Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

NATIONAL CONSUMER CREDIT PROTECTION ACT 2009 - SECT 26

Regulations to deal with interaction between laws

  (1)   The regulations may modify the operation of the Commonwealth credit legislation so that:

  (a)   provisions of the Commonwealth credit legislation do not apply to a matter that is dealt with by a law of a referring State or a Territory specified in the regulations; or

  (b)   no inconsistency arises between the operation of a provision of the Commonwealth credit legislation and the operation of a provision of a law of a referring State or a Territory specified in the regulations.

  (2)   Without limiting subsection   (1), regulations made for the purposes of that subsection may provide that a provision of the Commonwealth credit legislation:

  (a)   does not apply to:

  (i)   a person specified in the regulations; or

  (ii)   a body specified in the regulations; or

  (iii)   circumstances specified in the regulations; or

  (iv)   a person or body specified in the regulations in the circumstances specified in the regulations; or

  (b)   does not prohibit an act to the extent to which the prohibition would otherwise give rise to an inconsistency with a law of a referring State or a Territory; or

  (c)   does not require a person to do an act to the extent to which the requirement would otherwise give rise to an inconsistency with a law of a referring State or a Territory; or

  (d)   does not authorise a person to do an act to the extent to which the conferral of that authority on the person would otherwise give rise to an inconsistency with a law of a referring State or a Territory; or

  (e)   does not impose an obligation on a person to the extent to which complying with that obligation would require the person not to comply with an obligation imposed on the person under a law of a referring State or a Territory; or

  (f)   authorises a person to do something for the purposes of the Commonwealth credit legislation that the person:

  (i)   is authorised to do under a law of a referring State or a Territory; and

  (ii)   would not otherwise be authorised to do under the Commonwealth credit legislation; or

  (g)   will be taken to be satisfied if a law of a referring State or a Territory is satisfied.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback