Document ID: chunk:federal_register_of_legislation:F2024C00882:reg:23a:p1
Version: federal_register_of_legislation:F2024C00882
Segment Type: reg
Provision Reference: reg 23A (pt 1/2)
Character Range: 107125–109745

23A  Persons exempt from requiring a licence—suppliers of goods or services with branded or co‑branded credit card
 (1) For the purposes of paragraph 110(1)(a) of the Act, this regulation exempts certain persons engaging in a credit activity from:
 (a) section 29 of the Act; and
 (b) definitions in the Act as they apply to references in the provision mentioned in paragraph (a); and
 (c) instruments made for the purpose of any of the provisions mentioned in paragraphs (a) and (b).
Note: Section 29 of the Act provides that a person must not engage in a credit activity if the person does not hold a licence authorising the person to engage in the credit activity.
 (2) The person is exempted only to the extent that the person is engaging in the specified credit activity in relation to a continuing credit contract under which a credit card is provided.
Note: If the person also engages in a credit activity that is not the subject of an exemption under the Act or the Transitional Act, the person is not exempted in relation to that credit activity.
 (3) The person is exempted if:
 (a) the person is:
 (i) a supplier of goods or services; or
 (ii) a related body corporate of a supplier of goods or services; or
 (iii) engaging in a credit activity on behalf of the supplier of goods or services; and
 (b) the person meets the requirements of subregulation (4) or (5).
 (4) For paragraph (3)(b), the requirements are that the person is performing the obligations or exercising the rights of a credit provider in relation to a credit contract or proposed credit contract:
 (a) on behalf of the credit provider who is a linked credit provider of the supplier and is a licensee, registered person or exempt special purpose funding entity; and
 (b) in relation to a continuing credit contract under which a credit card is:
 (i) provided or would be provided if the contract were entered into; and
 (ii) branded or co‑branded with the name of the supplier or a related body corporate of the supplier or any other words, phrases, initials or logo associated with the supplier or related body corporate.
 (5) For paragraph (3)(b), the requirements are that the person is providing credit services in relation to a continuing credit card contract under which a credit card is provided or would be provided if the contract were entered into and the:
 (a) credit provider for the continuing credit contract is a linked credit provider of the supplier and is a licensee, registered person or exempt special purpose funding entity; and
 (b) credit card is branded or co‑branded with the name of the supplier or a related body