NORTHERN TERRITORY OF AUSTRALIA
CONSUMER CREDIT (NATIONAL UNIFORM LEGISLATION)
IMPLEMENTATION ACT 2010
As in force at 1 April 2010
Table of provisions
Part 1 Preliminary matters
1 Short title ......................................................................................... 1
2 Commencement .............................................................................. 1
Part 2 Amendment of Consumer Affairs and Fair
Trading Act 1990
3 Act amended ................................................................................... 1
4 Repeal of sections 83 to 86 and Part 12 .......................................... 1
Part 3 Repeal of Consumer Credit (Northern
Territory) Act 1995
5 Repeal of Consumer Credit (Northern Territory) Act ....................... 1
Part 4 Amendment of Instruments Act 1935
6 Act amended ................................................................................... 2
7 Amendment of section 3A (Application of Act)................................. 2
Part 5 Amendment of Traffic Act 1987
8 Act amended ................................................................................... 2
9 Amendment of section 29AB (Definitions) ....................................... 2
10 Amendment of section 29AO (Rights of credit provider) .................. 2
Part 6 Transitional provisions for National Credit
legislation
11 Definitions ........................................................................................ 3
12 Court proceedings ........................................................................... 3
13 Construction of references to former consumer credit
legislation......................................................................................... 3
14 Provision of information and assistance to ASIC ............................. 4
15 ASIC has certain functions and powers ........................................... 4
16 Regulations...................................................................................... 4
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 1 April 2010
CONSUMER CREDIT (NATIONAL UNIFORM LEGISLATION)
IMPLEMENTATION ACT 2010
An Act to provide for the implementation of national consumer credit
legislation
Part 1 Preliminary matters
1 Short title
This Act may be cited as the Consumer Credit (National Uniform
Legislation) Implementation Act 2010.
2 Commencement
This Act commences on the day the National Consumer Credit
Protection Act 2009 (Cth) commences.
Part 2 Amendment of Consumer Affairs and Fair
Trading Act 1990
3 Act amended
This Part amends the Consumer Affairs and Fair Trading Act 1990.
4 Repeal of sections 83 to 86 and Part 12
Sections 83 to 86 and Part 12
repeal
Part 3 Repeal of Consumer Credit (Northern Territory)
Act 1995
5 Repeal of Consumer Credit (Northern Territory) Act
The Consumer Credit (Northern Territory) Act 1995 (Act No. 38 of
1995) is repealed.
Part 5 Amendment of Traffic Act 1987
Consumer Credit (National Uniform Legislation) Implementation Act 2010 2
Part 4 Amendment of Instruments Act 1935
6 Act amended
This Part amends the Instruments Act 1935.
7 Amendment of section 3A (Application of Act)
(1) Section 3A(2)
omit
Consumer Credit (Northern Territory) Code
substitute
Consumer Credit Code
(2) After section 3A(2)
insert
(3) In this section:
Consumer Credit Code means Schedule 1 to the National
Consumer Credit Protection Act 2009 (Cth).
Part 5 Amendment of Traffic Act 1987
8 Act amended
This Part amends the Traffic Act 1987.
9 Amendment of section 29AB (Definitions)
Section 29AB, definition Consumer Credit (Northern Territory)
Code
omit, substitute
Consumer Credit Code means Schedule 1 to the National
Consumer Credit Protection Act 2009 (Cth).
10 Amendment of section 29AO (Rights of credit provider)
Section 29AO
omit
Consumer Credit (Northern Territory) Code
Part 6 Transitional provisions for National Credit legislation
Consumer Credit (National Uniform Legislation) Implementation Act 2010 3
substitute
Consumer Credit Code
Part 6 Transitional provisions for National Credit
legislation
11 Definitions
In this Part:
Commissioner means the Commissioner of Consumer Affairs
appointed under section 6 of the Consumer Affairs and Fair Trading
Act 1990.
former consumer credit legislation means the Consumer Credit
(Northern Territory) Act as in force immediately before its repeal by
this Act.
National Credit legislation means:
(a) the National Consumer Credit Protection Act 2009 (Cth); and
(b) the National Consumer Credit Protection (Transitional and
Consequential Provisions) Act 2009 (Cth).
proceedings has the same meaning as in the National Consumer
Credit Protection (Transitional and Consequential Provisions)
Act 2009 (Cth).
12 Court proceedings
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 (Cth) cease
to be proceedings under a law of the Territory immediately after the
commencement of that item.
13 Construction of references to former consumer credit
legislation
In an Act (other than this Act) or other document:
(a) a reference to the former consumer credit protection
legislation is taken to be a reference to the National Credit
legislation; and
Part 6 Transitional provisions for National Credit legislation
Consumer Credit (National Uniform Legislation) Implementation Act 2010 4
(b) a reference to a provision of the former consumer credit
protection legislation is taken to be a reference to the
corresponding provision (if any) of the National Credit
legislation.
14 Provision of information and assistance to ASIC
(1) The Commissioner may, on his or her own initiative or at the
request of ASIC:
(a) provide ASIC with any document, or other information, in the
possession or control of the Commissioner that is reasonably
required by ASIC in connection with the performance of its
functions or exercise of its powers under the National Credit
legislation; and
(b) provide ASIC with any other assistance that is reasonably
required by ASIC in connection with the performance of its
functions or exercise of its powers under the National Credit
legislation.
(2) Subsection (1) has effect despite any other Act or law.
15 ASIC has certain functions and powers
(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 Territory, even if those functions or powers are or may
be conferred on another person or body under a law of the
Territory.
(2) An agreement or arrangement of a kind mentioned in subsection (1)
has effect despite any provision of a law of the Territory in respect
of a function or power that is the subject of the agreement or
arrangement.
16 Regulations
(1) The Administrator may make regulations containing provisions of a
savings or transitional nature consequent on:
(a) the enactment of this Act; or
(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.
(2) Without limiting subsection (1), a regulation made under this section
may continue the operation of a repealed provision.
Part 6 Transitional provisions for National Credit legislation
Consumer Credit (National Uniform Legislation) Implementation Act 2010 5
(3) A regulation made under this section may have retrospective
operation to a day not earlier than the commencement of this
section.
(4) However, to the extent to which a provision has retrospective
operation, the provision does not operate to the disadvantage of a
person (other than the Territory or a Territory authority) by:
(a) decreasing the person's rights; or
(b) imposing liabilities on the person.
(5) This section, and a regulation made under this section, expire
2 years after this section commences.
ENDNOTES
Consumer Credit (National Uniform Legislation) Implementation Act 2010 6
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Consumer Credit (National Uniform Legislation) Implementation Act 2010 (Act No. 14,
2010)
Assent date 20 May 2010
Commenced 1 April 2010 (s 2 and s 2 National Consumer Credit Protection
Act 2009 (Cth Act No. 134, 2009))
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22 of 2018) to: ss 3, 6, 8 and 11.