Commonwealth Coat of Arms of Australia

National Consumer Credit Protection (Fees) Amendment (Registries Modernisation) Act 2020

No. 68, 2020

An Act to amend the National Consumer Credit Protection (Fees) Act 2009, and for related purposes

[Assented to 22 June 2020]

The Parliament of Australia enacts:

This Act is the National Consumer Credit Protection (Fees) Amendment (Registries Modernisation) Act 2020.

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table	The day this Act receives the Royal Assent.	22 June 2020
2. Schedule 1	A day or days to be fixed by Proclamation. However, if any of the provisions do not commence within the period of 24 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.	22 June 2022

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3 Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

National Consumer Credit Protection (Fees) Act 2009

1 Subsection 4(1) (paragraph (b) of the definition of chargeable matter)

After “maintained”, insert “by ASIC”.

2 Subsection 4(1) (after paragraph (b) of the definition of chargeable matter)

Insert:

(ba) the inclusion of information in a record maintained by the Registrar under either of those Acts;

3 Subsection 4(1) (after paragraph (c) of the definition of chargeable matter)

Insert:

(ca) the inspection or search of a record maintained or information held by the Registrar under either of those Acts;

4 Subsection 4(1) (paragraph (d) of the definition of chargeable matter)

After “ASIC”, insert “or the Registrar”.

5 Subsection 4(1) (after paragraph (e) of the definition of chargeable matter)

Insert:

(ea) the production by the Registrar, under a subpoena, of a record maintained or information held by the Registrar for the purposes of either of those Acts;

6 Subsection 4(1) (paragraph (f) of the definition of chargeable matter)

Omit “or ASIC”, substitute “, ASIC or the Registrar”.

7 Subsection 4(1) (paragraph (g) of the definition of chargeable matter)

Omit “or ASIC”, substitute “ASIC or the Registrar”.

8 After paragraph 9(b)

Insert:

(ba) for a chargeable matter referred to in paragraph (ba) of that definition:

(i) person liable—the person who requests inclusion of the information in the record, or if there is no request, the person who provides the information; and

(ii) time liability incurred—when the request for inclusion of the information in the record is made, or if there is no request, when the information is provided;

9 Paragraph 9(c)

After “paragraph (c)”, insert “or (ca)”.

10 Paragraph 9(e)

After “paragraph (e)”, insert “or (ea)”.

11 At the end of subparagraph 9(e)(ii)

Add “or the Registrar”.

[Minister’s second reading speech made in—

House of Representatives on 4 December 2019

Senate on 13 February 2020]

(241/19)