Bill Shorten (Maribyrnong, Australian Labor Party, Assistant Treasurer) Share this | Hansard source

I move government amendments (2) to (10) together.

An opposition member: We've done that.

I ask leave of the House to move government amendments (1), (11) and (12) together.

Leave granted.

I move:

(1)   Clause 2, page 2 (table item 2), omit the table item, substitute:

(11)   Schedule 2, item 1, page 30 (line 10), after "Application", insert "and Transitional".

[pre-commencement consents for credit limit increase invitations]

(12)   Schedule 2, item 1, page 30 (after line 25), at the end of Part 1 of Schedule 4, add:

3 Pre-commencement consents for credit limit increase invitations

(1)   Subject to subitem (2), if:

(a)   before commencement, a licensee who is the credit provider under a credit card contract obtained express consent, from the consumer who is the debtor under the contract, to the licensee making credit limit increase invitations; and

(b)   the consent is expressed to relate to any credit limit increase invitations that the licensee may, from time to time, make to the consumer; and

(c)   before obtaining the consumer's consent, the licensee informed the consumer of the matters mentioned in paragraphs 133BF(4)(a), (b) and (c) of the amended Act; and

(d)   the consumer did not withdraw the consent before commencement;

then, for the purposes of Division 4 of Part 3-2B of the amended Act, the licensee is taken to have obtained the consent under, and in accordance with, section 133BF of the amended Act.

Note:   The consumer may, after commencement, withdraw the consent in accordance with section 133BF of the amended Act.

(2)   Section 133BG of the amended Act does not apply in relation to the consent, so far as that section would otherwise require a record of the consent to be kept. However that section does apply in relation to a withdrawal of the consent after commencement.

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