{"id":"credit-commonwealth-powers-transitional-and-consequential-provisions-act-2010","name":"Credit (Commonwealth Powers) (Transitional and Consequential Provisions) Act 2010","slug":"credit-commonwealth-powers-transitional-and-consequential-provisions-act-2010","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30399,"registerId":"wa-credit-commonwealth-powers-transitional-and-consequential-provisions-act-2010-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Credit (Commonwealth Powers) (Transitional and Consequential Provisions) Act 2010","content":"![Crest]()Western Australia\n\nCredit (Commonwealth Powers) (Transitional and Consequential Provisions) Act 2010\n\nWestern Australia\n\nCredit (Commonwealth Powers) (Transitional and Consequential Provisions) Act 2010\n\nContents\n\n‑Part 1 — Preliminary\n\n1. Short title 2\n\n2. Commencement 2\n\n3. Terms used 2\n\nPart 2 — *Consumer Credit (Western Australia) Act 1996* repealed\n\nDivision 1 — Repeal\n\n4. *Consumer Credit (Western Australia) Act 1996* repealed 3\n\nDivision 2 — Transitional Provisions\n\n5. Proceedings 3\n\n6. Arrangements for conduct of proceedings 3\n\n7. Information 4\n\nDivision 3 — Consequential Provisions\n\n8. *Bills of Sale Act 1899* amended 5\n\n9. *Credit Act 1984* amended 5\n\n10. *Door to Door Trading Act 1987* amended 6\n\n11. *Hire‑Purchase Act 1959* amended 6\n\n12. *Road Traffic Act 1974* amended 6\n\n13. *Supreme Court Act 1935* amended 6\n\n14. *Transport Co‑ordination Act 1966* amended 7\n\nPart 3 — *Credit (Administration) Act 1984* amended\n\nDivision 1 — *Credit (Administration) Act 1984* amended\n\n15. Act amended 8\n\n16. Section 4 amended 8\n\n17. Section 6 amended 8\n\n18. Section 9 amended 9\n\n19. Section 10 amended 9\n\n20. Section 11 amended 9\n\n21. Section 12 amended 9\n\n22. Section 13 amended 10\n\n23. Section 14 amended 10\n\n24. Section 15 amended 10\n\n25. Section 17 amended 10\n\n26. Section 21 amended 11\n\n27. Section 23 amended 11\n\n28. Part III deleted 12\n\n29. Part IV deleted 12\n\n30. Section 44AA and 44AB inserted 12\n\n44AA. Arrangements for administration of this Act 12\n\n44AB. Information 12\n\n31. Part VA heading amended 13\n\n32. Section 44A amended 13\n\n33. Section 44B amended 14\n\n34. Section 44C amended 15\n\n35. Section 44D amended 15\n\nDivision 2 — Consequential provisions\n\n36. *Credit Act 1984* amended 16\n\nPart 4 — *Finance Brokers Control Act 1975* amended\n\nDivision 1 — *Finance Brokers Control Act 1975* amended\n\n37. Act amended 17\n\n38. Section 4 amended 17\n\n39. Section 7 amended 17\n\n40. Section 9A and 9B inserted 18\n\n9A. Arrangements with ASIC 18\n\n9B. Information 18\n\n41. Section 17 amended 19\n\n42. Section 24 amended 19\n\n43. Section 25 amended 20\n\n44. Section 26 amended 20\n\n45. Section 27A inserted 20\n\n27A. No further grants of licences 20\n\n46. Section 30 amended 20\n\n47. Section 31 amended 21\n\n48. Section 32 amended 21\n\n49. Section 34 amended 21\n\n50. Section 35 amended 22\n\n51. Sections 36, 37 and 38 deleted 22\n\n52. Section 40A amended 22\n\n53. Section 41 amended 23\n\n54. Section 42 amended 23\n\n55. Section 43 amended 23\n\n56. Section 44 amended 23\n\n57. Section 45 amended 24\n\n58. Section 46 amended 24\n\n59. Section 48 amended 24\n\n60. Section 49 amended 24\n\n61. Section 50 amended 25\n\n62. Section 53 amended 25\n\n63. Section 54 amended 25\n\n64. Section 60 amended 25\n\n65. Section 61 amended 26\n\n66. Section 66 amended 26\n\n67. Section 68 amended 26\n\n68. Section 69 amended 26\n\n69. Section 72 amended 27\n\n70. Sections 73 to 80 deleted 27\n\n71. Section 82 amended 27\n\n72. Section 82A deleted 28\n\n73. Section 83 amended 28\n\n74. Section 84 deleted 29\n\n75. Section 85 amended 29\n\n76. Section 92B deleted 29\n\n77. Section 95 amended 29\n\nDivision 2 — Consequential provisions\n\n78. *Housing Societies Act 1976* amended 30\n\n79. *Settlement Agents Act 1981* amended 30\n\nPart 5 — *Finance Brokers Control Act 1975* repealed\n\nDivision 1 — Repeal\n\n80. *Finance Brokers Control Act 1975* repealed 31\n\nDivision 2 — Transitional Provisions\n\n82. *State Administrative Tribunal Act 2004* amended 31\n\nNotes\n\nCompilation table 32\n\nOther notes 32\n\n  \n\nWestern Australia\n\nCredit (Commonwealth Powers) (Transitional and Consequential Provisions) Act 2010\n\nAn Act to amend or repeal various Acts as a consequence of the *National Consumer Credit Protection Act 2009* (Commonwealth).\n\n## Part 1 — Preliminary\n\n##### 1. Short title\n\nThis is the *Credit (Commonwealth Powers) (Transitional and Consequential Provisions) Act 2010*.\n\n##### 2. Commencement\n\nThis Act comes into operation as follows —\n\n(a) sections 1 and 2 — on the day on which this Act receives the Royal Assent;\n\n(b) the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.\n\n##### 3. Terms used\n\nIn this Act, unless the contrary intention appears —\n\nASIC means the Australian Securities and Investments Commission;\n\nCEO means the chief executive officer of the Department principally assisting the Minister in the administration of the *Credit Act 1984* and the *Credit (Administration) Act 1984*.\n\n## Part 2 — *Consumer Credit (Western Australia) Act 1996* repealed\n\n### Division 1 — Repeal\n\n##### 4. *Consumer Credit (Western Australia) Act 1996* repealed\n\nThe *Consumer Credit (Western Australia) Act 1996* is repealed.\n\n### Division 2 — Transitional Provisions\n\n##### 5. Proceedings\n\n(1) Proceedings brought in relation to a provision of the *Consumer Credit (Western Australia) Code* —\n\n(a) which are not proceedings to which the *National Consumer Credit Protection Act 2009* (Commonwealth) Schedule 1 item 4 applies; and\n\n(b) which upon section 4 coming into operation are pending before a court,\n\nare to be dealt with under the *Consumer Credit (Western Australia) Act 1996* despite the repeal of that Act.\n\n(2) Proceedings brought in relation to a provision of the *Consumer Credit (Western Australia) Code* which upon section 4 coming into operation are pending before the State Administrative Tribunal are to be dealt with under the *Consumer Credit (Western Australia) Act 1996* despite the repeal of that Act.\n\n##### 6. Arrangements for conduct of proceedings\n\n(1) The CEO may make an arrangement with ASIC about the conduct of any proceedings to which section 5 applies.\n\n(2) In particular, an arrangement may provide —\n\n(a) for the performance of functions and the exercise of powers conferred by subsection (3) on ASIC; or\n\n(b) for the performance of functions or the exercise of powers of the CEO in relation to the conduct of proceedings to which section 5 applies by staff members of ASIC.\n\n(3) Subject to subsection (4), ASIC has the functions and powers of the CEO in relation to the conduct of proceedings to which section 5 applies.\n\n(4) ASIC must not perform a function or exercise a power conferred by subsection (3) except in accordance with an arrangement under this section.\n\n##### 7. Information\n\n(1) This section applies to information obtained by the CEO in connection with the administration or enforcement of the *Consumer Credit (Western Australia) Act 1996* or the *Consumer Credit (Western Australia) Code*.\n\n(2) The CEO may —\n\n(a) disclose information to which this section applies; or\n\n(b) give copies of records which contain information to which this section applies and which are in the CEO’s possession or under the CEO’s control,\n\nto ASIC for the purpose of the administration or enforcement of the *National Consumer Credit Protection Act 2009* (Commonwealth).\n\n### Division 3 — Consequential Provisions\n\n##### 8. *Bills of Sale Act 1899* amended\n\n(1) This section amends the *Bills of Sale Act 1899*.\n\n(2) In section 17S(2)(b) delete “*Consumer Credit (Western Australia) Code*” and insert:\n\n\t\t*National Credit Code* (Commonwealth)\n\n##### 9. *Credit Act 1984* amended\n\n(1) This section amends the *Credit Act 1984*.\n\n(2) In section 19A(2)(b)(i) delete “the credit contract does” and insert:\n\nthe credit contract as made did\n\n(3) Delete section 19B(2) and insert:\n\n(2) If the credit provider under a contract to which this Act continues to apply acts in accordance with —\n\n(a) in respect of any action before [reference date], the *Consumer Credit (Western Australia) Code* section 34, 35, 66 to 69, 78 to 99, 163, 171, 172 or 173; or\n\n(b) in respect of any action on or after [reference date], the *National Credit Code* section 36, 37, 72 to 75, 85 to 107, 185, 194, 195 or 196,\n\nthe credit provider is taken to have acted in accordance with the corresponding provision of this Act.\n\n##### 10. *Door to Door Trading Act 1987* amended\n\n(1) This section amends the *Door to Door Trading Act 1987*.\n\n(2) In section 16(2) delete “and the *Consumer Credit (Western Australia) Code*”.\n\n##### 11. *Hire‑Purchase Act 1959* amended\n\n(1) This section amends the *Hire‑Purchase Act 1959*.\n\n(2) In section 2 in the definition of ***hire‑purchase agreement*** paragraph (g) delete “*Consumer Credit (Western Australia) Code*;” and insert:\n\n\t\t*National Credit Code* (Commonwealth);\n\n(3) Delete section 2B.\n\n##### 12. *Road Traffic Act 1974* amended\n\n(1) This section amends the *Road Traffic Act 1974*.\n\n(2) In section 78A in the definition of ***lent***:\n\n(a) delete “Consumer Credit Code;” and insert:\n\n\t\t*National Credit Code* (Commonwealth);\n\n(b) after “the *Hire‑Purchase Act 1959* or” delete “is”.\n\n##### 13. *Supreme Court Act 1935* amended\n\n(1) This section amends the *Supreme Court Act 1935*.\n\n(2) Delete section 31(1).\n\n##### 14. *Transport Co‑ordination Act 1966* amended\n\n(1) This section amends the *Transport Co‑ordination Act 1966*.\n\n(2) In section 4 in the definition of ***owner*** paragraph (ab) delete “*Consumer Credit (Western Australia) Code*” and insert:\n\n\t\t*National Credit Code* (Commonwealth)\n\n## Part 3 — *Credit (Administration) Act 1984* amended\n\n### Division 1 — *Credit (Administration) Act 1984* amended\n\n##### 15. Act amended\n\nThis Part amends the *Credit (Administration) Act 1984*.\n\n##### 16. Section 4 amended\n\n(1) In section 4 delete the definition of ***Code***.\n\n(2) In section 4 insert in alphabetical order:\n\n ***ASIC*** means the Australian Securities and Investments Commission;\n\n\t***Code*** means the *Consumer Credit (Western Australia) Code* as in force from time to time before the referral day;\n\n\t***pending application*** means an application for a credit provider’s licence made under section 9 which immediately before the referral day has been neither granted under section 12(1) nor refused under section 12(2) or (4);\n\n\t***referral day*** means the day on which the *Credit (Commonwealth Powers) Act 2010* section 4 comes into operation;\n\n##### 17. Section 6 amended\n\nBefore section 6(1) insert:\n\n(1A) On and after the referral day, subsections (1) and (2) have no effect.\n\n##### 18. Section 9 amended\n\nBefore section 9(1) insert:\n\n(1A) Despite anything in this Act, on and after the referral day no application for a credit provider’s licence is to be made.\n\n##### 19. Section 10 amended\n\nBefore section 10(1) insert:\n\n(1A) This section does not apply to a pending application.\n\n##### 20. Section 11 amended\n\nBefore section 11(1) insert:\n\n(1A) This section does not apply to a pending application.\n\n##### 21. Section 12 amended\n\nBefore section 12(1) insert:\n\n(1A) Despite anything in this Act, on and after the referral day the Commissioner is neither to grant nor to refuse a pending application.\n\n##### 22. Section 13 amended\n\nBefore section 13(1) insert:\n\n(1A) Despite anything in this Act, on and after the referral day the Commissioner is not to impose, vary or revoke conditions or restrictions subject to which a licence is to be held.\n\n##### 23. Section 14 amended\n\nIn section 14(2) delete “A licensee shall” and insert:\n\nBefore the referral day, a licensee must\n\n##### 24. Section 15 amended\n\nIn section 15 delete “The holder of a credit provider’s licence shall” and insert:\n\nBefore the referral day, the holder of a credit provider’s licence must\n\n##### 25. Section 17 amended\n\n(1) In section 17(1) after “Where” insert:\n\nat any time before the referral day\n\n(2) In section 17(2) after “ceasing” insert:\n\nat any time before the referral day\n\n##### 26. Section 21 amended\n\n(1) After section 21(1) insert:\n\n(2A) Subsection (1) does not apply in respect of a year commencing on an anniversary falling on or after the referral day.\n\n(2B) Regulations may provide for the Commissioner to repay to a licensee part or all of a fee paid by the licensee under subsection (1) in respect of a year commencing on an anniversary falling within 12 months before the referral day.\n\n(2) After section 21(2) insert:\n\n(3A) A statement is not required under subsection (2) in respect of a year commencing on an anniversary falling on or after the referral day, or within 12 months before the referral day.\n\n##### 27. Section 23 amended\n\nIn section 23(4) delete “believing that —” and insert:\n\nbelieving that at any time before the referral day —\n\n##### 28. Part III deleted\n\nDelete Part III.\n\n##### 29. Part IV deleted\n\nDelete Part IV.\n\n##### 30. Section 44AA and 44AB inserted\n\nAt the end of Part V insert:\n\n44AA. Arrangements for administration of this Act\n\n(1) The Commissioner may make an arrangement with ASIC about any matter connected with the administration of this Act.\n\n(2) In particular, an arrangement may provide —\n\n(a) for the performance of functions and the exercise of powers conferred by subsection (3) by ASIC; or\n\n(b) for the performance of functions or the exercise of powers of the Commissioner under this Act by staff members of ASIC.\n\n(3) Subject to subsection (4), ASIC has the functions and powers of the Commissioner under this Act.\n\n(4) ASIC must not perform a function or exercise a power conferred by subsection (3) except in accordance with an arrangement under this section.\n\n44AB. Information\n\n(1) This section applies to information obtained by the Commissioner in connection with the administration or enforcement of this Act.\n\n(2) The Commissioner may —\n\n(a) disclose information to which this section applies; or\n\n(b) give copies of records which contain information to which this section applies and which are in the Commissioner’s possession or under the Commissioner’s control,\n\nto ASIC for the purpose of the administration or enforcement of the *National Consumer Credit Protection Act 2009* (Commonwealth).\n\n##### 31. Part VA heading amended\n\nIn the heading to Part VA delete “Fund” and insert:\n\nAccount\n\n##### 32. Section 44A amended\n\n(1) Delete section 44A(1) and (2) and insert:\n\n(1) An agency special purpose account called the Consumer Credit Account is established under the *Financial Management Act 2006* section 16.\n\n(2) In section 44A(3):\n\n(a) delete “If subsection (2)(b) applies, moneys” and insert:\n\nMoneys\n\n(b) delete “Consumer Credit Fund” and insert:\n\nConsumer Credit Account\n\n(c) delete “under section 38 of the *Financial Administration and Audit Act 1985*.” and insert:\n\nunder the *Financial Management Act 2006* section 37.\n\nNote: The heading to amended section 44A is to read:\n\nEstablishment of Consumer Credit Account\n\n##### 33. Section 44B amended\n\n(1) Delete section 44B(1).\n\n(2) In section 44B(2) delete “Consumer Credit Fund” and insert:\n\nConsumer Credit Account\n\n(3) In section 44B(2)(b) and (c) delete “Consumer Credit Fund;” and insert:\n\nConsumer Credit Account;\n\nNote: The heading to amended section 44B is to read:\n\nPayments to Consumer Credit Account\n\n##### 34. Section 44C amended\n\n(1) In section 44C:\n\n(a) delete “Consumer Credit Fund” and insert:\n\nConsumer Credit Account\n\n(b) delete paragraph (a) and insert:\n\n(a) the payment of such moneys as are approved by the Minister, on the terms approved by the Minister, for providing information, advice or research relevant to the protection of the interests of consumers; and\n\n(c) after paragraph (b) insert:\n\nand\n\nNote: The heading to amended section 44C is to read:\n\nPayments from Consumer Credit Account\n\n##### 35. Section 44D amended\n\nIn section 44D:\n\n(a) delete “section 52 of the *Financial Administration and Audit Act 1985*,” and insert:\n\n\t\t*Financial Management Act 2006* section 52,\n\n(b) delete “Consumer Credit Fund” and insert:\n\nConsumer Credit Account\n\nNote: The heading to amended section 44D is to read:\n\nReport on operations of Consumer Credit Account\n\n### Division 2 — Consequential provisions\n\n##### 36. *Credit Act 1984* amended\n\n(1) This section amends the *Credit Act 1984*.\n\n(2) In section 5 delete the definition of ***licensed credit provider*** and insert:\n\n  licensed credit provider means the holder of an Australian credit licence for the time being in force under the *National Credit Protection Act 2009* (Commonwealth);\n\n## Part 4 — *Finance Brokers Control Act 1975* amended\n\n### Division 1 — *Finance Brokers Control Act 1975* amended\n\n##### 37. Act amended\n\nThis Division amends the *Finance Brokers Control Act 1975*.\n\n##### 38. Section 4 amended\n\n(1) In section 4 delete the definition of ***Treasurer***.\n\n(2) In section 4 insert in alphabetical order:\n\n ***ASIC*** means the Australian Securities and Investments Commission;\n\n ***referral day*** means the day on which the *Credit (Commonwealth Powers) Act 2010* section 5 comes into operation;\n\n(3) In section 4 in the definition of ***supervisor*** delete “broker;” and insert:\n\nbroker.\n\n##### 39. Section 7 amended\n\nIn section 7:\n\n(a) delete paragraphs (a), (b) and (d);\n\n(b) after paragraph (c) insert:\n\nand\n\n##### 40. Section 9A and 9B inserted\n\nAfter section 8 insert:\n\n9A. Arrangements with ASIC\n\n(1) The Commissioner may make an arrangement with ASIC about the conduct of any investigation under Division 2 or 2A, or the conduct of any proceedings under this Act.\n\n(2) In particular, an arrangement may provide —\n\n(a) for the performance of functions and the exercise of powers conferred by subsection (3) on ASIC; or\n\n(b) for the performance of functions or the exercise of powers of the Commissioner in relation to the conduct of any investigation under Division 2 or 2A, or the conduct of any proceedings under this Act by staff members of ASIC.\n\n(3) Subject to subsection (4), ASIC has the functions and powers of the Commissioner in relation to the conduct of any investigation under Division 2 or 2A, or the conduct of any proceedings under this Act.\n\n(4) ASIC must not perform a function or exercise a power conferred by subsection (3) except in accordance with an arrangement under this section.\n\n9B. Information\n\n(1) This section applies to information obtained by the Commissioner in connection with the administration or enforcement of this Act.\n\n(2) The Commissioner may —\n\n(a) disclose information to which this section applies; or\n\n(b) give copies of records which contain information to which this section applies and which are in the Commissioner’s possession or under the Commissioner’s control,\n\nto ASIC for the purpose of the administration or enforcement of the *National Consumer Credit Protection Act 2009* (Commonwealth).\n\n##### 41. Section 17 amended\n\nIn section 17(1) —\n\n(a) after “a licensee” insert:\n\nhas acted or\n\n(b) after “the licence and is” insert:\n\nor was\n\n##### 42. Section 24 amended\n\nBefore section 24(1) insert:\n\n(1A) Despite anything in this Act, on and after the referral day no application for a licence is to be made.\n\n##### 43. Section 25 amended\n\nBefore section 25(1) insert:\n\n(1A) Despite anything in this Act, on and after the referral day no objection to the grant or renewal of a licence is to be made or determined.\n\n##### 44. Section 26 amended\n\nBefore section 26(1) insert:\n\n(1A) On and after the referral day, subsection (1) has no effect.\n\n##### 45. Section 27A inserted\n\nAfter section 26 insert:\n\n27A. No further grants of licences\n\nDespite anything in this Act, on and after the referral day, no licences are to be granted under section 27, 28 or 29.\n\n##### 46. Section 30 amended\n\nBefore section 30(1) insert:\n\n(1A) Despite anything in this Act, on the referral day every licence which has not already expired or been surrendered expires.\n\n##### 47. Section 31 amended\n\nDelete section 31(1) and insert:\n\n(1) Despite anything in this Act, on and after the referral day no licence is to be renewed under subsection (2).\n\n##### 48. Section 32 amended\n\nBefore section 32(1) insert:\n\n(1A) Despite anything in this Act, on and after the referral day —\n\n(a) no application for the renewal of a licence is to be made; and\n\n(b) no licence is to be renewed.\n\n##### 49. Section 34 amended\n\n(1) In section 34(1) delete “shall” and insert:\n\nmust until the referral day\n\n(2) In section 34(3) delete “shall” and insert:\n\nmust until the referral day\n\n(3) After section 34(4) insert:\n\n(5) No condition to which a licence is subject may be varied or revoked under subsection (4) on or after the referral day.\n\n##### 50. Section 35 amended\n\nAfter section 35(5) insert:\n\n(6) Where —\n\n(a) a licence has expired under section 30(1A); and\n\n(b) the Commissioner is reasonably satisfied, having regard to the period of time since the licence has expired, that the former licensee is unlikely to have, or to incur, an undischarged liability in respect of moneys which came to his hands before the referral day,\n\nthe Commissioner may release a bond or guarantee lodged by the former licensee under subsection (1) and may return to the former licensee any document associated with the bond or guarantee.\n\n##### 51. Sections 36, 37 and 38 deleted\n\nDelete sections 36, 37 and 38.\n\n##### 52. Section 40A amended\n\nBefore section 40A(1) insert:\n\n(1A) On and after the referral day, subsections (2) and (3) have no effect.\n\n##### 53. Section 41 amended\n\nBefore section 41(1) insert:\n\n(1A) On and after the referral day, subsections (1) and (2) have no effect.\n\n##### 54. Section 42 amended\n\n(1) At the beginning of section 42 insert:\n\n(1) On and after the referral day, subsection (2) has no effect.\n\n(2) In section 42 delete “A licensee shall exhibit,” and insert:\n\n(2) A licensee shall exhibit,\n\n##### 55. Section 43 amended\n\nBefore section 43(1) insert:\n\n(1A) On and after the referral day, subsection (1) has no effect.\n\n##### 56. Section 44 amended\n\nBefore section 44(1) insert:\n\n(1A) On and after the referral day, subsections (5) and (6) have no effect.\n\n##### 57. Section 45 amended\n\nBefore section 45(1) insert:\n\n(1A) On and after the referral day, subsections (1), (2) and (3) have no effect.\n\n##### 58. Section 46 amended\n\nIn section 46 after “Where” insert:\n\nbefore the referral day\n\n##### 59. Section 48 amended\n\nBefore section 48(1) insert:\n\n(1A) On and after the referral day, subsections (1), (2), (3) and (4) have no effect.\n\n##### 60. Section 49 amended\n\nBefore section 49(1) insert:\n\n(1A) On and after the referral day, subsections (1), (2), (3), (4), (5) and (6) have no effect.\n\n##### 61. Section 50 amended\n\nBefore section 50(1) insert:\n\n(1A) On and after the referral day, subsections (1), (2), (3), (4), (5), (6), (7), (8) and (9) have no effect.\n\n##### 62. Section 53 amended\n\nIn section 53(1) after “to be made” insert:\n\nunder this Division\n\n##### 63. Section 54 amended\n\nIn section 54 after “separate audits” insert:\n\nunder this Division\n\n##### 64. Section 60 amended\n\n(1) In section 60(1) after “his trust accounts” insert:\n\nunder this Division\n\n(2) In section 60(4) after “are being audited” insert:\n\nunder this Division\n\n##### 65. Section 61 amended\n\nIn section 61 after “a finance broker’s trust accounts” insert:\n\nunder this Division\n\n##### 66. Section 66 amended\n\nIn section 66 after “has in any year” insert:\n\nfor which an audit of trust accounts under this Division would otherwise be required\n\n##### 67. Section 68 amended\n\nIn section 68 after “trust accounts of a finance broker” insert:\n\nmaintained in compliance with section 48\n\n##### 68. Section 69 amended\n\nIn section 69:\n\n(a) in paragraph (a) after “nominated by the Commissioner” insert:\n\nunder section 68\n\n(b) after “his trust accounts” insert:\n\nmaintained in compliance with section 48\n\n(c) delete “of the licensee”.\n\n##### 69. Section 72 amended\n\n(1) In section 72(1)(a) delete “the trust account of” and insert:\n\na trust account maintained in compliance with section 48 by\n\n(2) In section 72(1)(b)(i) delete “the trust account of” and insert:\n\na trust account maintained in compliance with section 48 by\n\n(3) In section 72(1)(b)(ii) delete “the trust account” and insert:\n\na trust account\n\n##### 70. Sections 73 to 80 deleted\n\nDelete sections 73, 74, 75, 76, 77, 78, 79 and 80.\n\n##### 71. Section 82 amended\n\n(1) In section 82(a) delete “is” and insert:\n\nwas immediately before the referral day\n\n(2) In section 82(b) delete “occurred but who is no longer a licensed finance broker.” and insert:\n\noccurred.\n\n##### 72. Section 82A deleted\n\nDelete section 82A.\n\n##### 73. Section 83 amended\n\n(1) In section 83(1):\n\n(a) delete “one or more” and insert:\n\nboth\n\n(b) in paragraph (b) delete “him; and” and insert:\n\nhim.\n\n(c) delete paragraph (c);\n\n(d) after paragraph (a) insert:\n\nand\n\n(2) In section 83(2):\n\n(a) delete “if —” and insert:\n\nif, before the referral day —\n\n(b) in paragraph (b) delete “has,”;\n\n(c) in paragraph (b) delete “constitutes” and insert:\n\nconstituted\n\n(d) in paragraph (c) delete “is acting or has”.\n\n(3) Delete section 83(3).\n\n##### 74. Section 84 deleted\n\nDelete section 84.\n\n##### 75. Section 85 amended\n\n(1) Delete section 85(1) and (2).\n\n(2) In section 85(3):\n\n(a) delete “is or is not, or”;\n\n(b) delete “the date of or a date referred to,” and insert:\n\nthe date referred to\n\n(c) delete “certificate, or as to any other matter contained in a register,” and insert:\n\ncertificate\n\n(3) Delete section 85(4).\n\n##### 76. Section 92B deleted\n\nDelete section 92B.\n\n##### 77. Section 95 amended\n\nAfter section 95(2)(d) insert:\n\n(ea) provide for the refund, on the expiry of a licence under section 30(1A), of the whole or part of a fee paid on the grant or most recent renewal of the licence;\n\n### Division 2 — Consequential provisions\n\n##### 78. *Housing Societies Act 1976* amended\n\n(1) This section amends the *Housing Societies Act 1976*.\n\n(2) In section 78(3) delete “a person who is a licensed finance broker under the *Finance Brokers Control Act 1975*” and insert:\n\na person who holds an Australian credit licence issued under the *National Consumer Credit Protection Act 2009* (Commonwealth)\n\n##### 79. *Settlement Agents Act 1981* amended\n\n(1) This section amends the *Settlement Agents Act 1981*.\n\n(2) In Schedule 1 clause 6 delete “of another State or a Territory of the Commonwealth” and insert:\n\nof another State, of a Territory or of the Commonwealth\n\n## Part 5 — *Finance Brokers Control Act 1975* repealed\n\n### Division 1 — Repeal\n\n##### 80. *Finance Brokers Control Act 1975* repealed\n\nThe *Finance Brokers Control Act 1975* is repealed.\n\n### Division 2 — Transitional Provisions\n\n[**81.** Will not come into operation 1.]\n\n##### 82. *State Administrative Tribunal Act 2004* amended\n\n(1) This section amends the *State Administrative Tribunal Act 2004*.\n\n(2) In Schedule 1 delete “*Finance Brokers Control Act 1975*”.\n\n![]()\n\nNotes\n\nThis is a compilation of the *Credit (Commonwealth Powers) (Transitional and Consequential Provisions) Act 2010*. For provisions that have come into operation see the compilation table.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Credit (Commonwealth Powers) (Transitional and Consequential Provisions) Act 2010* (other than s. 81) 1 | 14 of 2010 | 25 Jun 2010 | s. 1 and 2: 25 Jun 2010 (see s. 2(a));   s. 3 and Pt. 2-4: 1 Jul 2010 (see s. 2(b) and *Gazette* 30 Jun 2010 p. 3185);   Pt. 5 (other than s. 81): 6 Mar 2026 (see s. 2(b) and SL 2026/18 cl. 2) |\n\n\nOther notes\n\n1 The *Credit (Commonwealth Powers) (Transitional and Consequential Provisions) Act 2010* s. 81 will not come into operation as the Act it purported to amend was repealed by the *Statutes (Repeals and Minor Amendments) Act 2025* s. 3(d).\n\n© State of Western Australia 2026.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2026.\n\nBy Authority: ROGER JACOBS, Acting Government Printer\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"Scope cannot be meaningfully assessed as the actual legislative text is unavailable. The page has been removed from the Western Australian legislation website and no substantive content was retrievable for analysis."},"complexity_factors":["Transitional legislation is inherently complex, managing the legal 'handover' between two regulatory regimes","Involves constitutional referral of powers between state and Commonwealth governments — a sophisticated area of Australian constitutional law","Consequential amendments typically affect multiple other Acts simultaneously, creating cross-referencing complexity","Interacts with both state and federal legislative frameworks","Requires understanding of the predecessor state credit regime AND the incoming national regime to interpret properly","Cannot be fully assessed — source document is unavailable, preventing complete analysis"],"plain_english_summary":"**What this page is about:**\n\nThe source provided does not contain the actual text of the *Credit (Commonwealth Powers) (Transitional and Consequential Provisions) Act 2010* (Western Australia). The page has been removed from the Western Australian legislation website and only displays an error/redirect notice.\n\n**What we do know from the title:**\n\nBased on the Act's name alone, this Western Australian law was almost certainly part of a national scheme where Australian states and territories referred (handed over) their powers over consumer credit law to the Commonwealth (federal) government. This enabled the Commonwealth to introduce the *National Consumer Credit Protection Act 2009*, creating a single, uniform national credit regulatory system — replacing the patchwork of separate state-based credit laws.\n\n**Who would be affected:**\n- Consumers who borrow money (home loans, personal loans, credit cards)\n- Credit providers (banks, lenders, finance companies)\n- Credit intermediaries (mortgage brokers)\n- Regulators (ASIC took over from state-based regulators)\n\n**Why it mattered:**\nThis transitional law would have managed the switchover — dealing with existing licences, contracts, and legal proceedings that were mid-stream when the new national system kicked in, and making consequential amendments to other WA laws affected by the change.\n\n⚠️ *Note: A full analysis cannot be completed because the actual legislative text is unavailable. The above is based on the Act's title and known historical context only.*"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act’s core scope — referring state credit regulation to the Commonwealth and enabling ASIC to assume functions — remains. However, its practical footprint was reduced because section 81 (which would have commenced Part 5 amendments) will not come into operation as the Act it targeted was repealed by the Statutes (Repeals and Minor Amendments) Act 2025 (see compilation/other notes). The result: most transfer and transitional measures operate, but one planned amendment never commences, narrowing the Act’s original consequential effects."},"complexity_factors":["Cross‑jurisdictional transfer of regulatory power to the Commonwealth and ASIC (mechanical repeal of the Consumer Credit (WA) Act 1996 (s4) and Finance Brokers Control Act 1975 (s80); interaction with National Consumer Credit Protection Act 2009).","Widespread consequential amendments and deletions across many statutes, creating interlocking changes (Parts 2–5 amend Bills of Sale, Hire‑Purchase, Road Traffic, Supreme Court, Transport Co‑ordination, Housing Societies, Settlement Agents, etc.; see ss8, 11–14, 78–79).","Detailed transitional arrangements for pending proceedings and delegation of conduct to ASIC (pending proceedings to continue under old Act (s5); CEO/Commissioner may arrange with ASIC to exercise functions (s6, s44AA, s9A)).","Licensing wind‑down mechanics: prohibition on new applications, freeze of pending applications, compulsory expiry/non‑renewal of licences on the referral day and rules for refunding fees (definition of pending application and referral day (s16); no new applications (ss18, 24); licences expire/are not renewed (ss30(1A), 46); refund provision inserted (s77 amending s95)).","Information‑sharing provisions permitting disclosure of WA records to ASIC for Commonwealth administration/enforcement (s7, s44AB, s9B) — a compliance and privacy‑management task for WA agencies.","Temporal and conditional complexity from many provisions that change effect “on and after the referral day” (numerous (1A) insertions across Parts 3–4), producing staggered obligations and legal‑status traps for operators and regulators.","Financial administration changes moving the Consumer Credit Fund to a Consumer Credit Account under the Financial Management Act and altering payment/reporting rules (ss32–35).","Extensive deletions of supervisory and audit provisions in the finance‑broker regime (many sections deleted or amended, e.g. ss51, 70, 72–80 deletions/changes), complicating legacy compliance and record‑keeping expectations.","Practical non‑commencement of a provision that narrows scope: s81 will not come into operation because the Act it sought to amend was repealed (compilation/other notes).","Potential interpretation challenges from multiple cross‑references to both pre‑ and post‑referral‑day rules (e.g. mapping state Code provisions to National Credit Code equivalents at s9(3))."],"plain_english_summary":"This Act hands Western Australia’s consumer‑credit and finance‑broker regulatory powers to the Commonwealth framework: it repeals the state Consumer Credit and Finance Brokers Acts, amends many related WA statutes, and establishes transitional rules so existing proceedings, licences, fees and records are managed while ASIC takes over enforcement. It matters to credit providers, licence‑holders, courts and the WA agencies that must share information, refund fees or arrange for ASIC to perform functions during the handover."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: facilitating the referral of consumer credit powers from WA to the Commonwealth. While it amends many Acts, these are purely consequential amendments to enable the transition. The scope has not expanded beyond the transitional and consequential provisions necessary for the handover."},"complexity_factors":["Extensive cross-referencing to federal legislation (*National Consumer Credit Protection Act 2009*) and multiple other WA Acts (8+ amended)","Time-based conditional logic throughout ('referral day', 'before the referral day', 'on and after the referral day') creating multiple regulatory regimes depending on when actions occurred","Nested transitional provisions for pending court proceedings, pending licence applications, and existing licences with different expiry/renewal rules","Dual-purpose structure: immediate amendments to keep some functions alive temporarily, plus delayed repeal of Finance Brokers Control Act until 2026","Information sharing mechanisms between state CEO/Commissioner and federal ASIC requiring careful delineation of powers","Conversion of financial structures (Fund to Account) with references to different financial management Acts"],"plain_english_summary":"This Western Australian law is a 'clean-up' Act that shuts down the state's old consumer credit and finance broker licensing systems, handing control over to the federal government (specifically ASIC - the Australian Securities and Investments Commission).\n\n**What it does:**\n- **Repeals two major WA Acts**: The *Consumer Credit (Western Australia) Act 1996* and the *Finance Brokers Control Act 1975* are abolished. These Acts used to regulate credit providers and finance brokers in WA.\n- **Transitions to federal law**: This is part of a national scheme where states referred their consumer credit powers to the Commonwealth. The federal *National Consumer Credit Protection Act 2009* now takes over, with ASIC as the national regulator.\n- **Deals with unfinished business**: It sets rules for court cases and tribunal proceedings that were already underway under the old WA laws when the switch happened.\n- **Amends related laws**: It updates references in about a dozen other WA laws (like the *Bills of Sale Act*, *Hire-Purchase Act*, and *Road Traffic Act*) to replace mentions of the old 'Consumer Credit (Western Australia) Code' with the new federal 'National Credit Code'.\n- **Winds down licensing**: It stops new applications for credit provider and finance broker licences in WA, lets existing licences expire, and allows information sharing between WA officials and ASIC to ensure a smooth handover.\n- **Converts a 'Fund' to an 'Account'**: It changes the old 'Consumer Credit Fund' to a 'Consumer Credit Account' under modern financial management laws, with money used for consumer protection research and education.\n\n**Who it affects:**\n- WA consumers who have credit contracts (now protected under federal law instead of state law)\n- Credit providers and finance brokers who used to be licensed by WA (now regulated by ASIC)\n- Lawyers and courts handling old credit disputes\n- WA government departments handing over records to ASIC\n\n**Why it matters:**\nThis is the legal machinery that made the 'National Credit Code' actually work in Western Australia. Without this Act, there would have been a regulatory gap or overlap between state and federal systems. It ensures continuity for existing cases while completing the transfer of consumer credit regulation to the national level."},"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"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/credit-commonwealth-powers-transitional-and-consequential-provisions-act-2010","history":"/api/acts/credit-commonwealth-powers-transitional-and-consequential-provisions-act-2010/history","analysis":"/api/acts/credit-commonwealth-powers-transitional-and-consequential-provisions-act-2010/analysis","conflicts":"/api/acts/credit-commonwealth-powers-transitional-and-consequential-provisions-act-2010/conflicts","importantCases":"/api/acts/credit-commonwealth-powers-transitional-and-consequential-provisions-act-2010/important-cases","documents":"/api/acts/credit-commonwealth-powers-transitional-and-consequential-provisions-act-2010/documents"}}