3 Definitions
(1) In this Act:
client of a finance broker is the person on behalf of whom consumer credit is to be obtained or is obtained (whether or not for commission) by the finance broker.
commission includes any fee, charge, reward or other remuneration (whether or not monetary and whether characterised as a termination fee or otherwise) that is:
(a) paid or payable by the client of a finance broker for or in respect of finance broking engaged in by the finance broker on behalf of the client, and
(b) retained by the finance broker.
consumer credit means credit to which any consumer credit legislation applies, and includes arrangements under a consumer lease as defined in the Consumer Credit (New South Wales) Code.
consumer credit legislation means the following Acts and the regulations made under them:
(a) this Act,
(b) the Consumer Credit (New South Wales) Act 1995 (including the Consumer Credit (New South Wales) Code),
(c) the Credit Act 1984,
(d) (Repealed)
(e) the Credit (Home Finance Contracts) Act 1984.
credit application fee or credit establishment fee means a fee charged by a credit provider, or a person or body authorised to act on behalf of a credit provider, for determining an application for consumer credit or the initial administrative costs of providing consumer credit, or both.
credit provider means a credit provider under any consumer credit legislation and include a prospective credit provider.
debtor means a debtor under any consumer credit legislation and includes a prospective debtor.
director of a corporation has the same meaning as it has in the Corporations Act 2001 of the Commonwealth.
Director-General means the Director-General of the Department of Fair Trading holding office as such under Part 2 of the Public Sector Management Act 1988.
disciplinary action means any of the following actions the Director-General is empowered to take:
(a) requesting that a credit provider or finance broker execute a deed giving undertakings (under section 14),
(b) issuing a notice to show cause (under section 15),
(c) reprimanding a credit provider or finance broker (under section 18 (2) (a)),
(d) ordering a credit provider or finance broker to rectify the consequences of unjust conduct within a specified period (under section 18 (2) (b)),
(e) ordering a credit provider or finance broker to comply with a requirement within a specified period (under section 18 (2) (c)),
(f) making a prohibition order (under section 19 or 20).
engages in finance broking—see subsection (3).
exercise a function includes perform a duty.
finance broker means a person who engages in finance broking.
finance broking contract means a contract between a finance broker and a client under which the finance broker agrees to engage in finance broking on behalf of the client.
function includes a power, authority or duty.
officer of a corporation has the same meaning as it has in the Corporations Act 2001 of the Commonwealth.
official means:
(a) a public servant, or
(b) a person of a class prescribed by the regulations.
premises means any place, vehicle or vessel.
prohibition order means a prohibition order made under Division 3 of Part 3 and in force.
secured—see subsection (4).
Tribunal means the Consumer, Trader and Tenancy Tribunal established by the Consumer, Trader and Tenancy Tribunal Act 2001.
unjust conduct means conduct:
(a) that is unfair, dishonest or fraudulent, or
(b) that consists of anything done or omitted to be done in breach of contract, whether or not proceedings in respect of the breach have been brought, or
(c) that consists of a contravention of any consumer credit legislation.
valuation fee means a fee for a valuation obtained in respect of any security to be offered for a contract for consumer credit.
(2) For the purposes of this Act, a person provides consumer credit if the person:
(a) provides the credit in the course of a business of providing consumer credit or as part of or incidentally to any other business of the person, or
(b) is involved in the taking of a mortgage, or the taking of a guarantee, to which any consumer credit legislation applies.
(3) For the purposes of this Act, a person engages in finance broking if the person (“the intermediary”) acts, or purports to act, as an intermediary to negotiate and obtain consumer credit for a person (other than the intermediary’s employer, or a principal who is not a client of the intermediary) in return for a commission or financial benefit, whether payable to the intermediary by the person, the credit provider or any other person or body.
(4) For the purposes of this Act, consumer credit is secured for a client when the credit provider has made a final determination regarding the credit application and is prepared to provide the client with the consumer credit sought. | 
