Treasury Laws Amendment (Strengthening Corporate and Financial Sector Penalties) Act 2019 (17 of 2019)

Schedule 3   Amendment of the National Consumer Credit Protection Act 2009

Part 4   Application and transitional provisions

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

50   In the appropriate position

Insert:

Schedule 8 - Application and transitional provisions for the Treasury Laws Amendment (Strengthening Corporate and Financial Sector Penalties) Act 2019

Part 1 - Definitions

1 Definitions

In this Schedule:

amending Act means the Treasury Laws Amendment (Strengthening Corporate and Financial Sector Penalties) Act 2019.

commencement day means the day on which Schedule 3 to the Treasury Laws Amendment (Strengthening Corporate and Financial Sector Penalties) Act 2019 commences.

Part 2 - Application and transitional provisions

2 Application - offences

Subject to this Part, the amendments made by Schedule 3 to the amending Act apply in relation to the commission of an offence if the conduct constituting the commission of the offence occurs wholly on or after the commencement day.

3 Application - civil penalties

Subject to this Part, the amendments made by Schedule 3 to the amending Act apply in relation to the contravention of a civil penalty provision if the conduct constituting the contravention of the provision occurs wholly on or after the commencement day.

4 Application - infringement notices

(1) An infringement notice may be given on or after the commencement day under section 288J of the Act, as inserted by item 19 of Schedule 3 to the amending Act, in relation to an alleged contravention of a provision whether the alleged contravention occurred before, on or after the commencement day.

(2) Despite the repeal of section 331 of the National Consumer and Credit Protection Act 2009 by item 21 of Schedule 3 to the amending Act, and regulations made under that section, the Act continues to apply in relation to notices given under those regulations before the commencement day as if that section and regulations had not been repealed.