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National Consumer Credit Protection (Transitional and Consequential Provisions) Act 2009
13Old Credit Code time limits etc.
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13 Old Credit Code time limits etc.
(1) An old Credit Code time limit (see subitem (2)):
(a) the starting point of which:
(i) was known or had been determined before commencement (whether that starting point occurred or would occur before, on or after commencement); or
(ii) would have become known, or have been determined, after commencement if the old Credit Code of the referring State or the Territory had continued to apply (whether that starting point would have occurred before, on or after commencement); and
(b) that had not ended at or before commencement;
continues to run, or starts or started to run, as if that same time limit (starting from the same starting point) were applicable under the new Credit Code.
(2) An old Credit Code time limit includes:
(a) a period for the doing of a thing specified or determined under the old Credit Code of a referring State or a Territory; or
(b) a period specified or determined under a provision of the old Credit Code of a referring State or a Territory as the duration of a particular instrument or status.
(3) If:
(a) under the old Credit Code of a referring State or a Territory, a process, a status of a person or body, or an instrument, commenced from a particular time before commencement; and
(b) that process, status or instrument is continued after commencement for the purposes of the new Credit Code by a provision of this Schedule;
that process, status or instrument as so continued is still taken to have commenced from the time referred to in paragraph (a).
(4) If an old Credit Code time limit related to an old right or liability, the same time limit applies in relation to the substituted right or liability.