New consumer credit disclosure regulations

The National Consumer Credit Protection Legislation Amendment Regulations 2010 (No.4) have been registered.

Amongst other things, the Regulations set out important practical changes relating to:

  • the form and content of responsible lending disclosure documents; and
  • the way they must be given to consumers.

The disclosure documents affected include the credit guide, credit quote and credit proposal disclosure document.

The changes:

  • provide temporary and conditional transitional relief between 1 January 2011 and 1 April 2011 in relation to disclosure of EDR scheme membership in credit guides and in relation to the provision of quotes and credit proposals by credit assistance providers;
  • exempt persons from the requirement to provide a credit guide in a number of specific situations where this results in duplication or is otherwise unnecessary (for example, because the consumer has previously been given one and the information has not changed);
  • exempt persons who provide credit assistance from having to give a quote if they will not be charging the consumer a fee;
  • permit disclosure documents to be given electronically, subject to conditions; and
  • permit two or more disclosure documents to be combined (provided that they otherwise meet the requirements of the National Credit Act).

Some existing regulations have been renumbered.

 

Your Compliance Support Plan

We understand you need a cost-effective way to keep up to date with regulatory changes. Talk to us about our fixed price plans.