Tasmanian Bills Clause Notes

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CREDIT (COMMONWEALTH POWERS) BILL 63 OF 2009

                             CLAUSE NOTES
           CREDIT (COMMONWEALTH POWERS) BILL 2009

Clause 1   Short Title

           The Act is referred to as the Credit (Commonwealth Powers) Bill 2009

Clause 2   Commencement

           The Act commences on a day to be proclaimed.

Clause 3   Section 3 (Interpretation)

           Defines a number of terms used in the Bill. Of particular note are:

           " initial r efer ence" means the `National Credit legislation'.
           " amendment r efer ence" means the reference in s4(1)(b).

           " National Cr edit legislation" (NCL ) means the two Commonwealth
           Acts enacted in the terms, or substantially in the terms, of the tabled
           text set out as:
           (a) the National Consumer Credit Protection Bill 2009; and
           (b) the National Consumer Credit Protection (Transitional and
               Consequential Provisions) Bill 2009

           The " tabled text" means the text of these Bills as tabled in the
           Commonwealth Parliament (House of Assembly).


Clause 4   Reference of matters
           Clause 4(1) refers the following matters to the Commonwealth:
           (a) the `initial reference' ­ this is largely the NCL.
           (b) a `referred credit matter'. This allows amendments of a minor or
               consequential nature to be made to the NCL without recourse back
               to the State parliaments.
           While some jurisdictions are concerned at the scope of this referral,
           the referral is limited by the definition of `express amendment' in
           Clause 3 and statement of intent in the Intergovernmental Agreement
           underpinning the legislation.

Clause 5   Termination of references

           The Governor of Tasmania may terminate by proclamation the above
           referrals, including the amendment capacity under s4(1)(b) to amend the NCL.

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CLAUSE NOTES CREDIT (COMMONWEALTH POWERS) BILL 2009 Clause 6 Effect of Termination of amendment reference before initial reference If the `amendment reference' terminates before the termination of the initial reference ­ this termination will not affect any laws made under that amendment reference. nor the continued operation of the National Credit Legislation. Clause 7 Evidence A certificate of the Clerk of the House of Assembly certifying that a document is an accurate copy of the tabled text, or of a part or provision, is admissible as evidence in any proceeding. Clause 8 Administration of the Act With respect to administration of the Act, administration is assigned to the Minister for Corrections and Consumer Affairs and the Department of Justice, until provision is made under section 4 of the Administrative Arrangements Act 1990. 2

 


 

 


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