provision, in relation to this Code or an Act, means words or other matter that form or forms part of this Code or the Act, and includes:
(a) a Chapter, Part, Division, Subdivision, section, subsection, paragraph, subparagraph, subsubparagraph or Schedule of or to this Code or the Act; or
(b) a section, clause, subclause, item, column, table or form of or in a Schedule to this Code or the Act; or
(c) the long title and any preamble to the Act.
purchaser means:
(a) in relation to goods—a person who purchases, or proposes to purchase, the goods; or
(b) in relation to services—a person who contracts, or proposes to contract, to obtain services.
reference rate means a benchmark, index or other reference rate.
referring State has the same meaning as in section 19 of the National Credit Act.
regulation means a regulation made or in force for the purposes of this Code.
repeal includes:
(a) revoke or rescind; or
(b) repeal by implication; or
(c) abrogate or limit the effect of this Code or instrument concerned; or
(d) exclude from, or include in, the application of this Code or instrument concerned any person, subject matter or circumstance.
residential property means:
(a) land on which a dwelling is or will be affixed predominantly for residential purposes; or
(b) a lease of land on which a dwelling is or will be affixed predominantly for residential purposes, being a lease that:
(i) is a Crown lease (within the meaning of the Income Tax Assessment Act 1997); and
(ii) gives the lessee reasonable security of tenure; or
(c) a licence in relation to land on which a dwelling is or will be affixed predominantly for residential purposes, being a licence that:
(i) is granted by the Commonwealth, a State or a Territory; and
(ii) gives the licensee reasonable security of tenure; or
(d) a share that:
(i) is in a company that is the legal owner of the land on which a dwelling is or will be affixed predominantly for residential purposes; and
(ii) gives the person who legally owns the share a right to occupy the dwelling; or
(e) a right to occupy a dwelling in an aged care facility or retirement village;
(f) an equity of redemption in relation to land on which a dwelling is or will be affixed predominantly for residential purposes.
retained credit fees and charges means credit fees and charges retained by the credit provider, other than credit fees and charges passed on to (or retained in reimbursement of an amount paid to):
(a) a third party that is not a related body corporate (for the purposes of the Corporations Act 2001) of the credit provider; or
(b) a financial institution that is such a related body corporate in respect of the provision of banking services that are provided to the credit provider by the financial institution on the same terms as those services are ordinarily provided to customers who are not related to or associated with the financial institution.
reverse mortgage: see section 13A.
reverse mortgaged property, in relation to a credit contract for a reverse mortgage, means a dwelling or land that has been mortgaged to secure a debtor’s obligations under the contract.
sale contract: see section 125.
services includes:
(a) rights in relation to, and interests in, real property; or
(b) insurance; or
(c) professional services; or
(d) a right to services;
but does not include the provision of credit or a right to credit or services provided under a consumer lease.
sign includes the affixing of a seal or the making of a mark.
Note: See section 186.
small amount credit contract has the same meaning as in section 5 of the National Credit Act.
statutory instrument means an instrument (including a regulation) made or in force under or for the purposes of this Code, and includes an instrument made or in force under any such instrument.
strata corporation means:
(a) a body corporate incorporated in relation to land subdivided wholly or mainly for residential purposes under a law of the Commonwealth, a State or a Territory providing for strata, cluster, precinct or other subdivision of land; or
(b) a body corporate whose issued shares confer a right to occupy land for residential purposes.
supplier means a supplier of goods or services.
supply includes agree to supply.
termination of a contract includes the discharge or rescission of the contract.
Territory:
(a) means the following:
(i) the Australian Capital Territory;
(ii) the Jervis Bay Territory;
(iii) the Northern Territory;
(iv) Norfolk Island;
(v) the Territory of Christmas Island;
(vi) the Territory of Cocos (Keeling) Islands; and
(b) when used in a geographical sense—includes the Territory’s coastal sea (if any).
this Code means this Schedule and includes regulations made for the purposes of this Schedule.
this jurisdiction has the same meaning as in section 21 of the National Credit Act.
tied consumer lease: see subsection 179S(2).
tied continuing credit contract: see subsection 127(2).
tied loan contract: see subsection 127(3).
unexpired monthly fee: see subsection 31C(2).
unjust includes unconscionable, harsh or oppressive.
unpaid balance: see section 27.
unpaid daily balance: see section 27.
word includes any symbol, figure or drawing.
writing includes any mode of representing or reproducing words in a visible form.
Note: See section 187.
(2) For the purposes of this Code, a person is associated with a credit provider if:
(a) the person and the credit provider are related bodies corporate for the purposes of the Corporations Act 2001; or
(b) the person is a supplier in respect of whom the credit provider is a linked credit provider; or
(c) the person is an officer, agent or employee of the credit provider, or of any such related body corporate or supplier, acting in that capacity.
(3) In working out the first amount of credit that is, or is to be, provided under a small amount credit contract for the purposes of the definition of adjusted credit amount in subsection (1), the following amounts are to be disregarded:
(a) if some or all of the amount of a fee or charge (the fee amount) payable in relation to the contract forms, or is to form, part of the first amount of credit that is, or is to be, provided under the contract—the fee amount;
(b) if subsection 39A(1) is contravened in relation to the contract—the prohibited credit amount;
(c) any other amount prescribed by the regulations.
Part 14—Miscellaneous provisions relating to interpretation
Division 1—Preliminary
205 Displacement of Part by contrary intention
The application of this Part may be displaced, wholly or partly, by a contrary intention appearing in this Code.
Division 2—General
207 References to particular Acts and to enactments
In this Code:
(a) an Act of the Commonwealth may be cited by its short title; and
(b) an Act of a State or Territory may be cited:
(i) by its short title; or
(ii) in another way sufficient in an Act of the State or Territory for the citation of such an Act;
together with a reference to the State or Territory.
208 Compliance with forms
(1) If a form is prescribed or approved by or for the purpose of this Code, strict compliance with the form is not necessary and substantial compliance is sufficient.
(2) If a form prescribed or approved by or for the purpose of this Code requires:
(a) the form to be completed in a specified way; or
(b) specified information or documents to be included in, attached to or given with the form; or
(c) the form, or information or documents included in, attached to or given with the form, to be verified in a specified way;
the form is not properly completed unless the requirement is complied with.
Division 3—Terms and references
209 Provisions relating to defined terms and gender and number
(1) If this Code defines a word or expression, other parts of speech and grammatical forms of the word or expression have corresponding meanings.
(2) Definitions in or applicable to this Code apply except so far as the context or subject matter otherwise indicates or requires.
(3) In this Code, words indicating a gender include each other gender.
(4) In this Code:
(a) words in the singular include the plural; and
(b) words in the plural include the singular.
210 Meaning of may and must etc.
(1) In this Code, the word may, or a similar word or expression, used in relation to a power indicates that the power may be exercised or not exercised, at discretion.
(2) In this Code, the word must, or a similar word or expression, used in relation to a power indicates that the power is required to be exercised.
(3) This section has effect despite any rule of construction to the contrary.
211 Effect of express references to bodies corporate and individuals
In this Code, a reference to a person generally (whether the expression “person”, “party”, “someone”, “anyone”, “no‑one”, “one”, “another” or “whoever” or another expression is used):
(a) does not exclude a reference to a body corporate or an individual merely because elsewhere in this Code there is particular reference to a body corporate (however expressed); and
(b) does not exclude a reference to an individual or a body corporate merely because elsewhere in this Code there is particular reference to an individual (however expressed).
212 Reference to certain provisions of Code
If a provision of this Code refers:
(a) to a Part or section by a number and without reference to this Code—the reference is a reference to the Part or section, designated by the number, of this Code; or
(b) to a Division, Subdivision, subsection, paragraph, subparagraph or subsubparagraph by a number and without reference to this Code—the reference is a reference to:
(i) the Division, designated by the number, of the Part in which the reference occurs; and
(ii) the Subdivision, designated by the number, of the Division in which the reference occurs; and
(iii) the subsection, designated by the number, of the section in which the reference occurs; and
(iv) the paragraph, designated by the number, of the section, subsection, or other provision in which the reference occurs; and
(v) the subparagraph, designated by the number, of the paragraph in which the reference occurs; and
(vi) the subsubparagraph, designated by the number, of the subparagraph in which the reference occurs;
as the case requires.
213 Reference to provisions of this Code or an Act is inclusive
In this Code, a reference to a portion of this Code or an Act includes:
(a) a reference to the Chapter, Part, Division, Subdivision, section, subsection or other provision of this Code or the Act referred to that forms the beginning of the portion; and
(b) a reference to the Chapter, Part, Division, Subdivision, section, subsection or other provision of this Code or the Act referred to that forms the end of the portion.
Example: A reference to “sections 5 to 9” includes both section 5 and section 9. It is not necessary to refer to “sections 5 to 9 (both inclusive)” to ensure that the reference is given an inclusive interpretation.
Division 4—Functions and powers
214 Power to make instrument or decision includes power to amend or repeal
If this Code authorises or requires the making of an instrument or decision:
(a) the power includes power to amend or repeal the instrument or decision; and
(b) the power to amend or repeal the instrument or decision is exercisable in the same way, and subject to the same conditions, as the power to make the instrument or decision.
215 Matters for which statutory instruments may make provision
(1) If this Code authorises or requires the making of a statutory instrument in relation to a matter, a statutory instrument made under this Code may make provision for the matter by applying, adopting or incorporating (with or without modification) the provisions of:
(a) an Act or statutory instrument; or
(b) another document (whether of the same or a different kind);
as in force at a particular time or as in force from time to time.
(2) If a statutory instrument applies, adopts or incorporates the provisions of a document, the statutory instrument applies, adopts or incorporates the provisions as in force from time to time, unless the statutory instrument otherwise expressly provides.
(3) A statutory instrument may:
(a) apply generally to all persons, matters or things or be limited in its application to:
(i) particular persons, matters or things; or
(ii) particular classes of persons, matters or things; or
(b) otherwise apply generally or be limited in its application by reference to specified exceptions or factors.
(4) A statutory instrument may:
(a) apply differently according to different specified factors; or
(b) otherwise make different provision in relation to:
(i) different persons, matters or things; or
(ii) different classes of persons, matters or things.
(5) A statutory instrument may authorise a matter or thing to be from time to time determined, applied or regulated by a specified person or body.
(6) If this Code authorises or requires a matter to be regulated by statutory instrument, the power may be exercised by prohibiting by statutory instrument the matter or any aspect of the matter.
(7) If this Code authorises or requires provision to be made with respect to a matter by statutory instrument, a statutory instrument made under this Code may make provision with respect to a particular aspect of the matter despite the fact that provision is made by this Code in relation to another aspect of the matter or in relation to another matter.
(8) A statutory instrument may provide for the review of, or a right of appeal against, a decision made under the statutory instrument, or this Code, and may, for that purpose, confer jurisdiction on any court, tribunal, person or body.
(9) A statutory instrument may require a form prescribed by or under the statutory instrument, or information or documents included in, attached to or given with the form, to be verified by statutory declaration.
216 Presumption of validity and power to make
(1) All conditions and preliminary steps required for the making of a statutory instrument are presumed to have been satisfied and performed in the absence of evidence to the contrary.
(2) A statutory instrument is taken to be made under all powers under which it may be made, even though it purports to be made under this Code or a particular provision of this Code.
217 Exercise of powers between enactment and commencement
(1) If a provision of this Code (the empowering provision) that does not commence on its enactment would, had it commenced, confer a power:
(a) to make an appointment; or
(b) to make a statutory instrument of a legislative or administrative character; or
(c) to do another thing;
then:
(d) the power may be exercised; and
(e) anything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect;
before the empowering provision commences.
(2) If a provision of an Act (the empowering provision) that does not commence on its enactment would, had it commenced, amend a provision of this Code so that it would confer a power:
(a) to make an appointment; or
(b) to make a statutory instrument of a legislative or administrative character; or
(c) to do another thing;
then:
(d) the power may be exercised; and
(e) anything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect;
before the empowering provision commences.
(3) If:
(a) this Code has commenced and confers a power to make a statutory instrument (the basic instrument‑making power); and
(b) a provision of an Act that does not commence on its enactment would, had it commenced, amend this Code so as to confer additional power to make a statutory instrument (the additional instrument‑making power);
then:
(c) the basic instrument‑making power and the additional instrument‑making power may be exercised by making a single instrument; and
(d) any provision of the instrument that required an exercise of the additional instrument‑making power is to be treated as made under subsection (2).
(4) If an instrument, or a provision of an instrument, is made under subsection (1) or (2) that is necessary for the purpose of:
(a) enabling the exercise of a power mentioned in the subsection; or
(b) bringing an appointment, instrument or other thing made or done under such a power into effect;
the instrument or provision takes effect:
(c) on the making of the instrument; or
(d) on such later day (if any) on which, or at such later time (if any) at which, the instrument or provision is expressed to take effect.
(5) If:
(a) an appointment is made under subsection (1) or (2); or
(b) an instrument, or a provision of an instrument, made under subsection (1) or (2) is not necessary for a purpose mentioned in subsection (4);
the appointment, instrument or provision takes effect:
(c) on the commencement of the relevant empowering provision; or
(d) on such later day (if any) on which, or at such later time (if any) at which, the appointment, instrument or provision is expressed to take effect.
(6) Anything done under subsection (1) or (2) does not confer a right, or impose a liability, on a person before the relevant empowering provision commences.
(7) After the enactment of a provision mentioned in subsection (2) but before the provision’s commencement, this section applies as if the references in subsections (2) and (5) to the commencement of the empowering provision were references to the commencement of the provision mentioned in subsection (2) as amended by the empowering provision.
(8) In the application of this section to a statutory instrument, a reference to the enactment of the instrument is a reference to the making of the instrument.