Western Australian Numbered Acts Western Australian Numbered Acts Part 2 is repealed and
the following Part is inserted instead —
“
Part 2 — Consumer Credit (Western Australia) Code and
Consumer Credit (Western Australia) Code Regulations
5. Application in Western Australia of the
Consumer Credit Code
(1) The Consumer
Credit Code set out in the Appendix to the Consumer Credit (Queensland)
Act 1994 as in force on the commencement of section 6 of the Consumer
Credit (Western Australia) Amendment Act 2003 applies, as if amended as set
out in Part 5 of this Act, as a law of Western Australia.
(2) If the Consumer
Credit Code set out in the Appendix to the Consumer Credit (Queensland) Act
1994 is amended, the Governor may amend the Consumer Credit (Western
Australia) Code by order published in the Gazette .
(3) An order cannot be
made under subsection (2) unless a draft of the order has first been approved
by each House of Parliament.
(4) The provisions
applying because of subsection (1), as amended under subsection (2) (if there
are such amendments), may be cited as the Consumer Credit (Western Australia)
Code .
6. Application of uniform regulations under the
Consumer Credit Code
(1) The regulations in
force under Part 4 of the Consumer Credit (Queensland) Act 1994 on the
commencement of section 6 of the Consumer Credit (Western Australia) Amendment
Act 2003 apply, as if amended as set out in regulations made for the purposes
of this section, as regulations in force for the purposes of the Consumer
Credit (Western Australia) Code.
(2) If the regulations
in force under Part 4 of the Consumer Credit (Queensland) Act 1994 are
amended, the Governor may amend the Consumer Credit (Western Australia) Code
Regulations by order published in the Gazette .
(3) An order may not
be made under subsection (2) unless a draft of the order has first been
approved by each House of Parliament.
(4) The provisions
applying because of subsection (1), as amended under subsection (2) (if there
are such amendments), may be cited as the Consumer Credit (Western Australia)
Code Regulations .
(5) Schedule 2 to
the Consumer Credit (Western Australia) Code applies in relation to the
Consumer Credit (Western Australia) Code Regulations .
6A. Interpretation of certain expressions in the
Consumer Credit (Western Australia) Code and the Consumer Credit (Western
Australia) Code Regulations
(1) Unless the
contrary intention appears, in the Consumer Credit (Western Australia) Code
and the Consumer Credit (Western Australia) Code Regulations —
(a) a
reference to "the Legislature of this jurisdiction” is to be read as a
reference to the Parliament of Western Australia;
(b) a
reference to "the Code" or "this Code” is to be read as a reference to
the Consumer Credit (Western Australia) Code ; and
(c) a
reference to "the jurisdiction" or "this jurisdiction” is to be read as
a reference to Western Australia.
(2) The
Acts Interpretation Act 1954 , and other Acts, of Queensland do not apply
to, or in relation to, the Consumer Credit (Western Australia) Code or the
Consumer Credit (Western Australia) Code Regulations .
6B. Minister to give Queensland Bills and
regulations to the Clerk of each House of Parliament
(1) Within 7 days of
the Minister becoming aware of —
(a) the
introduction into the Legislative Assembly of Queensland of a Bill to amend
the Consumer Credit Code set out in the Appendix to the Consumer Credit
(Queensland) Act 1994 ; or
(b) the
notification in the Queensland Government Gazette of regulations to amend the
regulations in force under Part 4 of the Consumer Credit (Queensland) Act 1994
,
the Minister is to
give a copy of the Bill or regulations to the Clerk of each House of
Parliament.
(2) The Minister is to
use his or her best endeavours to comply with subsection (1) but a failure to
do so does not affect the validity of any other action under this Part.
(3) The Clerk of each
House of Parliament is to give a copy of the Bill or regulations to the
committee or committees of the Parliament whose terms of reference cover
uniform legislation (that is, legislation that gives effect to an
intergovernmental agreement or that is part of a uniform system of laws
throughout the Commonwealth).
(4) A copy of the Bill
or regulations given to the Clerk of a House is to be regarded as having been
laid before that House.
(5) The laying of a
copy of the Bill or regulations that is to be regarded as having occurred
under subsection (4) is to be recorded in the Minutes, or Votes and
Proceedings, of the House on the first sitting day of the House after the
Clerk received the copy.
”.