National Consumer Credit Protection (Transitional and Consequential Provisions) Act 2009 (135 of 2009)

Schedule 1   Transition from the old Credit Codes to the National Credit Act

Part 3   Application of the National Credit Act (other than the new Credit Code) and Schedule 2 to this Act

Division 1   Application of the National Credit Act (other than Chapter 3 and the new Credit Code)

18   Treatment of contracts or other instruments made before commencement

(1) The National Credit Act (other than Chapter 3 and the new Credit Code) does not apply in relation to a contract or other instrument that was made before commencement.

Note 1: See item 19 for the application of Chapter 3 (which deals with responsible lending conduct) of the National Credit Act.

Note 2: See items 2A and 3 for the application of the new Credit Code.

(2) Despite subitem (1), the regulations may provide for the application of all or specified provisions of the National Credit Act to a person (including the licensing of that person) in relation to credit activities engaged in on or after commencement in relation to a carried over instrument.

(3) Despite subitem (1), Part 4-3 of the National Credit Act (which deals with the jurisdiction and procedure of courts) applies to proceedings brought under the new Credit Code after commencement in relation to a carried over instrument.

(4) Despite subitem (1), regulations made under section 329 of the National Credit Act for the purposes of section 330 of that Act or the new Credit Code may make provision in relation to proceedings brought after commencement in relation to a carried over instrument.