National Consumer Credit Protection (Fees) Amendment Regulations 2010 (No. 1)1
Select Legislative Instrument 2010 No. 106
I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the National Consumer Credit Protection (Fees) Act 2009.
Dated 20 May 2010
QUENTIN BRYCE
Governor-General
By Her Excellency’s Command
CHRIS BOWEN
Minister for Financial Services, Superannuation and Corporate Law
Contents
1 Name of Regulations
2 Commencement
3 Amendment of National Consumer Credit Protection (Fees) Regulations 2010 — Schedule 1
4 Amendment of National Consumer Credit Protection (Fees) Regulations 2010 — Schedule 2
Schedule 1 Amendments taken to have commenced on 1 April 2010
Schedule 2 Amendments commencing on 1 July 2010
1 Name of Regulations
These Regulations are the National Consumer Credit Protection (Fees) Amendment Regulations 2010 (No. 1).
These Regulations commence, or are taken to have commenced, as follows:
(a) on 1 April 2010 — regulations 1 to 3 and Schedule 1;
(b) on 1 July 2010 — regulation 4 and Schedule 2.
Note 1 April 2010 was the day on which the National Consumer Credit Protection (Fees) Regulations 2010 commenced.
3 Amendment of National Consumer Credit Protection (Fees) Regulations 2010 — Schedule 1
Schedule 1 amends the National Consumer Credit Protection (Fees) Regulations 2010.
4 Amendment of National Consumer Credit Protection (Fees) Regulations 2010 — Schedule 2
Schedule 2 amends the National Consumer Credit Protection (Fees) Regulations 2010.
Schedule 1 Amendments taken to have commenced on 1 April 2010
(regulation 3)
[1] Regulation 3, after definition of registered person
insert
sole trader means:
(a) a natural person; or
(b) a person (other than a natural person) that has only 1 representative that engages in credit activities on its behalf.
[2] Before subregulation 4 (1)
insert
Application
(1A) Subregulations (1) to (3) apply on and after 1 July 2010.
[3] Before subregulation 5 (1)
insert
Application
(1A) Subregulations (1) and (2) apply on and after 1 July 2010.
Schedule 2 Amendments commencing on 1 July 2010
(regulation 4)
[1] Schedule 1, item 1.1, column 3, paragraph (d)
after
preceding financial year
insert
; and
[2] Schedule 1, item 1.1, column 3, after paragraph (d)
insert
(e) the total amount of rent payable by consumers under consumer leases submitted by the applicant to lessors in the preceding financial year which have resulted in a consumer lease being made |
[3] Schedule 1, after item 1A.2
insert
1A.2A | more than $199 999 999 | the fee that would apply to the sum if any of items 1A.4 to 1A.9 applied |
[4] Schedule 1, item 2.5
substitute
2.5 | Lodgment of a person’s credit books, or giving ASIC other information, under subsection 51 (4) of the National Credit Act | no fee |
[5] Schedule 1, after item 2.23
insert
2.23A | Lodgment of particulars of a change in a matter under subregulation 9A (2) of the National Credit Regulations | no fee |
2.23B | Notification of an address under paragraph 29 (6) (a) of the National Credit Regulations | no fee |
2.23C | Notification of a change of address under paragraph 29 (6) (b) of the National Credit Regulations | no fee |
2.23D | Notification of an address under paragraph 30A (3) (a) of the National Credit Regulations | no fee |
2.23E | Notification of a change of address under paragraph 30A (3) (b) of the National Credit Regulations | no fee |
2.23F | Notification of particulars of an appointment under section 75 of the Act as modified in accordance with Schedule 2 to the National Credit Regulations | no fee |
2.23G | Notification of particulars of an appointment under section 76 of the Act as modified in accordance with Schedule 2 to the National Credit Regulations | no fee |
Chargeable matters under the National Consumer Credit Protection (Transitional and Consequential Provisions) Regulations 2010 | ||
2.23H | Lodgment of particulars of a change under subregulation 10 (2) of the Transitional Regulations | no fee |
2.23I | Lodgment of particulars of a change under subregulation 10 (3) of the Transitional Regulations | no fee |
2.23J | Lodgment of particulars of a change in control under subregulation 10 (10) of the Transitional Regulations | no fee |
Note
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.