Sch 5Closure of the Consumer Credit Fund

Schedule 5—Closure of the Consumer Credit Fund 1 Definition In this Schedule— ***Consumer Credit Fund*** means the fund established under section 86AA of the **Credit (Administration) Act 1984**; ***liabilities*** means all liabilities, duties and obligations, whether actual, contingent or prospective; ***rights*** means all rights, powers, privileges and immunities, whether actual, contingent or prospective; ***Victorian Consumer Law Fund*** means the fund referred to in section 134(1). Sch. 5 cl. 2 repealed by No. 21/2015 s. 3(Sch. 1 item 7). 3 Transitional provisions On the commencement of clause 2— (a) the Consumer Credit Fund is closed and the members of its Advisory Committee established under section 86AC of the **Credit (Administration) Act 1984** go out of office as members; (b) all money standing to the credit of the Consumer Credit Fund immediately before that commencement forms part of the Victorian Consumer Law Fund; (c) all rights and liabilities of the Consumer Credit Fund immediately before that commencement become rights and liabilities of the Victorian Consumer Law Fund; (d) a reference to the Consumer Credit Fund in any Act, subordinate instrument, agreement or other document to the extent that it relates to any matter on or after that commencement is taken to be a reference to the Victorian Consumer Law Fund, unless the contrary intention appears. 4 Payments into Victorian Consumer Law Fund (1) Money that a credit provider has agreed or undertaken to pay to a fund with objects similar to those of the Consumer Credit Fund must be paid into the Victorian Consumer Law Fund. (2) In this clause— ***credit provider*** has the same meaning as in the National Credit Code in Schedule 1 to the National Consumer Credit Protection Act 2009 of the Commonwealth. Sch. 5 cls 5, 6 repealed by No. 21/2015 s. 3(Sch. 1 item 7). Sch. 6 amended by No. 16/2014 s. 8, repealed by No. 50/2014 s. 25. Sch. 7 repealed by No. 50/2014 s. 25. ═══════════════ Endnotes 1 General information See [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information. *Minister's second reading speech—* *Legislative Assembly: 8 December 2011* *Legislative Council: 17 April 2012* The long title for the Bill for this Act was "A Bill for an Act to re-enact with amendments laws relating to fair trading and consumer protection, to regulate certain businesses, to repeal the **Fair Trading Act 1999**, the **Disposal of Uncollected Goods Act 1961**, the **Carriers and Innkeepers Act 1958** and the **Landlord and Tenant Act 1958**, to make related and consequential amendments to other Acts and for other purposes." **Constitution Act 1975:** *Section 85(5) statement:* *Legislative Assembly: 8 December 2011* *Legislative Council: 17 April 2012* *Absolute majorities:* *Legislative Assembly: 15 March 2012* *Legislative Council: 1 May 2012* The **Australian Consumer Law and Fair Trading Act 2012** was assented to on 8 May 2012 and came into operation as follows: Sections 1, 2, 239 and Schedule 6 item 9 on 5 June 2012: Special Gazette (No. 172) 29 May 2012 page 1; sections 3–53, 78–99, 107–233, 237, 238, Schedule 1, Schedule 2, Schedule 4 clauses 1–5, 7, Schedule 5 and Schedule 6 items 1–8, 10–35, 36.1, 36.4, 37–47 on 1 July 2012: Special Gazette (No. 214) 28 June 2012 page 1; sections 54–77, 100–106, 234–236, Schedule 3, Schedule 4 clauses 6, 8, 9 and Schedule 6 items 36.2, 36.3, 36.5 on 1 September 2012: Special Gazette (No. 291) 28 August 2012 page 1; section 240 and Schedule 7 on 26 November 2012: Special Gazette (No. 384) 20 November 2012 page 1. INTERPRETATION OF LEGISLATION ACT 1984 (ILA) Style changes Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act. References to ILA s. 39B Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause. Interpretation As from 1 January 2001, amendments to section 36 of the ILA have the following effects: • Headings All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A). • Examples, diagrams or notes All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A). • Punctuation All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B). • Provision numbers All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C). • Location of "legislative items" A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B. • Other material Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. See section 36(3)(3D)(3E). 2 Table of Amendments This publication incorporates amendments made to the **Australian Consumer Law and Fair Trading Act 2012** by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– **Australian Consumer Law and Fair Trading Act 2012, No. 21/2012** | Assent Date: | 8.5.12 | | Commencement Date: | S. 240(Sch. 7 item 3) on 26.11.12: Special Gazette (No. 384) 20.11.12 p. 1 | | Current State: | This information relates only to the provision/s amending the **Australian Consumer Law and Fair Trading Act 2012** | **Fire Services Levy Monitor Act 2012, No. 81/2012** | Assent Date: | 18.12.12 | | Commencement Date: | Ss 112, 116 on 19.12.12: s. 2(1) | | Current State: | This information relates only to the provision/s amending the **Australian Consumer Law and Fair Trading Act 2012** | **Co-operatives National Law Application Act 2013, No. 9/2013** | Assent Date: | 13.3.13 | | Commencement Date: | S. 42(Sch. 2 item 3) on 3.3.14: Special Gazette (No. 46) 18.2.14 p. 1 | | Current State: | This information relates only to the provision/s amending the **Australian Consumer Law and Fair Trading Act 2012** | **Consumer Affairs Legislation Amendment Act 2013, No. 57/2013** | Assent Date: | 22.10.13 | | Commencement Date: | Ss 6, 7 on 23.10.13: s. 2(3) | | Current State: | This information relates only to the provision/s amending the **Australian Consumer Law and Fair Trading Act 2012** | **Travel Agents Repeal Act 2014, No. 16/2014** | Assent Date: | 18.3.14 | | Commencement Date: | Ss 5–8 on 1.7.14: Special Gazette (No. 170) 3.6.14 p. 1 | | Current State: | This information relates only to the provision/s amending the **Australian Consumer Law and Fair Trading Act 2012** | **Legal Profession Uniform Law Application Act 2014, No. 17/2014** | Assent Date: | 25.3.14 | | Commencement Date: | S. 160(Sch. 2 item 8) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 | | Current State: | This information relates only to the provision/s amending the **Australian Consumer Law and Fair Trading Act 2012** | **Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014** | Assent Date: | 3.6.14 | | Commencement Date: | S. 10(Sch. item 6) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 | | Current State: | This information relates only to the provision/s amending the **Australian Consumer Law and Fair Trading Act 2012** | **Fines Reform Act 2014, No. 47/2014** | *Assent Date:* | 1.7.14 | | *Commencement Date:* | S. 249 on 31.12.17: Special Gazette (No. 443) 19.12.17 p. 1 | | *Current State:* | This information relates only to the provision/s amending the **Australian Consumer Law and Fair Trading Act 2012** | **Consumer Affairs Legislation Amendment Act 2014, No. 50/2014** | Assent Date: | 12.8.14 | | Commencement Date: | Ss 9, 11, 13–20, 22–25 on 13.8.14: s. 2(1); ss 10, 12, 21 on 3.11.14: Special Gazette (No. 304) 9.9.14 p. 1 | | Current State: | This information relates only to the provision/s amending the **Australian Consumer Law and Fair Trading Act 2012** | **Veterans and Other Acts Amendment Act 2015, No. 12/2015** | Assent Date: | 21.4.15 | | Commencement Date: | Ss 8, 9 on 22.4.15: s. 2(1) | | Current State: | This information relates only to the provision/s amending the **Australian Consumer Law and Fair Trading Act 2012** | **Statute Law Revision Act 2015, No. 21/2015** | Assent Date: | 16.6.15 | | Commencement Date: | S. 3(Sch. 1 item 7) on 1.8.15: s. 2(1) | | Current State: | This information relates only to the provision/s amending the **Australian Consumer Law and Fair Trading Act 2012** | **Consumer Acts and Other Acts Amendment Act 2016, No. 23/2016** | Assent Date: | 10.5.16 | | Commencement Date: | Ss 3–22 on 1.6.16: Special Gazette (No. 162) 24.5.16 p. 1 | | Current State: | This information relates only to the provision/s amending the **Australian Consumer Law and Fair Trading Act 2012** | **Rooming House Operators Act 2016, No. 26/2016** | Assent Date: | 10.5.16 | | Commencement Date: | S. 84 on 26.4.17: Special Gazette (No. 57) 7.3.17: p. 1 | | Current State: | This information relates only to the provision/s amending the **Australian Consumer Law and Fair Trading Act 2012** | **Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017, No. 38/2017** | Assent Date: | 29.8.17 | | Commencement Date: | S. 75 on 30.8.17: s. 2(1) | | Current State: | This information relates only to the provision/s amending the **Australian Consumer Law and Fair Trading Act 2012** | **Oaths and Affirmations Act 2018, No. 6/2018** | Assent Date: | 27.2.18 | | Commencement Date: | S. 68(Sch. 2 item 10) on 1.3.19: s. 2(2) | | Current State: | This information relates only to the provision/s amending the **Australian Consumer Law and Fair Trading Act 2012** | **Justice Legislation Amendment (Access to Justice) Act 2018, No. 15/2018** | Assent Date: | 29.5.18 | | Commencement Date: | S. 3 on 7.12.18: Special Gazette (No. 497) 23.10.18 p. 1 | | Current State: | This information relates only to the provision/s amending the **Australian Consumer Law and Fair Trading Act 2012** | **Residential Tenancies Amendment Act 2018, No. 45/2018** (as amended by Nos 11/2020, 25/2020) | Assent Date: | 18.9.18 | | Commencement Date: | S. 369 on 29.3.21: Special Gazette (No. 42) 27.1.21 p. 1 | | Current State: | This information relates only to the provision/s amending the **Australian Consumer Law and Fair Trading Act 2012** | **Guardianship and Administration Act 2019, No. 13/2019** | Assent Date: | 4.6.19 | | Commencement Date: | S. 221(Sch. 1 item 4) on 1.3.20: s. 2(2) | | Current State: | This information relates only to the provision/s amending the **Australian Consumer Law and Fair Trading Act 2012** | **Professional Engineers Registration Act 2019, No. 26/2019** | Assent Date: | 3.9.19 | | Commencement Date: | Ss 135–137 on 1.7.21: s. 2(2) | | Current State: | This information relates only to the provision/s amending the **Australian Consumer Law and Fair Trading Act 2012** | **Consumer Legislation Amendment Act 2019, No. 47/2019** | Assent Date: | 3.12.19 | | Commencement Date: | Ss 3–5 on 18.12.19: Special Gazette (No. 537) 17.12.19 p. 1 | | Current State: | This information relates only to the provision/s amending the **Australian Consumer Law and Fair Trading Act 2012** | **Transport Legislation Amendment Act 2019, No. 49/2019** | Assent Date: | 3.12.19 | | Commencement Date: | S. 186(Sch. 4 item 3) on 1.1.20: Special Gazette (No. 514) 10.12.19 p. 1 | | Current State: | This information relates only to the provision/s amending the **Australian Consumer Law and Fair Trading Act 2012** | **Consumer and Other Acts Miscellaneous Amendments Act 2021, No. 1/2021** | Assent Date: | 9.2.21 | | Commencement Date: | Ss 6, 7 on 10.3.21: Special Gazette (No. 110) 10.3.21 p. 1 | | Current State: | This information relates only to the provision/s amending the **Australian Consumer Law and Fair Trading Act 2012** | **Sex Work Decriminalisation Act 2022, No. 7/2022** | Assent Date: | 1.3.22 | | Commencement Date: | Ss 52–55 on 1.12.23: s. 2(3) | | Current State: | This information relates only to the provision/s amending the **Australian Consumer Law and Fair Trading Act 2012** | **Private Security and County Court Amendment Act 2024, No. 12/2024** | Assent Date: | 9.4.24 | | Commencement Date: | S. 60 on 19.6.25: s. 2(3) | | Current State: | This information relates only to the provision/s amending the **Australian Consumer Law and Fair Trading Act 2012** | **Statute Law Repeals Act 2025, No. 3/2025** | Assent Date: | 11.2.25 | | Commencement Date: | S. 3(Sch. 1 item 1) on 12.2.25: s. 2 | | Current State: | This information relates only to the provision/s amending the **Australian Consumer Law and Fair Trading Act 2012** | **Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025, No. 6/2025** | Assent Date: | 18.3.25 | | Commencement Date: | S. 83 on 25.11.25: s. 2(2) | | Current State: | This information relates only to the provision/s amending the **Australian Consumer Law and Fair Trading Act 2012** | **Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025, No. 25/2025** | Assent Date: | 5.8.25 | | Commencement Date: | S. 106(Sch. 1 item 3) on 6.8.25: s. 2(1) | | Current State: | This information relates only to the provision/s amending the **Australian Consumer Law and Fair Trading Act 2012** | **Statute Law Revision Act 2025, No. 41/2025** | Assent Date: | 21.10.25 | | Commencement Date: | S. 3(Sch. 1 item 5) on 22.10.25: s. 2 | | Current State: | This information relates only to the provision/s amending the **Australian Consumer Law and Fair Trading Act 2012** | **Consumer Legislation Amendment Act 2025, No. 46/2025** | Assent Date: | 25.11.25 | | Commencement Date: | Ss 23–25 on 10.3.26: Special Gazette (No. 743) 23.12.25 p. 1 | | Current State: | This information relates only to the provision/s amending the **Australian Consumer Law and Fair Trading Act 2012** | ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 3 Explanatory details 1. Sch. 4 cl. 7(2): Section 5 of the **Personal Property Securities (Statute Law Revision and Implementation) Act 2010** commenced on 30 January 2012. [↑](#endnote-ref-1)