Credit code reform details

The Assistant Treasurer has released further details of the implementation of phase one and two of credit code reform:

Phase one

  • Enacting the existing State legislation, the Uniform Consumer Credit Code (UCCC), into Commonwealth legislation.
  • Establishing a national licensing regime to require providers of consumer credit and credit-related brokering services and advice to obtain a licence from ASIC.
  • Extending the powers of the Australian Securities and Investment Commission (ASIC) to be the sole regulator of the new national credit framework with enhanced enforcement powers.
  • Requiring licensees to observe a number of general conduct requirements including responsible lending practices.
  • Requiring mandatory membership of an external dispute resolution (EDR) body by all providers of consumer credit and credit-related brokering services and advice.
  • Extending the scope of credit products covered by the UCCC to regulate the provision of consumer mortgages over residential investment properties.
  • Extending the operation of the Corporations Act to regulate margin lending.
  • Regulation of trustee corporations.

Phase One legislation in place by mid 2009.

Phase two

  • Enhancements to specific conduct obligations to stem unfavourable lending practices, such as a review of credit card limit extension offers, an examination of State approaches to interest rate caps; and other fringe lending issues as they arise.
  • Regulation of the provision of credit for small businesses.
  • Regulation of investment loans other than margin loans and mortgages for residential investment properties.
  • Reform of mandatory comparison rates and default notices.
  • Enhancements to the regulation and tailored disclosure of reverse mortgages.
  • Examination of remaining existing State and Territory reform projects.

Phase Two legislation in place by mid 2010.

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