National Consumer Credit Protection Act 2009

CHAPTER 1 - INTRODUCTION  

PART 1-3 - APPLICATION OF THIS ACT AND THE TRANSITIONAL ACT  

Division 3 - Interaction between the Commonwealth credit legislation and State and Territory laws  

SECTION 25   AVOIDING DIRECT INCONSISTENCY BETWEEN COMMONWEALTH AND STATE AND TERRITORY LAWS  
This section overrides other Commonwealth credit legislation

25(1)    
This section has effect despite anything else in the Commonwealth credit legislation.

When this section does not apply to a State or Territory law

25(2)    
This section does not apply to a provision of a law of a referring State or a Territory that is capable of concurrent operation with the Commonwealth credit legislation.

Note:

This kind of provision is dealt with by section 23 .

When this section applies to a State or Territory law

25(3)    
This section applies to the interaction between a provision (the displacement provision ) of a law of a referring State or a Territory and a provision (the Commonwealth provision ) of the Commonwealth credit legislation only if the displacement provision is declared by a law of the State or Territory to be a Commonwealth credit legislation displacement provision for the purposes of this section (either generally or specifically in relation to the Commonwealth provision).

Effect of displacement provision

25(4)   [ Where displacement provision authorises or requires an act]  

The Commonwealth provision does not:

(a) prohibit the doing of an act; or

(b) impose a liability (whether civil or criminal) for doing an act;

if the displacement provision specifically permits, authorises or requires the doing of that act.

25(5)   [ Inconsistency]  

The Commonwealth provision does not operate in or in relation to the State or Territory to the extent necessary to ensure that no inconsistency arises between:

(a) the Commonwealth provision; and

(b) the displacement provision to the extent to which the displacement provision would, apart from this subsection, be inconsistent with the Commonwealth provision.

Note 1:

The displacement provision is not covered by this subsection if subsection (4) applies to the displacement provision: if that subsection applies there would be no potential inconsistency to be dealt with by this subsection.

Note 2:

The operation of the displacement provision will be supported by section 23 to the extent to which it can operate concurrently with the Commonwealth provision.

25(6)   [ Regulations may exclude application]  

Subsections (4) and (5) do not apply in relation to the displacement provision to the extent to which the regulations provide that those subsections do not apply in relation to the displacement provision.