/html/inforce/2026-04-12/act-1900-070) ;\n> \n> > (c) [Consumer Affairs Act 1988](/view/html/inforce/2026-04-12/act-1988-053) ;\n> \n> > (d) [Police Offences Act 1935](/view/html/inforce/2026-04-12/act-1935-044) ;\n> \n> > (e) [Justices Order 2004](/view/html/inforce/2026-04-12/sr-2004-063) .","sortOrder":17},{"sectionNumber":"SCHEDULE 2 - Legislation repea","sectionType":"part","heading":"SCHEDULE 2 - Legislation repealed","content":"# SCHEDULE 2 - Legislation repea SCHEDULE 2 - Legislation repealed\n\n[Section 11](#GS11@EN)\n\n| Consumer Credit (Tasmania) Act 1996 (No. 25 of 1996) |\n| Consumer Credit (Tasmania) Amendment Act 2003 (No. 20 of 2003) |\n| Consumer Credit (Tasmania) Amendment Act 2007 (No. 40 of 2007) |","sortOrder":18},{"sectionNumber":"SCHEDULE 3 - Legislation resci","sectionType":"part","heading":"SCHEDULE 3 - Legislation rescinded","content":"# SCHEDULE 3 - Legislation resci SCHEDULE 3 - Legislation rescinded\n\n[Section 12](#GS12@EN)\n\n| Consumer Credit (Tasmania) Amendment Regulations 1999 (No. 82 of 1999) |\n| Consumer Credit (Tasmania) (Jurisdiction of Courts) Regulations 2006 (No. 94 of 2006) |\n| Consumer Credit (Tasmania) (Transitional) Regulations 2006 (No. 127 of 2006) |","sortOrder":19},{"sectionNumber":"SCHEDULE 4 - Legislation revok","sectionType":"part","heading":"SCHEDULE 4 - Legislation revoked","content":"# SCHEDULE 4 - Legislation revok SCHEDULE 4 - Legislation revoked\n\n[Section 13](#GS13@EN)\n\n| Consumer Credit (Tasmania) Order 1996 (No. 149 of 1996) |\n| Consumer Credit (Tasmania) Order (No. 2) 1996 (No. 172 of 1996) |\n| Consumer Credit (Tasmania) Order 1997 (No. 1 of 1997) |\n| Proclamation under the Consumer Credit (Tasmania) Act 1996 (No. 7 of 1997) |\n| Proclamation under the Consumer Credit (Tasmania) Act 1996 (No. 145 of 1997) |\n| Proclamation under the Consumer Credit (Tasmania) Act 1996 (No. 52 of 1998) |\n| Proclamation under the Consumer Credit (Tasmania) Act 1996 (No. 158 of 1998) |\n| Proclamation under the Consumer Credit (Tasmania) Act 1996 (No. 159 of 1998) |\n| Proclamation under the Consumer Credit (Tasmania) Act 1996 (No. 38 of 1999) |\n| Proclamation under the Consumer Credit (Tasmania) Act 1996 (No. 153 of 1999) |\n| Proclamation under the Consumer Credit (Tasmania) Act 1996 (No. 158 of 2002) |\n| Proclamation under the Consumer Credit (Tasmania) Act 1996 (No. 159 of 2002) |\n| Proclamation under the Consumer Credit (Tasmania) Act 1996 (No. 18 of 2003) |\n| Proclamation under the Consumer Credit (Tasmania) Act 1996 (No. 19 of 2003) |\n| Proclamation under the Consumer Credit (Tasmania) Act 1996 (No. 80 of 2005) |\n| Proclamation under the Consumer Credit (Tasmania) Act 1996 (No. 76 of 2006) |\n| Proclamation under the Consumer Credit (Tasmania) Act 1996 (No. 116 of 2006) |\n| Proclamation under the Consumer Credit (Tasmania) Act 1996 (No. 149 of 2006) |\n| Proclamation under the Consumer Credit (Tasmania) Act 1996 (No. 38 of 2008) |","sortOrder":20}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Yes. The Act transfers regulatory scope from Tasmania’s own consumer credit regime to the Commonwealth National Credit framework by repealing former state consumer credit laws and redirecting references to those laws to the National Credit legislation (s11–13; Schedules 2–4; s5). It also shifts enforcement and operational arrangements by authorising information sharing with ASIC and permitting the Minister to engage ASIC to perform State functions (s6–7)."},"complexity_factors":["Cross‑jurisdictional replacement: the Act replaces state consumer credit law with Commonwealth National Credit legislation and ties interpretation to that external scheme (definitions and operation: s3; cessation of state proceedings: s4; s5).","Wide repeals and revocations: multiple Acts, amendments, regulations and proclamations are repealed, rescinded or revoked (s11–13; Schedules 2–4), increasing the volume of affected instruments to check.","Reference substitution rule: documents and instruments referring to former state laws are redirected to the corresponding National Credit provisions, requiring retrospective reading of many contracts and statutory references (s5).","Information‑sharing override: Director is authorised, despite any other law, to provide documents and assistance to ASIC, creating an express legal override of confidentiality or other constraints (s6).","Delegation/agency arrangements: Minister may authorise ASIC to perform State functions or exercise powers as agent, and such agreements have effect despite inconsistent State law, concentrating administrative discretion (s7(1)–(2)).","Regulatory savings and limited retroactivity: Governor may make savings/transitional regulations which can operate from earlier dates but not to a person’s disadvantage, adding timing and application complexity (s8(1)–(4)).","Commencement and administrative assignment: commencement by proclamation and temporary assignment of administration to a named Minister/department adds sequencing and governance considerations (s2; s9)."],"plain_english_summary":"This Act moves Tasmania from its own consumer credit regime to the Commonwealth National Credit regime: it repeals state consumer credit laws and treats references to those old laws as extending to the National Credit legislation. It authorises the State’s Director to share documents and assist ASIC, and allows the Minister to contract ASIC to perform State functions. It matters to lenders, consumers, courts and regulators because it changes which rules apply, who enforces them, and creates new information‑sharing and delegation arrangements."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act appears to have remained faithful to its original purpose: managing the transitional arrangements when Tasmania referred its consumer credit powers to the Commonwealth. There is no indication from the available information that the scope was expanded or altered beyond the original intent of facilitating the handover to the national credit regime."},"complexity_factors":["Requires understanding of both the old Tasmanian state credit law and the new Commonwealth national credit regime to fully appreciate its effect","Transitional legislation inherently involves multiple overlapping legal timeframes and 'saving' provisions (rules that keep old laws alive for limited purposes)","Consequential amendments to other Tasmanian Acts add breadth without being deeply complex individually","Limited text is available for analysis — the full provisions of the Act are not reproduced here, creating uncertainty about specific technical details","Primarily a technical/machinery law with limited direct day-to-day impact on ordinary people post-transition"],"plain_english_summary":"This Act manages the transition when Tasmania handed consumer credit regulation to the Commonwealth, ensuring existing credit contracts, licences and proceedings under the old state regime are dealt with and that Tasmanian laws referring to that regime are amended or removed. It preserves rights and obligations for borrowers, lenders and courts so the shift to the national system does not create legal gaps or uncertainty."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: facilitating Tasmania's transition from state-based consumer credit regulation to the national credit regime. It does not expand beyond this transitional and consequential remit."},"complexity_factors":["Short statute (14 sections plus 4 schedules)","Only 5 defined terms in the interpretation section","Minimal conditional logic—primarily straightforward repeal and replacement provisions","Limited cross-referencing: mainly refers to the Commonwealth National Consumer Credit Protection Act 2009 and lists of repealed instruments","Simple transitional mechanism (court proceedings continue under new regime)","No nested exceptions or complex deeming provisions","Schedules consist mainly of lists of repealed/rescinded/revoked legislation rather than substantive amendments"],"plain_english_summary":"This is a **Tasmanian law** that helps switch the state from its own consumer credit rules to new **national credit laws** run by the federal government.\n\n**What it does:**\n- **Cleans house**: Repeals (cancels) Tasmania's old consumer credit laws from 1996 and related regulations, orders, and proclamations.\n- **Keeps things running smoothly**: Ensures that court cases already underway under the old Tasmanian laws continue properly under the new national system.\n- **Updates references**: Makes sure that any document mentioning the old Tasmanian laws is read as referring to the new national laws instead.\n- **Helps the federal regulator**: Allows Tasmania's Director of Consumer Affairs to share information and assist ASIC (the federal corporate and consumer watchdog) in enforcing the new national credit laws.\n- **Allows cooperation**: Lets the Tasmanian Minister make agreements for ASIC to act on Tasmania's behalf, even if state law normally gives those powers to someone else.\n- **Fixes other laws**: Makes technical updates to five other Tasmanian Acts and regulations to remove references to the repealed laws.\n\n**Who it affects:**\n- Tasmanian consumers and businesses involved in credit (loans, hire purchase, etc.)\n- Courts handling consumer credit disputes\n- The Director of Consumer Affairs and Fair Trading\n- ASIC (the federal regulator)\n\n**Why it matters:**\nThis law is part of a **national scheme** where all states agreed to let the Commonwealth (federal government) take over consumer credit regulation. Instead of each state having different rules, Australia now has one consistent national system. This Act is Tasmania's 'switchover' mechanism—it turns off the old state system and ensures a smooth handover to the federal system."}},"importantCases":[],"_links":{"self":"/api/acts/credit-commonwealth-powers-transitional-and-consequential-provisions-act-2009","history":"/api/acts/credit-commonwealth-powers-transitional-and-consequential-provisions-act-2009/history","analysis":"/api/acts/credit-commonwealth-powers-transitional-and-consequential-provisions-act-2009/analysis","conflicts":"/api/acts/credit-commonwealth-powers-transitional-and-consequential-provisions-act-2009/conflicts","importantCases":"/api/acts/credit-commonwealth-powers-transitional-and-consequential-provisions-act-2009/important-cases","documents":"/api/acts/credit-commonwealth-powers-transitional-and-consequential-provisions-act-2009/documents"}}