State Consumer Credit Code Information
Western Australia

Up until July 2003 Western Australia's Consumer Credit Code was enacted as "alternative but consistent" legislation rather than by adopting the "template" Code. From 9 July 2003, as a result of amendments to the Consumer Credit (Western Australia) Act 1996, the template Code applies as a law in WA. However, in line with the Tasmanian model, subsequent amendments made to the template Code in Queensland, only apply as a law in WA following an Order being published in the Gazette by the Governor. The Order cannot be made unless each House of Parliament has first approved a draft of the Order.

• Specific Western Australian Provisions
• Licencing of Credit Providers
• WA Department of Consumer and Employment Protection Web Site

Specific Western Australian Provisions

In Western Australia the Consumer Credit Code was enacted as "alternative but consistent" legislation rather than by adopting the "template" Code.

There are some differences that WA has retained in relation to the way some aspects of the template Code apply in WA:

Guarantees - section 53(1)

• In Western Australia, the right of a prospective guarantor to withdraw is only permitted if the debtor terminates the credit contract which relies on the availability of the credit the subject of the guarantee.

  Under the template, a guarantor can withdraw at any time before the credit that is being guaranteed has been provided. The form that has to be given to a potential guarantor reflects the different requirements.

  Applying to Government Consumer Agency for assistance section 66 (1a)

• Section 66(1a) enables consumers in WA to apply to a Government Consumer
  Agency for assistance in negotiating a change in the terms of a credit
  contract with a credit provider where the consumer is experiencing genuine
  short-term hardship (i.e.. illness or unemployment).

Civil penalties - Part 6

• Section 101(2) of the Western Australian legislation prevents a debtor or guarantor from applying for a civil penalty only if the contract is already subject to a civil penalty application in Western Australia.

  Under the template legislation the prohibition applies if the contract is subject to an application anywhere in Australia.

• Declarations and penalty orders under sections 102 and 105 of the template legislation made outside Western Australia may not apply automatically in Western Australia.

  A separate application to the Western Australian Tribunal may be needed.

  Maximum interest rate

• No maximum interest rate has been prescribed for Western Australia.

  
  More Information?
  Publications on Consumer Credit are accessible at the WA Department of Consumer and Employment Protection website.

  
  

  Licensing of Credit Providers

  A person who, in the course of a business, provides credit regulated by the Consumer Credit (Western Australia) Code must hold a Credit Providers Licence under the Credit (Administration) Act 1984.

  Credit providers exempt from licensing include; the Crown, banks, building societies, credit unions, insurers (when incidental to insurance), pawnbrokers and pastoral finance companies.

  Contact the Western Australian Department of Consumer and Employment Protection for more information.

  
  

Disclaimer

Disclaimer: The information provided in this web site is of a general nature only and does not replace the Code itself. You should obtain your own copy of the Code and seek independent legal advice if you believe you are affected by the Code.

The Government Consumer Agencies assume no responsibility or liability in relation to anyone acting in reliance on the information provided on or linked to this site.