National Consumer Credit Protection Act 2009

CHAPTER 3 - RESPONSIBLE LENDING CONDUCT  

PART 3-2B - LICENSEES THAT ARE CREDIT PROVIDERS UNDER CREDIT CONTRACTS: ADDITIONAL RULES RELATING TO CREDIT CARD CONTRACTS  

Division 2 - Credit card contracts and related concepts  

SECTION 133BA   MEANING OF CREDIT CARD CONTRACT ETC.  


Meaning of credit card contract

133BA(1)    
A credit card contract is a continuing credit contract under which credit is ordinarily obtained only by the use of a credit card.

Meaning of credit card

133BA(2)    
A credit card is:


(a) a card of a kind commonly known as a credit card; or


(b) a card of a kind that persons carrying on business commonly issue to their customers, or prospective customers, for use in obtaining goods or services from those persons on credit; or


(c) anything else that may be used as a card referred to in paragraph (a) or (b).

Meaning of linked to a credit card contract

133BA(3)    
A credit card is linked to a credit card contract if:


(a) the credit card is issued under or in relation to the contract; and


(b) the credit card can be used to obtain credit under the contract as referred to in subsection (1).

Meaning of use of a credit card

133BA(4)    
A reference to the use of a credit card to obtain cash, goods or services includes a reference to the use or provision of the number of the credit card to obtain cash, goods or services.

Articles that can be used as credit cards and in other ways

133BA(5)    
If a credit card can also be used in other ways (for example, as a debit card, or to access other accounts):


(a) the article is a credit card (despite the fact that it can also be used in those other ways); but


(b) the provisions of this Act that are expressed to apply in relation to credit cards do not apply to the article in so far as it can be used in those other ways.


 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.