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CONSUMER CREDIT LEGISLATION AMENDMENT BILL 1996

      Queensland




 CONSUMER CREDIT
   LEGISLATION
AMENDMENT BILL 1996

 


 

Queensland CONSUMER CREDIT LEGISLATION AMENDMENT BILL 1996 TABLE OF PROVISIONS Section Page PART 1--PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3 Acts amended--schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 PART 2--AMENDMENT OF CREDIT ACT 1987 4 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 5 Amendment of s 7 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 6 Amendment of s 19 (Recognised States) . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 7 Amendment of s 21 (Variation of application of Act) . . . . . . . . . . . . . . . . . 7 8 Insertion of new ss 21A and 21B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 21A Act not to apply to new credit contracts . . . . . . . . . . . . . . . . . . . . . . 8 21B Act to continue to apply in certain cases . . . . . . . . . . . . . . . . . . . . . 8 9 Omission of pt 9, divs 1 and 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 10 Omission of pt 9A (Consumer Credit Fund) . . . . . . . . . . . . . . . . . . . . . . . . . 9 11 Amendment of s 155 (Governor in Council may fix maximum annual percentage rates) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 12 Omission of ss 164-166 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 13 Omission of pt 11 (Administration) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 PART 3--AMENDMENT OF CONSUMER CREDIT (QUEENSLAND) ACT 1994 14 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 15 Replacement of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3 Definitions for Act (other than Code) . . . . . . . . . . . . . . . . . . . . . . . . 10 3A Words and expressions in Act (other than Code) . . . . . . . . . . . . . . . 12

 


 

2 Consumer Credit Legislation Amendment 16 Insertion of new s 11A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 11A General regulation-making power for Queensland . . . . . . . . . . . . . . 12 17 Insertion of new s 12A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 12A Approval of forms for Queensland . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 18 Insertion of new pts 6-10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 PART 6--CONTROL OF CREDIT PROVIDERS' PRACTICES Division 1--Preliminary 15 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 16 District Court to exercise jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . 13 Division 2--Unjust conduct by credit providers 17 Meaning of "unjust conduct" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 18 Dealing with unjust conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 19 Conduct deeds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 20 Register of conduct deeds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 21 Court order restraining unjust conduct . . . . . . . . . . . . . . . . . . . . . . . . 15 22 Variation or discharge of restraining order . . . . . . . . . . . . . . . . . . . . . 16 Division 3--Prohibition from acting as credit provider 23 Court may make prohibition order . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 24 Variation or discharge of prohibition order . . . . . . . . . . . . . . . . . . . . 17 25 Effect of prohibition order on pre-existing credit contracts . . . . . . . 17 26 Civil penalty for contravening prohibition order . . . . . . . . . . . . . . . . 18 PART 7--INVESTIGATION AND ENFORCEMENT Division 1--Inspectors 27 Appointment of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 28 Powers of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 29 Identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 30 Production and display of identity card . . . . . . . . . . . . . . . . . . . . . . . 19 Division 2--Inspectors' general powers 31 Entry to places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 32 Consent to entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 33 Warrants to enter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 34 Warrants--applications made other than in person . . . . . . . . . . . . . 22

 


 

3 Consumer Credit Legislation Amendment 35 General powers after entering places . . . . . . . . . . . . . . . . . . . . . . . . . 24 36 Power to seize evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 37 Powers supporting seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 38 Receipt for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 39 Return of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 40 Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 41 Powers to be exercised to cause least inconvenience . . . . . . . . . . . 26 Division 3--Other investigative powers 42 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . 27 43 Power to require giving of information . . . . . . . . . . . . . . . . . . . . . . . . 28 44 Power to require production of certain documents . . . . . . . . . . . . . . 28 45 Unreadable documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Division 4--Other enforcement matters 46 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 47 Obstructing inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 48 Impersonating inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 49 Inspector to give notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . 30 50 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 PART 8--CONSUMER CREDIT FUND 51 Establishment of fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 52 Payments to fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 53 Payments from fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 54 Report on operations of fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 PART 9--ADMINISTRATION Division 1--Offences 55 Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 56 Offences are summary offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 57 Start of offence proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 58 Liability for offences by corporations . . . . . . . . . . . . . . . . . . . . . . . . . 33 Division 2--Miscellaneous 59 Chief executive may intervene . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 60 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

 


 

4 Consumer Credit Legislation Amendment 61 Secrecy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 62 Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 63 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 64 Report on operation of consumer credit laws . . . . . . . . . . . . . . . . . . 36 PART 10--TRANSITIONAL 65 Transitional provision about undertakings and court orders . . . . . . . 36 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 38 CONSEQUENTIAL AND MINOR AMENDMENTS BILLS OF SALE AND OTHER INSTRUMENTS ACT 1955 . . . . . . . . . . . 38 HIRE-PURCHASE ACT 1959 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

 


 

1996 A BILL FOR An Act to amend legislation about consumer credit

 


 

s1 6 s4 Consumer Credit Legislation Amendment The Parliament of Queensland enacts-- 1 PART 1--PRELIMINARY 2 title 3 Short Clause 1. This Act may be cited as the Consumer Credit Legislation Amendment 4 Act 1996. 5 6 Commencement Clause 2. The following provisions commence when the Consumer Credit 7 (Queensland) Act 1994, section 4 commences-- 8 section 3 9 part 2 10 schedule. 11 amended--schedule 12 Acts Clause 3. The schedule amends the Acts mentioned in it. 13 ART 2--AMENDMENT OF CREDIT ACT 1987 14 P amended 15 Act Clause 4. This part amends the Credit Act 1987. 16

 


 

s5 7 s7 Consumer Credit Legislation Amendment of s 7 (Interpretation) 1 Amendment Clause 5. Section 7(1), definition "Fund", `Part 9A.'-- 2 omit, insert-- 3 `the Consumer Credit (Queensland) Act 1994, section 51.'. 4 of s 19 (Recognised States) 5 Amendment Clause 6. Section 19, `order in council'-- 6 omit, insert-- 7 `regulation'. 8 of s 21 (Variation of application of Act) 9 Amendment Clause 7.(1) Section 21(1), words before paragraph (a)-- 10 omit, insert-- 11 `(1) A regulation may declare this Act, or the provisions of this Act 12 stated in the regulation--'. 13 (2) Section 21(2) and (3) `An order in council'-- 14 omit, insert-- 15 `A regulation'. 16 (3) Section 21(2) and (4), `the order'-- 17 omit, insert-- 18 `the regulation'. 19 (4) Section 21(3) and (4), `such an order'-- 20 omit, insert-- 21 `the regulation'. 22 (5) Section 21(4), `an order in council'-- 23 omit, insert-- 24 `a regulation'. 25

 


 

s8 8 s8 Consumer Credit Legislation Amendment (6) Section 21(5)-- 1 omit. 2 of new ss 21A and 21B 3 Insertion Clause 8. After section 21-- 4 insert-- 5 not to apply to new credit contracts 6 `Act `21A.(1) Subject to subsection (2), this Act does not apply to a credit 7 contract made on or after the commencement of this section. 8 `(2) This Act applies to-- 9 (a) a credit contract, other than a continuing credit contract, and to a 10 mortgage or guarantee relating to such a credit contract-- 11 (i) made on or after the commencement of this section if the 12 offer to enter into it was made before the commencement; 13 and 14 (ii) to which this Act would have applied if the credit contract 15 had been made before the commencement; and 16 (b) a credit contract, other than a continuing credit contract, and to a 17 mortgage or guarantee relating to such a credit contract made on 18 or after the commencement but within 1 month after the 19 commencement if-- 20 (i) the credit contract does not comply with the Consumer 21 Credit (Queensland) Code; and 22 (ii) had the credit contract been made before the 23 commencement, this Act would have applied to it and it 24 would have complied with this Act. 25 to continue to apply in certain cases 26 `Act `21B.(1) Except as otherwise provided by this section, this Act continues 27 to apply to-- 28 (a) a continuing credit contract entered into before the 29

 


 

s9 9 s 11 Consumer Credit Legislation Amendment commencement of this section, but only in respect of anything 1 done or omitted to be done before the commencement; and 2 (b) a credit contract of another kind entered into before the 3 commencement in respect of anything done or omitted to be 4 done, whether before or after the commencement; and 5 (c) a mortgage or guarantee relating to a continuing credit contract 6 mentioned in paragraph (a), but only in respect of anything done 7 or omitted to be done before the commencement; and 8 (d) a mortgage or guarantee relating to a credit contract mentioned in 9 paragraph (b) in respect of anything done or omitted to be done, 10 whether before or after the commencement. 11 `(2) If the credit provider, under a contract to which this Act continues to 12 apply, acts in accordance with the Consumer Credit (Queensland) Code, 13 section 34, 35, 66 to 69, part 5 (except sections 75 to 77), 163, 171, 172 or 14 173, the credit provider is taken to have acted in accordance with the 15 corresponding provision of this Act. 16 `(3) Despite anything to the contrary in subsection (2), section 113(1)(b) 17 continues to apply in respect of goods subject to a regulated mortgage.'. 18 of pt 9, divs 1 and 2 19 Omission Clause 9. Part 9, divisions 1 and 2-- 20 omit. 21 of pt 9A (Consumer Credit Fund) 22 Omission Clause 10. Part 9A-- 23 omit. 24 of s 155 (Governor in Council may fix maximum annual 25 Amendment percentage rates) 26 Clause 11.(1) Section 155(1), `The Governor in Council, by order in council,'-- 27 omit, insert-- 28 `A regulation'. 29

 


 

s 12 10 s 15 Consumer Credit Legislation Amendment (2) Section 155(2), `an order in council'-- 1 omit, insert-- 2 `a regulation'. 3 (3) Section 155(4)-- 4 omit. 5 of ss 164-166 6 Omission Clause 12. Sections 164 to 166-- 7 omit. 8 of pt 11 (Administration) 9 Omission Clause 13. Part 11-- 10 omit. 11 PART 3--AMENDMENT OF CONSUMER CREDIT 12 (QUEENSLAND) ACT 1994 13 amended 14 Act Clause 14. This part amends the Consumer Credit (Queensland) Act 1994. 15 of s 3 (Definitions) 16 Replacement Clause 15. Section 3-- 17 omit, insert-- 18 for Act (other than Code) 19 `Definitions `3. In this Act, other than the appendix-- 20 "annual report" means the report on the department's operations during a 21 financial year prepared by the department's accountable officer under 22

 


 

s 15 11 s 15 Consumer Credit Legislation Amendment the Financial Administration and Audit Act 1977. 1 "conduct deed" see section 19 of this Act. 2 "consumer credit" means credit to which the Consumer Credit 3 (Queensland) Code or the Credit Act 1987 applies. 4 "consumer credit law" means this Act or the Credit Act 1987. 5 "Consumer Credit (Queensland) Code" means the provisions applying 6 because of section 4 of this Act. 7 "Consumer Credit (Queensland) Regulations" means the provisions 8 applying because of section 5 of this Act. 9 "credit business" means a business of providing consumer credit, and 10 includes a business of providing consumer credit as part of, or 11 incidentally to, carrying on another business. 12 "credit business place" see section 31 of this Act. 13 "executive officer", of a corporation, means a person who is concerned 14 with, or takes part in, the corporation's management, whether or not 15 the person is a director or the person's position is given the name of 16 executive officer. 17 "inspector" means a person appointed as an inspector under section 27 of 18 this Act. 19 "Ministerial Council" means the Ministerial Council established under the 20 Uniform Consumer Credit Laws Agreement 1993. 21 "occupier", of a place, includes a person who reasonably appears to be the 22 occupier, or in charge, of the place. 23 "place" includes premises, a place on land or waters and a vehicle. 24 "prohibition order" means an order under section 23 of this Act. 25 "public place" means a place the public is entitled to use, is open to the 26 public or is used by the public, whether or not on payment of money. 27 "unjust conduct" see section 17 of this Act. 28

 


 

s 16 12 s 17 Consumer Credit Legislation Amendment and expressions in Act (other than Code) 1 `Words `3A.(1) Words and expressions used in this Act, other than the 2 appendix-- 3 (a) in relation to credit to which the Consumer Credit (Queensland) 4 Code applies--have the meanings given by the Code; or 5 (b) in relation to credit to which the Credit Act 1987 applies--have 6 the meanings given by that Act. 7 `(2) Subsection (1) applies except so far as the context or subject matter 8 otherwise indicates or requires.'. 9 of new s 11A 10 Insertion Clause 16. Part 5, before section 12-- 11 insert-- 12 regulation-making power for Queensland 13 `General `11A. The Governor in Council may make regulations under this Act, 14 other than the appendix.'. 15 of new s 12A 16 Insertion Clause 17. After section 12-- 17 insert-- 18 of forms for Queensland 19 `Approval `12A. The chief executive may approve forms for use under this Act, 20 other than the appendix.'. 21

 


 

s 18 13 s 18 Consumer Credit Legislation Amendment of new pts 6-10 1 Insertion Clause 18. After part 5-- 2 insert-- 3 `PART 6--CONTROL OF CREDIT PROVIDERS' 4 PRACTICES 5 1--Preliminary 6 `Division urpose 7 `P `15. This part provides for controls over credit providers' practices in 8 addition to the controls provided for in the Consumer Credit (Queensland) 9 Code and the Credit Act 1987. 10 Court to exercise jurisdiction 11 `District `16.(1) Each District Court has jurisdiction to hear and decide an 12 application made under this part and to make an order authorised by this 13 part. 14 `(2) While exercising its jurisdiction under this part, a District Court is to 15 be constituted by a judge sitting alone. 16 `Division 2--Unjust conduct by credit providers 17 of "unjust conduct" 18 `Meaning `17. For this part, any of the following conduct by a credit provider is 19 "unjust conduct"-- 20 (a) dishonest or unfair conduct; 21 (b) anything done, or omitted to be done, in breach of a contract, 22 whether or not a proceeding in relation to the breach has been 23 brought; 24 (c) contravening a consumer credit law or the Credit (Rural Finance) 25 Act 1996. 26

 


 

s 18 14 s 18 Consumer Credit Legislation Amendment with unjust conduct 1 `Dealing `18. If it appears to the chief executive that a credit provider has 2 repeatedly engaged in unjust conduct in the course of a credit business, the 3 chief executive may-- 4 (a) ask the credit provider to execute a deed prepared by the chief 5 executive under section 19 of this Act; or 6 (b) apply to a court for an order under section 21 of this Act. 7 onduct deeds 8 `C `19.(1) The chief executive may prepare a deed (a "conduct deed"), for 9 execution by a credit provider, under which the credit provider agrees to-- 10 (a) stop engaging in stated conduct; or 11 (b) conduct its credit business in a stated way; or 12 (c) rectify the consequences of its past conduct in a stated way and 13 within a stated time. 14 `(2) A conduct deed may also contain other terms the chief executive 15 considers appropriate. 16 `(3) A conduct deed must state that it is made under this section. 17 `(4) If a credit provider executes a conduct deed, the credit provider must 18 comply with it. 19 Maximum penalty--500 penalty units. 20 `(5) The chief executive may not apply for an order under section 21 of 21 this Act in relation to particular conduct by a credit provider if-- 22 (a) the credit provider has executed a conduct deed; and 23 (b) the conduct happened before the deed's execution; and 24 (c) the conduct is addressed by the deed; and 25 (d) the credit provider has complied with the deed. 26

 


 

s 18 15 s 18 Consumer Credit Legislation Amendment of conduct deeds 1 `Register `20.(1) The chief executive must keep a register of conduct deeds. 2 `(2) If a credit provider executes a conduct deed, the chief executive 3 must-- 4 (a) keep the executed deed and give a copy to the credit provider; and 5 (b) record the prescribed particulars of the deed in the register. 6 `(3) The register may be inspected by anyone, free of charge, during 7 office hours. 8 order restraining unjust conduct 9 `Court `21.(1) On application by the chief executive, the court may make an 10 order under this section if it is satisfied a credit provider has-- 11 (a) repeatedly engaged in unjust conduct in the course of a credit 12 business; or 13 (b) contravened a conduct deed it has executed. 14 `(2) The court may make an order it considers appropriate, including, for 15 example, that the credit provider-- 16 (a) stop engaging in stated conduct; or 17 (b) conduct its credit business in a stated way; or 18 (c) if it has contravened a conduct deed--comply with the deed; or 19 (d) rectify the consequences of its past conduct in a stated way and 20 within a stated time. 21 `(3) If the credit provider is a corporation and the court is satisfied an 22 executive officer of the corporation was involved in the unjust conduct or 23 contravention of the conduct deed, the court may also make an order it 24 considers appropriate about the officer's future involvement in the credit 25 provider's conduct. 26 `(4) A credit provider or executive officer must comply with an order 27 made under this section. 28 Maximum penalty--500 penalty units. 29

 


 

s 18 16 s 18 Consumer Credit Legislation Amendment or discharge of restraining order 1 `Variation `22. A court may vary or discharge an order made under section 21 of 2 this Act on the application of the chief executive, a credit provider or another 3 person affected by the order. 4 3--Prohibition from acting as credit provider 5 `Division may make prohibition order 6 `Court `23.(1) On application by the chief executive, the court may make an 7 order-- 8 (a) prohibiting a person from providing consumer credit; or 9 (b) restricting the way a person may provide consumer credit. 10 `(2) The order-- 11 (a) may be made on terms the court considers appropriate; and 12 (b) may be for a stated time or without any time limit. 13 `(3) Subsection (1) applies if the court considers the person is not an 14 appropriate person to provide consumer credit, or to provide consumer 15 credit other than under a restriction stated in the order, having regard to 16 whether the person-- 17 (a) has been convicted of an offence against a consumer credit law or 18 the Credit (Rural Finance) Act 1996; or 19 (b) has been convicted of an offence involving dishonesty; or 20 (c) has carried on a business dishonestly or unfairly; or 21 (d) is or has been a credit provider under a credit contract-- 22 (i) the transaction giving rise to which has been reopened under 23 the Consumer Credit (Queensland) Code, section 70 1 or the 24 Credit Act 1987, part 9, division 3;2 or 25 1 Section 70 (Court may reopen unjust transactions) 2 Part 9 (Control of credit providers' practices), division 3 (Reopening of regulated contracts and regulated mortgages)

 


 

s 18 17 s 18 Consumer Credit Legislation Amendment (ii) in relation to which a court has found, under the Consumer 1 Credit (Queensland) Code, section 72,3 that a fee, charge or 2 change in a rate was unconscionable; or 3 (e) has repeatedly engaged in unjust conduct in the course of a credit 4 business; or 5 (f) has contravened a conduct deed the person has executed; or 6 (g) was involved, as an executive officer of a corporation, in a matter 7 mentioned in paragraph (a) to (f) that applies to the corporation. 8 `(4) A person must comply with an order under this section. 9 Maximum penalty--200 penalty units or 6 months imprisonment. 10 `(5) In this section-- 11 "providing consumer credit" includes being involved in providing 12 consumer credit. 13 14 Examples of being involved in providing consumer credit-- 15 1. Taking part in the management or control of a corporation or business that 16 provides consumer credit. 17 2. Taking part in the negotiation of credit contracts as an employee or agent of a 18 credit provider. or discharge of prohibition order 19 `Variation `24. A court may vary or discharge a prohibition order on the application 20 of the chief executive or a person affected by the order. 21 of prohibition order on pre-existing credit contracts 22 `Effect `25. A prohibition order made against a person does not operate in 23 relation to a credit contract entered into before the order is made, so as to 24 prevent the person-- 25 (a) receiving an amount under the contract; or 26 (b) enforcing the contract; or 27 3 Section 72 (Court may review unconscionable interest and other charges)

 


 

s 18 18 s 18 Consumer Credit Legislation Amendment (c) unless it is a continuing credit contract, providing consumer credit 1 under the terms of the contract existing at the time the order is 2 made; or 3 (d) providing consumer credit under the contract as varied or deferred 4 after the order is made, but only if the variation or deferral is 5 made at the debtor's request to enable the debtor to comply with 6 the contract. 7 penalty for contravening prohibition order 8 `Civil `26.(1) This section applies if a person (the "prohibited person") 9 provides consumer credit under a credit contract in contravention of a 10 prohibition order. 11 `(2) The prohibited person is not entitled to payment of any amount 12 under the credit contract. 13 `(3) Anyone who pays an amount under the credit contract to the 14 prohibited person may recover the amount as a debt payable by the 15 prohibited person. 16 `(4) This section does not affect the liability of the prohibited person to be 17 convicted of an offence. 18 `PART 7--INVESTIGATION AND ENFORCEMENT 19 1--Inspectors 20 `Division of inspectors 21 `Appointment `27.(1) The chief executive may appoint an officer or employee of the 22 department as an inspector if-- 23 (a) the chief executive believes the officer or employee has the 24 necessary expertise or experience to be an inspector; or 25 (b) the officer or employee has satisfactorily completed a course of 26 training approved by the chief executive. 27

 


 

s 18 19 s 18 Consumer Credit Legislation Amendment `(2) An inspector holds office for the term, and on the conditions, stated 1 in the inspector's instrument of appointment. 2 of inspectors 3 `Powers `28.(1) An inspector-- 4 (a) has the powers given under this Act; and 5 (b) is subject to the chief executive's directions in exercising the 6 powers. 7 `(2) An inspector's powers may be limited-- 8 (a) under a regulation; or 9 (b) under a condition of appointment; or 10 (c) by written notice given by the chief executive to the inspector. 11 card 12 `Identity `29.(1) The chief executive must give each inspector an identity card. 13 `(2) The identity card must-- 14 (a) contain a recent photograph of the inspector; and 15 (b) be signed by the inspector; and 16 (c) identify the person as an inspector for the consumer credit laws. 17 `(3) A person who stops being an inspector must return the person's 18 identity card to the chief executive as soon as possible (but within 21 days) 19 after the person stops being an inspector, unless the person has a reasonable 20 excuse. 21 Maximum penalty--50 penalty units. 22 `(4) This section does not prevent the giving of a single identity card to a 23 person for the consumer credit laws and other Acts or for other purposes. 24 and display of identity card 25 `Production `30.(1) An inspector may exercise a power in relation to someone only if 26 the inspector-- 27

 


 

s 18 20 s 18 Consumer Credit Legislation Amendment (a) first produces his or her identity card for the person's inspection; 1 or 2 (b) has the identity card displayed so that it is clearly visible to the 3 person. 4 `(2) However, if for any reason it is not practicable to comply with 5 subsection (1) before exercising the power, the inspector must produce the 6 identity card for inspection by the person at the first reasonable opportunity. 7 2--Inspectors' general powers 8 `Division to places 9 `Entry `31.(1) An inspector may enter a place if-- 10 (a) the inspector believes on reasonable grounds that the place is a 11 credit business place and the entry is made when the place is open 12 for the conduct of business or otherwise open for entry; or 13 (b) its occupier consents to the entry; or 14 (c) it is a public place; or 15 (d) the entry is authorised by warrant. 16 `(2) An inspector may also enter land around premises to gain access to 17 the premises or to ask its occupier for consent to enter the premises. 18 `(3) In this section-- 19 "credit business place" means a place, other than a private dwelling, at 20 which-- 21 (a) a credit business is carried on; or 22 (b) there are documents relating to a credit business. 23 to entry 24 `Consent `32.(1) This section applies if an inspector intends to ask an occupier of a 25 place for consent to enter the place. 26 `(2) Before asking for the consent, the inspector must tell the occupier-- 27

 


 

s 18 21 s 18 Consumer Credit Legislation Amendment (a) the purpose of the entry; and 1 (b) that the occupier is not required to consent. 2 `(3) If the consent is given, the inspector may ask the occupier to sign an 3 acknowledgment of the consent. 4 `(4) The acknowledgment must state the following-- 5 (a) that the occupier was told-- 6 (i) the purpose of the entry; and 7 (ii) that the occupier was not required to consent; 8 (b) the purpose of the entry; 9 (c) that the occupier gives the inspector consent to enter the place and 10 exercise powers under this part; 11 (d) the time and date the consent was given. 12 `(5) If the occupier signs the acknowledgment, the inspector must 13 immediately give a copy to the occupier. 14 `(6) Subsection (7) applies to a court if-- 15 (a) an issue arises, in a proceeding in or before the court, whether the 16 occupier of a place consented to an inspector entering the place 17 under this part; and 18 (b) an acknowledgment under this section is not produced in 19 evidence for the entry; and 20 (c) it is not proved the occupier consented to the entry. 21 `(7) The court may presume the occupier did not consent. 22 to enter 23 `Warrants `33.(1) An inspector may apply to a magistrate for a warrant for a place. 24 `(2) The application must be sworn and state the grounds on which the 25 warrant is sought. 26 `(3) The magistrate may refuse to consider the application until the 27 inspector gives the magistrate all the information the magistrate requires 28 about the application in the way the magistrate requires. 29

 


 

s 18 22 s 18 Consumer Credit Legislation Amendment 1 Example-- 2 The magistrate may require additional information supporting the application to 3 be given by statutory declaration. `(4) The magistrate may issue the warrant only if the magistrate is 4 satisfied there are reasonable grounds for suspecting-- 5 (a) there is a particular thing or activity (the "evidence") that may 6 provide evidence of an offence against a consumer credit law; and 7 (b) the evidence is, or may be within the next 7 days, at the place. 8 `(5) The warrant must state the following-- 9 (a) that a stated inspector may, with necessary and reasonable help 10 and force, enter the place and exercise the inspector's powers 11 under this part; 12 (b) the offence for which the warrant is sought; 13 (c) the evidence that may be seized under the warrant; 14 (d) the hours of the day or night when the place may be entered; 15 (e) the date, within 14 days after the warrant's issue, that the warrant 16 ends. 17 made other than in person 18 `Warrants--applications `34.(1) An inspector may apply for a warrant by phone, fax, radio or 19 another form of communication if the inspector considers it necessary 20 because of-- 21 (a) urgent circumstances; or 22 (b) other special circumstances, including, for example, the 23 inspector's remote location. 24 `(2) Before applying for the warrant, the inspector must prepare an 25 application stating the grounds on which the warrant is sought. 26 `(3) The inspector may apply for the warrant before the application is 27 sworn. 28 `(4) After issuing the warrant, the magistrate must immediately fax a 29 copy to the inspector if it is reasonably practicable to do so. 30

 


 

s 18 23 s 18 Consumer Credit Legislation Amendment `(5) If it is not reasonably practicable to fax a copy to the inspector-- 1 (a) the magistrate must tell the inspector-- 2 (i) what the terms of the warrant are; and 3 (ii) the date and time the warrant was issued; and 4 (b) the inspector must complete a form of warrant (the "warrant 5 form") and write on it-- 6 (i) the magistrate's name; and 7 (ii) the date and time the magistrate issued the warrant; and 8 (iii) the terms of the warrant. 9 `(6) The facsimile warrant, or the warrant form properly completed by 10 the inspector, authorises the entry and the exercise of the other powers 11 stated in the warrant issued by the magistrate. 12 `(7) The inspector must, at the first reasonable opportunity, send to the 13 magistrate-- 14 (a) the sworn application; and 15 (b) if the inspector completed a warrant form--the completed 16 warrant form. 17 `(8) On receiving the documents, the magistrate must attach them to the 18 warrant. 19 `(9) Subsection (10) applies to a court if-- 20 (a) an issue arises, in a proceeding in or before the court, whether a 21 power exercised by an inspector was authorised by a warrant 22 issued under this section; and 23 (b) the warrant is not produced in evidence. 24 `(10) The court must presume that the exercise of the power was not 25 authorised by a warrant issued under this section, unless the contrary is 26 proved. 27

 


 

s 18 24 s 18 Consumer Credit Legislation Amendment powers after entering places 1 `General `35.(1) This section applies to an inspector who enters a place under 2 section 31(1) of this Act.4 3 `(2) For monitoring or enforcing compliance with a consumer credit law, 4 the inspector may-- 5 (a) search any part of the place; or 6 (b) inspect or photograph any part of the place or anything at the 7 place; or 8 (c) inspect, copy or take an extract from a document at the place; or 9 (d) take to the place any persons, equipment or materials the 10 inspector reasonably needs to exercise a power under this part; or 11 (e) require the occupier of the place, or a person at the place, to give 12 the inspector reasonable help to exercise the powers under 13 paragraphs (a) to (d). 14 `(3) A person must comply with a requirement under subsection (2)(e) 15 unless the person has a reasonable excuse. 16 Maximum penalty--50 penalty units. 17 `(4) A requirement under subsection (2)(e) does not include a 18 requirement to give information about an offence against a consumer credit 19 law or to produce a document.5 20 `(5) A person does not commit an offence under subsection (3) for 21 failing to comply with a requirement unless the inspector has first warned 22 the person it is an offence to fail to comply with the requirement unless the 23 person has a reasonable excuse. 24 to seize evidence 25 `Power `36.(1) An inspector who enters a place under section 31(1) of this Act, 26 other than under a warrant, may seize a thing at the place if-- 27 4 Section 31 (Entry to places) 5 For the power to require information about an offence against a consumer credit law, see section 43 of this Act. For the power to require documents to be produced, see section 44 of this Act.

 


 

s 18 25 s 18 Consumer Credit Legislation Amendment (a) the inspector reasonably believes the thing is evidence of an 1 offence against a consumer credit law; and 2 (b) if the entry was made with the occupier's consent--seizure of the 3 thing is consistent with the purpose of the entry as told to the 4 occupier when asking for the consent. 5 `(2) An inspector who enters a place under a warrant may seize the 6 evidence for which the warrant was issued. 7 `(3) The inspector may also seize anything else at the place if the 8 inspector reasonably believes-- 9 (a) the thing is evidence of an offence against a consumer credit law 10 and the seizure is necessary to prevent the thing being hidden, 11 lost, destroyed or used to continue or repeat the offence; or 12 (b) the thing has just been used in committing an offence against a 13 consumer credit law. 14 supporting seizure 15 `Powers `37.(1) Having seized a thing under this part, an inspector may-- 16 (a) move the thing from the place where it was seized (the "place of 17 seizure"); or 18 (b) leave the thing at the place of seizure but take reasonable action to 19 restrict access to it. 20 21 Examples of restricting access to a thing-- 22 1. Sealing a thing and marking it to show access to it is restricted. 23 2. Sealing the entrance to a room where the seized thing is situated and marking 24 it to show access to it is restricted. `(2) If an inspector restricts access to a seized thing, a person must not 25 tamper, or attempt to tamper, with the thing or something restricting access 26 to the thing without an inspector's approval. 27 Maximum penalty--50 penalty units. 28

 


 

s 18 26 s 18 Consumer Credit Legislation Amendment for seized things 1 `Receipt `38.(1) As soon as practicable after an inspector seizes a thing, the 2 inspector must give a receipt for it to the person from whom it was seized. 3 `(2) However, if for any reason it is not practicable to comply with 4 subsection (1), the inspector must leave the receipt in a conspicuous 5 position and in a reasonably secure way at the place of seizure. 6 `(3) The receipt must describe generally each thing seized and its 7 condition. 8 `(4) This section does not apply to a thing if it is impracticable or would 9 be unreasonable to give the notice required by the section (given the thing's 10 nature, condition and value). 11 of seized things 12 `Return `39.(1) An inspector must return a seized thing to its owner-- 13 (a) within a reasonable time; or 14 (b) if a proceeding for an offence involving the thing is started within 15 a reasonable time--at the end of the proceeding and any appeal 16 from the proceeding. 17 `(2) Despite subsection (1), an inspector must immediately return a thing 18 seized as evidence to its owner if the inspector stops being satisfied its 19 continued retention as evidence is necessary. 20 to seized things 21 `Access `40.(1) Until a seized thing is returned, an inspector must allow its 22 owner, or an agent of its owner, to inspect it and, if it is a document, to copy 23 it. 24 `(2) Subsection (1) does not apply if it is impracticable or would be 25 unreasonable to allow the inspection or copying. 26 to be exercised to cause least inconvenience 27 `Powers `41. An inspector must exercise a power under this division, in relation 28 to a credit provider, in a way that causes as little inconvenience to the credit 29

 


 

s 18 27 s 18 Consumer Credit Legislation Amendment provider's business as is practicable, having regard to the purpose for which 1 the power is exercised. 2 `Division 3--Other investigative powers 3 to require name and address 4 `Power `42.(1) This section applies if-- 5 (a) an inspector finds a person committing an offence against a 6 consumer credit law; or 7 (b) an inspector finds a person in circumstances that lead, or has 8 information that leads, the inspector to reasonably suspect the 9 person has just committed an offence against a consumer credit 10 law. 11 `(2) The inspector may require the person to state the person's name and 12 residential address. 13 `(3) When making the requirement, the inspector must warn the person it 14 is an offence to fail to state the person's name or residential address, unless 15 the person has a reasonable excuse. 16 `(4) The inspector may require the person to give evidence of the 17 correctness of the stated name or residential address if the inspector 18 reasonably suspects the stated name or address is false. 19 `(5) A person must comply with a requirement under subsection (2) 20 or (4), unless the person has a reasonable excuse. 21 Maximum penalty--50 penalty units. 22 `(6) A person does not commit an offence against subsection (5) if-- 23 (a) the person was required to state the person's name and address 24 by an inspector who suspected the person had committed an 25 offence; and 26 (b) the person is not proved to have committed the offence. 27

 


 

s 18 28 s 18 Consumer Credit Legislation Amendment to require giving of information 1 `Power `43.(1) This section applies if an inspector reasonably believes-- 2 (a) an offence against a consumer credit law has just been 3 committed; and 4 (b) a person may be able to give information about the offence. 5 `(2) The inspector may, by written notice given to the person, require the 6 person to give information about the offence. 7 `(3) The notice must state that-- 8 (a) it is an offence to fail to give the information unless the person 9 has a reasonable excuse; and 10 (b) it is a reasonable excuse for a person to fail to give information if 11 complying with the requirement might tend to incriminate the 12 person. 13 `(4) The person must give the information, unless the person has a 14 reasonable excuse. 15 Maximum penalty--50 penalty units. 16 `(5) It is a reasonable excuse for a person to fail to give information if 17 complying with the requirement might tend to incriminate the person. 18 to require production of certain documents 19 `Power `44.(1) An officer may, by written notice given to a person, require the 20 person to make available for inspection by an officer, or produce to the 21 officer for inspection, at a reasonable time and place nominated by the 22 officer, a document relating to a credit business. 23 `(2) The notice must state that-- 24 (a) it is an offence to fail to comply with the requirement unless the 25 person has a reasonable excuse; and 26 (b) it is a reasonable excuse for a person to fail to comply with the 27 requirement if complying with the requirement might tend to 28 incriminate the person. 29 `(3) A person must comply with the requirement unless the person has a 30 reasonable excuse. 31

 


 

s 18 29 s 18 Consumer Credit Legislation Amendment Maximum penalty--50 penalty units. 1 `(4) It is a reasonable excuse for a person to fail to comply with the 2 requirement if complying with the requirement might tend to incriminate 3 the person. 4 `(5) The officer may keep the document to copy it. 5 `(6) If the officer copies the document, or an entry in the document, the 6 officer may require the person responsible for keeping the document to 7 certify the copy as a true copy of the document or entry. 8 `(7) A person must comply with a requirement under subsection (6) 9 unless the person has a reasonable excuse for not complying. 10 Maximum penalty--50 penalty units. 11 `(8) The officer must return the document to the person as soon as 12 practicable after copying it. 13 `(9) In this section-- 14 "officer" means an inspector or the chief executive. 15 documents 16 `Unreadable `45.(1) A power under section 44 of this Act to require production of a 17 document includes, for an unreadable document, the power to require 18 production of a printed document in the English language stating the 19 information contained in the unreadable document. 20 `(2) In subsection (1)-- 21 "unreadable document" means a document that is not in writing, not 22 written in the English language or is not decipherable on sight. 23 4--Other enforcement matters 24 `Division or misleading statements 25 `False `46.(1) A person must not state anything to an inspector that the person 26 knows is false or misleading in a material particular. 27 Maximum penalty--50 penalty units. 28

 


 

s 18 30 s 18 Consumer Credit Legislation Amendment `(2) It is enough for a complaint against a person for an offence against 1 subsection (1) to state that the statement made was false or misleading to 2 the person's knowledge. 3 inspector 4 `Obstructing `47. A person must not obstruct an inspector in the exercise of a power, 5 unless the person has a reasonable excuse for the obstruction. 6 Maximum penalty--50 penalty units. 7 inspector 8 `Impersonating `48. A person must not pretend to be an inspector. 9 Maximum penalty--100 penalty units or 6 months imprisonment. 10 to give notice of damage 11 `Inspector `49.(1) This section applies if-- 12 (a) an inspector damages something when exercising or purporting 13 to exercise a power; or 14 (b) a person (the "other person") acting under the direction of an 15 inspector damages something. 16 `(2) The inspector must promptly give written notice of particulars of the 17 damage to the person who appears to be the owner of the thing. 18 `(3) If the inspector believes the damage was caused by a latent defect in 19 the thing or circumstances beyond the inspector's or other person's control, 20 the inspector may state it in the notice. 21 `(4) If, for any reason, it is impracticable to comply with subsection (2), 22 the inspector must leave the notice in a conspicuous position and in a 23 reasonably secure way where the damage happened. 24 `(5) This section does not apply to damage the inspector reasonably 25 believes is trivial. 26 `(6) In this section-- 27 "owner", of a thing, includes the person in possession or control of it. 28

 


 

s 18 31 s 18 Consumer Credit Legislation Amendment 1 `Compensation `50.(1) A person may claim compensation from the State if the person 2 incurs loss or expense because of the exercise or purported exercise of a 3 power under this part, including, for example, in complying with a 4 requirement made of the person. 5 `(2) Compensation may be claimed and ordered in a proceeding-- 6 (a) brought in a court with jurisdiction for the recovery of the amount 7 of compensation claimed; or 8 (b) for an offence brought against the person claiming compensation. 9 `(3) A court may order compensation to be paid only if satisfied it is just 10 to make the order in the circumstances of the particular case. 11 `(4) A regulation may prescribe matters that may, or must, be taken into 12 account by the court when considering whether it is just to make the order. 13 ART 8--CONSUMER CREDIT FUND 14 `P of fund 15 `Establishment `51. The fund established under the Credit Act 1987, section 153A, 16 within the trust and special funds of the public accounts, is continued under 17 the name the Consumer Credit Fund. 18 ayments to fund 19 `P `52.(1) The fund is the fund established and operated for the Consumer 20 Credit (Queensland) Code, section 106.6 21 `(2) The fund also consists of any other amounts paid into the fund 22 including, for example, any of the following amounts-- 23 6 Section 106 (Payment of penalty to fund)

 


 

s 18 32 s 18 Consumer Credit Legislation Amendment (a) an amount paid to the fund under the Credit Act 1987, 1 section 87B;7 2 (b) another amount paid to the fund by a credit provider; 3 (c) interest and other income derived from the investment of 4 amounts standing to the credit of the fund; 5 (d) costs awarded to the chief executive by a court in a proceeding 6 under this Act; 7 (e) costs awarded to the registrar by a court in a proceeding under the 8 Credit Act 1987. 9 from fund 10 `Payments `53.(1) The Minister may approve the payment of an amount from the 11 fund, on terms the Minister considers appropriate, for any of the following 12 purposes-- 13 (a) providing financial counselling services to consumers; 14 (b) giving legal advice to consumers about consumer credit; 15 (c) improving knowledge about consumer credit. 16 `(2) The chief executive may approve the payment of an amount from 17 the fund for-- 18 (a) legal fees incurred by the chief executive, or costs awarded by a 19 court against the chief executive, in a proceeding under this Act; 20 or 21 (b) legal fees incurred by the registrar, or costs awarded by a court 22 against the registrar, in a proceeding under the Credit Act 1987; or 23 (c) other expenses incurred in administering the consumer credit 24 laws including, for example, salaries and training costs for 25 officers of the department who administer or execute the laws. 26 7 Section 87B (Court may direct payment to the Fund)

 


 

s 18 33 s 18 Consumer Credit Legislation Amendment on operations of fund 1 `Report `54. The department's annual report for a financial year must include a 2 report on the operations of the fund during the year. 3 ART 9--ADMINISTRATION 4 `P 1--Offences 5 `Division of division 6 `Application `55. This division does not apply to an offence against the Consumer 7 Credit (Queensland) Code.8 8 are summary offences 9 `Offences `56. An offence against a consumer credit law is a summary offence. 10 of offence proceedings 11 `Start `57. A proceeding for an offence against a consumer credit law may be 12 started within 3 years after the offence is committed. 13 for offences by corporations 14 `Liability `58.(1) The executive officers of a corporation must ensure the 15 corporation complies with the consumer credit laws. 16 `(2) If a corporation commits an offence against a provision of a 17 consumer credit law, each of the corporation's executive officers also 18 commits an offence, namely, the offence of failing to ensure the corporation 19 complies with the provision. 20 8 For the relevant provisions applying to the Code, see the Consumer Credit (Queensland) Code, part 11 (Miscellaneous), division 4 (Provisions relating to offences).

 


 

s 18 34 s 18 Consumer Credit Legislation Amendment Maximum penalty--the penalty prescribed for the contravention of the 1 provision by an individual. 2 `(3) Evidence that a corporation has been convicted of an offence against 3 a provision of a consumer credit law is evidence each of the corporation's 4 executive officers committed the offence of failing to ensure the corporation 5 complies with the provision. 6 `(4) However, it is a defence for an executive officer to prove-- 7 (a) the officer was not in a position to influence the corporation's 8 conduct in relation to the offence; or 9 (b) if the officer was in a position to influence the corporation's 10 conduct in relation to the offence--the officer exercised 11 reasonable diligence to ensure the corporation complied with the 12 provision. 13 `(5) In this section-- 14 "convicted", of an offence, means the corporation has been found guilty of 15 the offence, on a plea of guilty or otherwise, whether or not a 16 conviction was recorded. 17 `Division 2--Miscellaneous 18 executive may intervene 19 `Chief `59. The chief executive may intervene in a proceeding before a court 20 under a consumer credit law and, on intervening, has standing to represent 21 the public interest. 22 23 `Delegation `60. The chief executive may delegate the chief executive's powers under 24 a consumer credit law to an officer or employee of the department. 25 26 `Secrecy `61.(1) A person who is, or has been, an officer of the department must 27 not-- 28

 


 

s 18 35 s 18 Consumer Credit Legislation Amendment (a) make a record of protected information; or 1 (b) disclose to a person protected information about another person. 2 Maximum penalty--50 penalty units. 3 `(2) However, subsection (1) does not apply if the record is made or the 4 information disclosed-- 5 (a) in the performance of a function under, or for, a consumer credit 6 law; or 7 (b) in a legal proceeding; or 8 (c) with the consent of the person to whom the protected information 9 relates; or 10 (d) by the chief executive under subsection (3). 11 `(3) If the chief executive considers it appropriate, the chief executive 12 may disclose protected information to an officer of a Commonwealth 13 department, or a department of another State, for the administration or 14 execution of a law of the jurisdiction about providing credit to consumers. 15 `(4) In this section-- 16 "officer", of a department, includes the chief executive and an employee of 17 the department. 18 "protected information" means information about a person that comes to 19 an officer's knowledge in the course of, or because of, the officer's 20 functions under, or for, a consumer credit law. 21 22 `Evidence `62.(1) In a proceeding under a consumer credit law, there is no need to 23 prove the appointment of the Minister, the chief executive or an inspector. 24 `(2) A signature purporting to be the signature of the Minister, the chief 25 executive, an inspector or an officer or employee of the department is 26 evidence of the signature it purports to be. 27 `(3) A certificate stating that a stated document is an appointment or 28 approval, or a copy of an appointment or approval, is evidence of the 29 matter. 30

 


 

s 18 36 s 18 Consumer Credit Legislation Amendment from liability 1 `Protection `63.(1) In this section-- 2 "official" means-- 3 (a) the chief executive; or 4 (b) an inspector; or 5 (c) a person acting under an inspector's direction. 6 `(2) An official does not incur civil liability for an act done, or omission 7 made, honestly and without negligence under a consumer credit law. 8 `(3) A liability that would, apart from this section, attach to an official 9 attaches instead to the State. 10 on operation of consumer credit laws 11 `Report `64. The department's annual report for a financial year must include a 12 report about the administration of the consumer credit laws during the year. 13 ART 10--TRANSITIONAL 14 `P provision about undertakings and court orders 15 `Transitional `65.(1) A deed executed by a credit provider under the Credit Act 1987, 16 section 143 is taken to be a conduct deed executed under section 19 of this 17 Act.9 18 `(2) The register of undertakings kept under the Credit Act 1987, 19 section 144 is continued under this Act as the register of conduct deeds kept 20 under section 20 of this Act.10 21 9 Section 19 (Conduct deeds) 10 Section 20 (Register of conduct deeds)

 


 

s 18 37 s 18 Consumer Credit Legislation Amendment `(3) An application by the registrar for a court order under the Credit Act 1 1987, section 145 that, at the commencement, had not been decided by the 2 court, is taken to have been made under section 21 of this Act.11 3 `(4) A court order under the Credit Act 1987, section 145 is taken to have 4 been made under section 21 of this Act. 5 `(5) An application by the registrar for a court order under the Credit Act 6 1987, section 147 that, at the commencement, had not been decided by the 7 court, is taken to have been made under section 23 of this Act.12 8 `(6) A court order under the Credit Act 1987, section 147 is taken to be 9 an order made under section 23 of this Act.'. 10 11 11 Section 21 (Court order restraining unjust conduct) 12 Section 23 (Court may make prohibition order)

 


 

38 Consumer Credit Legislation Amendment CHEDULE 1 S ONSEQUENTIAL AND MINOR AMENDMENTS 2 C section 3 3 ILLS OF SALE AND OTHER INSTRUMENTS ACT 4 B 1955 5 1. Schedule 5, section 1(4), after `the Credit Act 1987'-- 6 insert-- 7 `and the Consumer Credit (Queensland) Code, sections 80 and 91'. 8 HIRE-PURCHASE ACT 1959 9 1. Section 2(1), definition "hire-purchase agreement"-- 10 insert-- 11 `(e) that is a credit contract within the meaning of the Consumer 12 Credit (Queensland) Code; or 13 (f) that is a contract for the hire of goods that, under the Consumer 14 Credit (Queensland) Code, section 10(1), is to be regarded as a 15 sale of goods by instalments under the Code.'. 16 2. Section 2(3), from `, except where' to `deemed to be credit sale 17 contracts'-- 18 omit. 19

 


 

39 Consumer Credit Legislation Amendment SCHEDULE (continued) 3. Section 2-- 1 insert-- 2 `(4) However, subsection (3) does not apply if the agreements-- 3 (a) are, or are taken to be, credit sale contracts within the meaning of 4 the Credit Act 1987; or 5 (b) are credit contracts within the meaning of the Consumer Credit 6 (Queensland) Code; or 7 (c) are to be regarded as sales of goods by instalments under the 8 Consumer Credit (Queensland) Code.'. 9 10 State of Queensland 1996

 


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