Proclamation under the Consumer Credit (Tasmania) Act 1996

Proclamation under the Consumer Credit (Tasmania) Act 1996

I, the Lieutenant-Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, by this my proclamation made under section 6(2) of the Consumer Credit (Tasmania) Act 1996 declare that –

(a) the Consumer Credit (Tasmania) Regulations are amended as provided by Part 2 of Schedule 1 to this proclamation; and

(b) this proclamation takes effect on the day on which its making is notified in the Gazette.

31 July 2006

Peter G. Underwood

Lieutenant-Governor

By His Excellency's Command,

Steven Kons

Minister for Justice and Workplace Relations

SCHEDULE 1 - Amendments to Consumer Credit (Tasmania) Regulations

PART 1 - Preliminary

1.   Object

The object of this Schedule is to amend the Consumer Credit (Tasmania) Regulations in conformity with the Consumer Credit (Charge Card) Amendment Regulation (No. 1) 2005 of Queensland.

PART 2 - Amendments to Consumer Credit (Tasmania) Regulations

2.   Insertion of new s 6J

After section 6I –

insert

6J.   Charge card contracts – exemption of certain contracts from Code

(1) The Code does not apply to the provision of credit under a charge card contract made available by one of the following credit providers:

Bullet American Express Australia Limited ACN 108 952 085

Bullet American Express International Inc. ARBN 000 618 208

Bullet Diners Club Pty Limited ACN 004 343 051

Bullet Motorcharge Ltd ACN 008 962 132.

Examples –

Bullet american express platinum card

Bullet diners club personal card

Bullet motorcharge card

(2) In subsection (1) –

charge card contract means a credit contract under which –

(a) credit is ordinarily obtained by the use of a card; and

(b) multiple advances of credit are contemplated; and

(c) the provision of an advance of credit is limited to a total period of not more than 62 days; and

(d) monthly or other periodic statements of account are provided to the debtor; and

(e) liquidated damages or charges for late payment are payable by the debtor if the debtor does not repay an advance of credit mentioned in a monthly or other periodic statement of account within a stated period.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 9 August 2006

This proclamation is administered in the Department of Justice.

EXPLANATORY NOTE

(This note is not part of the proclamation)

This proclamation amends the Consumer Credit (Tasmania) Regulations in conformity with the Consumer Credit (Charge Card) Amendment Regulation (No. 1) 2005 of Queensland.