Consumer credit draft regulations

Treasury has released an exposure draft of the National Consumer Credit Protection Amendment (Financial Sector Reform) Regulations 2023 which will implement the changes made by the Financial Sector Reform Act 2022 to the regulation of small amount credit contracts (SACCs) and consumer leases.

Background.

The matters addressed by the Regulations are as follows:
• adding an additional requirement that licensees verify the financial situation of consumers before entering into a contract with them;
• consumer income requirements for both SACCs and consumer leases for household goods;
• anti-avoidance measures targeted at avoidance purposes relating to credit contracts and product intervention orders;
• the prescription of new civil penalties subject to the National Credit Act infringement notice regime;
• disclosure of information requirements for consumer leases for household goods;
• the calculation method for the base price of goods hired under a consumer lease;
and
• early termination fee principles for consumer leases for household goods.

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David Jacobson

Author: David Jacobson
Principal, Bright Corporate Law
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About David Jacobson
The information contained in this article is not legal advice. It is not to be relied upon as a full statement of the law. You should seek professional advice for your specific needs and circumstances before acting or relying on any of the content.

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