{"id":"wa:credit-commonwealth-powers-act-2010","name":"Credit (Commonwealth Powers) Act 2010","slug":"wa-credit-commonwealth-powers-act-2010","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":349670,"registerId":"wa-credit-commonwealth-powers-act-2010-current","compilationNumber":null,"startDate":"2026-04-09","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Credit (Commonwealth Powers) Act 2010","content":"![Crest]()Western Australia\n\nCredit (Commonwealth Powers) Act 2010\n\nWestern Australia\n\nCredit (Commonwealth Powers) Act 2010\n\nContents\n\n1. Short title 2\n\n2. Commencement 2\n\n3. Terms used 2\n\n4. Adoption of National Credit legislation 3\n\n5. Termination of the adoption 4\n\n6. Reference of matters 4\n\n7. Matters excluded from reference 5\n\n8. Termination of references 6\n\n9. Amendment of Commonwealth law 6\n\n10. Effect of termination of amendment reference before termination of adoption of Commonwealth Acts 7\n\nNotes\n\nCompilation table 9\n\nDefined terms\n\n  \n\nWestern Australia\n\nCredit (Commonwealth Powers) Act 2010\n\nAn Act to adopt the *National Consumer Credit Protection Act 2009* (Commonwealth) as amended and the *National Consumer Credit Protection (Transitional and Consequential Provisions) Act 2009* (Commonwealth), and 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.\n\nThe Parliament of Western Australia enacts as follows:\n\n##### 1. Short title\n\nThis is the *Credit (Commonwealth Powers) 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.\n\n##### 3. Terms used\n\nIn this Act, unless the contrary intention appears —\n\nadoption means the adoption under section 4(1);\n\namendment reference means the reference under section 6(1);\n\nCommonwealth Credit instrument means any instrument (whether or not of a legislative character) that is made or issued under the National Credit legislation;\n\nexpress 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\nNational Credit legislation means —\n\n(a) the *National Consumer Credit Protection Act 2009* (Commonwealth); and\n\n(b) the *National Consumer Credit Protection (Transitional and Consequential Provisions) Act 2009* (Commonwealth),\n\nas in force from time to time;\n\nreferred 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 relevant version of the 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 relevant version of the National Credit Code;\n\nrelevant version of the National Credit Code means the text of Schedule 1 to the *National Consumer Credit Protection Act 2009* (Commonwealth) as originally enacted, and as later amended by the *National Consumer Credit Protection* *Amendment Act 2010* (Commonwealth);\n\nrelevant version of the National Credit legislation means —\n\n(a) the *National Consumer Credit Protection Act 2009* (Commonwealth) as originally enacted, and as later amended by the *National Consumer Credit Protection Amendment Act 2010* (Commonwealth); and\n\n(b) the *National Consumer Credit Protection (Transitional and Consequential Provisions) Act 2009* (Commonwealth).\n\n##### 4. Adoption of National Credit legislation\n\n(1) The relevant version of the National Credit legislation is adopted within the meaning of section 51(xxxvii) of the Constitution of the Commonwealth.\n\n(2) The adoption 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 as the day on which the adoption is to terminate,\n\nbut no longer.\n\n##### 5. Termination of the adoption\n\n(1) The Governor may, at any time, by proclamation published in the *Gazette*, fix a day as the day on which the adoption is to terminate.\n\n(2) The Governor may, by proclamation published in the *Gazette*, revoke a proclamation published under subsection (1), in which case the revoked proclamation is taken (for the purposes of section 4) never to have been published.\n\n(3) A revoking proclamation has effect only if published before the day fixed under subsection (1).\n\n(4) The revocation of a proclamation published under subsection (1) does not prevent publication of a further proclamation under that subsection.\n\n##### 6. Reference of matters\n\n(1) Subject to section 7, any referred credit matter is referred to the Parliament of the Commonwealth, 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) 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 for the purposes of 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) Despite any other provision, the reference 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 8 as the day on which the reference is to terminate,\n\nbut no longer.\n\n##### 7. Matters excluded from reference\n\n(1) A matter referred by section 6(1) does not include —\n\n(a) the matter of making provision with respect to the imposition or payment of State taxes, duties, charges or other imposts, however described; or\n\n(b) the matter of making provision with respect to the general system for the recording of estates or interests in land and related information; or\n\n(c) the matter of providing for the priority of interests in real property; or\n\n(d) 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.\n\n(2) In this section —\n\nforfeiture means confiscation, seizure, extinguishment, cancellation, suspension or any other forfeiture;\n\nState law means —\n\n(a) any Act of the State or any instrument made under such an Act, whenever enacted or made and as in force from time to time;\n\n(b) the general law, being the principles and rules of common law and equity to the extent that they have effect in the State from time to time;\n\nState statutory right means a right, entitlement or authority that is granted by or under any Act of the State or any instrument made under such an Act, whenever enacted or made and as in force from time to time, other than a right, entitlement or authority that relates to —\n\n(a) credit covered by paragraph (a) of the definition of ***referred credit matter*** in section 3; or\n\n(b) a consumer lease covered by paragraph (b) of that definition.\n\n##### 8. 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 the amendment reference terminates.\n\n(2) The Governor may, by proclamation published in the *Gazette*, revoke a proclamation published under subsection (1), in which case the revoked proclamation is taken (for the purposes of section 6) never to have been published.\n\n(3) A revoking proclamation has effect only if published before the day fixed under subsection (1).\n\n(4) The revocation of a proclamation published under subsection (1) does not prevent publication of a further proclamation under that subsection.\n\n##### 9. Amendment of Commonwealth law\n\nFor 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 on account of a reference of any matters, or the adoption of the relevant version of the National Credit legislation, under section 51(xxxvii) of the Constitution of the Commonwealth; and\n\n(b) 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 a reference of any matters, or the adoption of the relevant version of the National Credit legislation, under section 51(xxxvii) of the Constitution of the Commonwealth; and\n\n(c) 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##### 10. Effect of termination of amendment reference before termination of adoption of Commonwealth Acts\n\n(1) If the amendment reference is terminated but the adoption of the relevant version of the National Credit legislation is not terminated, 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) that come into operation after that termination; or\n\n(ii) provisions referred to in section 9(b) or (c).\n\n(2) Accordingly, the amendment reference continues to have effect for the purposes of subsection (1) unless the adoption is terminated.\n\n(3) Subsection (1) 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) —\n\n(a) the laws referred to in subsection (1)(a) include Commonwealth Credit instruments; and\n\n(b) the reference in subsection (1)(b) 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.\n\nNotes\n\n1 This is a compilation of the *Credit (Commonwealth Powers) Act 2010*. The following table contains information about that Act 2.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Credit (Commonwealth Powers) Act 2010* | 13 of 2010 | 25 Jun 2010 | s. 1 and 2: 25 Jun 2010 (see s. 2(a));   Act other than s. 1 and 2: 1 Jul 2010 (see s. 2(b) and *Gazette* 30 Jun 2010 p. 3187) |\n\n\n2 The *Credit (Commonwealth Powers) (Transitional and Consequential Provisions) Act 2010* Pt. 2 Div. 2 reads as follows:\n\nDivision 2 — Transitional Provisions\n\n5. 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\n6. 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\n7. 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\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nadoption 3\n\namendment reference 3\n\nCommonwealth Credit instrument 3\n\nexpress amendment 3\n\nforfeiture 7(2)\n\nNational Credit legislation 3\n\nreferred credit matter 3\n\nrelevant version of the National Credit Code 3\n\nrelevant version of the National Credit legislation 3\n\nState law 7(2)\n\nState statutory right 7(2)\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act’s scope matches its operative design: it adopts a specified 'relevant version' of the National Credit legislation (s 4), refers credit/consumer‑lease matters for Commonwealth amendment (s 6) and sets explicit exclusions (s 7) plus termination mechanics (ss 5, 8). Nothing in the text indicates a change from that stated purpose; the Act limits scope by the definitions and exclusions it contains and by time‑limited adoption/reference mechanisms."},"complexity_factors":["Adoption and reference interplay: the Act both adopts Commonwealth National Credit legislation (s 4) and separately refers matters to the Commonwealth for express amendment (s 6), creating layered constitutional bases (s 51(xxxvii)).","Scope definitions: detailed defined terms in s 3 (eg. 'referred credit matter', 'relevant version') tie coverage to particular texts and amendments, increasing interpretive complexity.","Amendment and instrument effects: the Act contemplates express amendments, other Commonwealth Acts and Commonwealth Credit instruments affecting operation (s 9 and definition of 'express amendment' and 'Commonwealth Credit instrument'), requiring cross‑jurisdictional text tracking.","Continuing operation and transition: provisions preserving prior amendments, instruments and proceedings (s 10; compilation notes Div.2 ss 5–7) add transitional and retrospective complexity for ongoing matters.","Exclusions and limits: explicit carve‑outs for State taxes, land recording/priority and State statutory rights (s 7) create boundary issues between State and Commonwealth competences.","Termination mechanics: Governor may fix or revoke termination days by proclamation for both adoption and amendment reference (ss 5 and 8), with time‑of‑publication rules affecting legal effect.","Administrative arrangements: transitional power for the State CEO to arrange ASIC to conduct proceedings and share information (Compilation notes Pt Div.2 ss 5–7) introduces administrative coordination and potential delegation questions."],"plain_english_summary":"This Act adopts the Commonwealth’s National Consumer Credit Protection laws into Western Australian law and refers specified credit and consumer-lease matters to the Commonwealth Parliament for the purpose of making express amendments (ss 4, 6). It therefore shifts rule‑making and compliance for covered credit transactions to Commonwealth instruments while preserving certain State matters from that reference (s 7) and allowing the Governor to end the adoption or reference by proclamation (ss 5, 8). Lenders and lessors bear the compliance costs; Commonwealth authorities determine and enforce the rules."},"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"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the actual legislative text was not retrievable from the provided source. The page returned a system error indicating the URL is no longer active on the WA legislation website. No comparison between original intent and final form is possible."},"complexity_factors":["The document itself contains no legislative text — only an error/broken link page, making substantive analysis impossible","Referral-of-powers legislation can involve complex constitutional mechanics under s.51(xxxvii) of the Australian Constitution","The interaction between state referral Acts and Commonwealth legislation creates a layered regulatory framework that can be difficult to navigate","Scope and limitations of the referral (e.g. what was and was not referred) cannot be assessed without the actual text"],"plain_english_summary":"## Credit (Commonwealth Powers) Act 2010 — Western Australia\n\n**The page containing this legislation is no longer available.** The source document provided does not contain the actual text of the Credit (Commonwealth Powers) Act 2010 — instead, it shows a broken link/404-style error page from the Western Australian Parliament's website.\n\n**What we do know from the title alone:**\nThis Act is part of a national cooperative legislative scheme where Western Australia referred (handed over) certain powers relating to **consumer credit regulation** to the Commonwealth (federal) government. This enabled the creation of a uniform national consumer credit framework — the **National Consumer Credit Protection Act 2009** (Cth) — replacing the old state-based Uniform Consumer Credit Code.\n\n**Who it affects:** Anyone in WA who lends or borrows money under a consumer credit contract — including home loans, personal loans, and credit cards — as well as credit providers, brokers, and financial advisers.\n\n**Why it matters:** Without WA passing this referral Act, the Commonwealth would not have had constitutional power to regulate consumer credit in WA, leaving WA residents outside the national scheme.\n\n> ⚠️ **Important caveat:** This summary is based on the known purpose of similarly named Acts passed by other states and the ACT in the same period. The actual text of the WA Act could not be retrieved and may contain specific provisions, exclusions, or limitations not captured here."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: enabling the referral of consumer credit matters to the Commonwealth and adopting the National Credit legislation. The scope has not expanded beyond this constitutional mechanism and the specific subject matter of consumer credit and consumer leases."},"complexity_factors":["Constitutional mechanism: Relies on section 51(xxxvii) of the Constitution (the referral power), requiring understanding of federal-state power sharing","Nested temporal conditions: Multiple provisions dealing with commencement, termination, and revocation of proclamations with interdependent effective dates (sections 4, 5, 6, 8, 10)","Cross-referencing: Heavy reliance on defined terms (11 defined terms) that reference external Commonwealth legislation and specific versions of that legislation","Version control complexity: Distinguishes between 'relevant version' (original + 2010 amendments) and 'as in force from time to time' in different contexts","Conditional logic in section 7: Exclusions from referral with multiple sub-exceptions, particularly the definition of 'State statutory right' which excludes credit-related rights","Interaction effects: Section 10 creates a complex scenario where termination of the amendment reference does not terminate the adoption, with specific rules about what continues to apply"],"plain_english_summary":"This Western Australian law hands over control of consumer credit regulation to the Australian Government (the Commonwealth). \n\n**What it does:**\n- **Adopts** two Commonwealth laws—the *National Consumer Credit Protection Act 2009* and its companion transitional law—making them apply in Western Australia as if they were state laws.\n- **Refers power** to the Commonwealth Parliament under section 51(xxxvii) of the Constitution (the \"referral power\"), allowing the federal government to make future changes to these credit laws that will automatically apply in WA.\n\n**Who it affects:**\n- Anyone in WA who borrows money or takes out consumer leases (like car leases) for personal, domestic, or household purposes.\n- Lenders, banks, and finance companies operating in WA.\n- The Australian Securities and Investments Commission (ASIC), which now regulates credit in WA instead of state authorities.\n\n**Key features:**\n- **Sunset clauses:** Both the adoption and the referral can be terminated by the WA Governor (on the advice of the WA Government) via proclamation published in the *Gazette*.\n- **Carve-outs:** The referral excludes certain state matters—state taxes, land title recording systems, property priorities, and state statutory rights—so the Commonwealth can't mess with these.\n- **Continuity:** If WA stops referring new powers but keeps the adoption in place, existing federal credit laws continue to operate in WA, and the Commonwealth can still amend them using its other constitutional powers.\n\n**Why it matters:**\nThis creates a single national consumer credit regime across Australia. Before this, each state had its own credit code. Now, WA consumers have the same protections (and lenders face the same rules) as people in other states that have signed up to the national scheme. It simplifies lending across state borders but means WA has given up some legislative independence over consumer finance."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/wa-credit-commonwealth-powers-act-2010","history":"/api/acts/wa-credit-commonwealth-powers-act-2010/history","analysis":"/api/acts/wa-credit-commonwealth-powers-act-2010/analysis","conflicts":"/api/acts/wa-credit-commonwealth-powers-act-2010/conflicts","importantCases":"/api/acts/wa-credit-commonwealth-powers-act-2010/important-cases","documents":"/api/acts/wa-credit-commonwealth-powers-act-2010/documents"}}