Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Schedule:
amending Act means the Consumer Credit Legislation Amendment (Enhancements) Act 2012 .
Part 2 -- Schedule 1 (enhancements) to the amending Act
2 Section 128 of the National Credit Act
The amendments of section 128 of the National Credit Act made by Schedule 1 to the amending Act apply in relation to representations made on or after the commencement of that Schedule.
3 Section 180A of the National Credit Act
Section 180A of the National Credit Act, as inserted by Schedule 1 to the amending Act, applies in relation to credit services provided on or after the commencement of that Schedule.
4 Sections 32 and 40 of the new Credit Code
The amendments of sections 32 and 40 of the new Credit Code made by Schedule 1 to the amending Act apply in relation to credit contracts entered into on or after the commencement of that Schedule.
5 Sections 72, 73, 74 and 88 of the new Credit Code
The amendments of sections 72, 73, 74 and 88 of the new Credit Code made by Schedule 1 to the amending Act apply in relation to credit contracts made on or after the commencement of that Schedule.
5A Sections 72 and 73 of the new Credit Code
Item applies to credit contracts and consumer leases entered into before 1 March 2013
(1) This item applies in relation to a credit provider and a debtor under a credit contract (within the meaning of the new Credit Code):
(a) entered into before 1 March 2013; and
(b) for which the debtor applied to the credit provider in accordance with former subsections 72(1) and (2) of the new Credit Code (as in force before 1 March 2013).
(2) This item also applies in relation to a lessor and a lessee under a consumer lease (within the meaning of the new Credit Code):
(a) entered into before 1 March 2013; and
(b) for which the lessee applied to the lessor in accordance with former subsections 72(1) and (2), and former section 177, of the new Credit Code (as in force before 1 March 2013);
in a corresponding way to the way this item applies to a credit provider and debtor under a credit contract.
Note: Former section 177 of the new Credit Code (as in force before 1 March 2013) has the effect that former sections 72 and 73 of that Code apply to consumer leases in the same way as they apply to credit contracts.
Notice requirements for changes to a credit contract or a consumer lease on grounds of hardship do not apply in certain circumstances
(4) Former subsection 72(3) of the new Credit Code (as in force before 1 March 2013) does not apply if the credit provider and the debtor agree to a change to the credit contract that defers or otherwise reduces the obligations of the debtor under that contract for a period not exceeding 90 days.
(5) Former subsection 73(1) of the new Credit Code (as in force before 1 March 2013) does not apply if the credit provider and the debtor agree to a change to the credit contract that defers or otherwise reduces the obligations of the debtor under that contract for a period not exceeding 90 days.
6 Section 89A of the new Credit Code
Section 89A of the new Credit Code, as inserted by Schedule 1 to the amending Act, applies in relation to credit contracts, mortgages and guarantees entered into on or after the commencement of that Schedule.
7 Section 94 of the new Credit Code
The amendments of section 94 of the new Credit Code made by Schedule 1 to the amending Act apply in relation to credit contracts, mortgages and guarantees entered into on or after the commencement of that Schedule.
8 Section 124 of the new Credit Code
The amendments of section 124 of the new Credit Code made by Schedule 1 to the amending Act apply in relation to applications made on or after the commencement of that Schedule, whether the contraventions occurred before, on or after that commencement.
Part 3 -- Schedule 2 (reverse mortgages) to the amending Act
9 Subsections 179(6) and (7) of the National Credit Act
Subsections 179(6) and (7) of the National Credit Act, as added by item 11 of Schedule 2 to the amending Act, apply in relation to credit contracts entered into on or after the commencement of that item.
10 Subsection 17(15A) of the new Credit Code
Subsection 17(15A) of the new Credit Code, as inserted by item 12 of Schedule 2 to the amending Act, applies in relation to credit contracts entered into on or after the commencement of that item.
11 Section 18A of the new Credit Code
Section 18A of the new Credit Code, as inserted by item 13 of Schedule 2 to the amending Act, applies to entry into, and changes to, credit contracts on or after the commencement of that item.
12 Subsection 26(6) of the new Credit Code
Subsection 26(6) of the new Credit Code, as added by item 15 of Schedule 2 to the amending Act, applies in relation to credit contracts entered into on or after the commencement of that item.
13 Section 33 of the new Credit Code
The amendments of section 33 of the new Credit Code made by items 16 and 17 of Schedule 2 to the amending Act apply to credit contracts entered into before, on or after the commencement of those items.
14 Section 67A of the new Credit Code
Section 67A of the new Credit Code, as inserted by item 18 of Schedule 2 to the amending Act, applies in relation to credit contracts entered into on or after the commencement of that item.
15 Subdivision B of Division 1 of Part 5 of the new Credit Code
Subdivision B of Division 1 of Part 5 of the new Credit Code, as inserted by item 20 of Schedule 2 to the amending Act, applies in relation to credit contracts and mortgages entered into on or after the commencement of that item.
16 Subsections 88(1) and (2) of the new Credit Code
The amendment of subsections 88(1) and (2) of the new Credit Code made by item 21 of Schedule 2 to the amending Act applies to credit contracts and mortgages entered into before, on or after the commencement of that item.
17 Subsections 88(7A) and (7B) of the new Credit Code
Subsections 88(7A) and (7B) of the new Credit Code, as inserted by item 22 of Schedule 2 to the amending Act, apply in relation to credit contracts and mortgages entered into on or after the commencement of that item.
18 Section 93A of the new Credit Code
Section 93A of the new Credit Code, as added by item 23 of Schedule 2 to the amending Act, applies in relation to credit contracts and mortgages entered into on or after the commencement of that item.
19 Section 185A of the new Credit Code
Section 185A of the new Credit Code, as inserted by item 26 of Schedule 2 to the amending Act, applies in relation to credit contracts entered into on or after the commencement of that item.
Part 4 -- Schedule 3 (short - term and small amount credit contracts) to the amending Act
20 Paragraphs 124A(1)(b) and 133CA(1)(b) of the National Credit Act
Paragraphs 124A(1)(b) and 133CA(1)(b) of the National Credit Act, as inserted by Schedule 3 to the amending Act, apply in relation to short - term credit contracts entered into before, on or after the commencement of that Schedule.
Part 5 -- Schedule 4 (caps on costs etc. for credit contracts) to the amending Act
21 Sections 23A, 31A, 31B, 39A, 39B and 39C and subsection 114(1A) of the new Credit Code
Sections 23A, 31A, 31B, 39A, 39B and 39C and subsection 114(1A) of the new Credit Code, as inserted by Schedule 4 to the amending Act, apply in relation to small amount credit contracts entered into on or after the commencement of that Schedule.
21A Section 32AA and paragraphs 111(1)(k) and (2)(fb) of the new Credit Code
Section 32AA and paragraphs 111(1)(k) and (2)(fb) of the new Credit Code, as inserted by Schedule 4 to the amending Act, apply in relation to credit contracts entered into on or after the commencement of that Schedule.
Part 6 -- Schedule 5 (consumer leases) to the amending Act
22 Subsection 199(2) of the National Credit Act
The amendments of subsection 199(2) of the National Credit Act made by Schedule 5 to the amending Act apply in relation to consumer leases entered into on or after the commencement of that Schedule.
23 Part 11 of the new Credit Code
The amendments in relation to Part 11 of the new Credit Code made by Schedule 5 to the amending Act apply in relation to consumer leases entered into on or after the commencement of that Schedule.