National Consumer Credit Protection Act 2009

CHAPTER 1 - INTRODUCTION  

PART 1-2 - DEFINITIONS  

Division 3 - Definitions relating to the meaning of credit activity  

SECTION 10   ASSIGNEES OF CREDIT PROVIDERS, LESSORS, MORTGAGEES AND BENEFICIARIES OF A GUARANTEE  

10(1)   [ Interpretation]  

For the purposes of this Act (other than the National Credit Code), a person is a credit provider, lessor, mortgagee or beneficiary of a guarantee whether the person is:


(a) the original credit provider, lessor, mortgagee or beneficiary of a guarantee under a credit contract, consumer lease, mortgage or guarantee; or


(b) a person to whom the rights of a credit provider, lessor, mortgagee or beneficiary of a guarantee under a credit contract, consumer lease, mortgage or guarantee have been assigned or passed by law.

Note:

For example, a person who is assigned the rights of a credit provider under a credit contract would engage in a credit activity within the meaning of paragraph (a) of item 1 of the table in subsection 6(1) .

10(2)   [ Assignment or passing by law of rights]  

For the purposes of paragraph (1)(b), it does not matter whether an assignment or passing by law of rights is the first or a subsequent assignment or passing by law of those rights.


 

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