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This article is an extract from Money Smart website.
For full details see the website https://www.moneysmart.gov.au/

“The National Credit Act began on 1 July 2010. Here we explain how the Act affects providers and consumers of credit in Australia, how it has been updated and the specific rules that apply to credit cards, loans and reverse mortgages.

About the National Credit Act

Credit provider obligations

Anyone who wants to engage in credit activities (including lenders, lessors and brokers) must be licensed with ASIC or be a representative of someone who is licensed (that is, they must either have their own licence or come under the umbrella of another licensee as an authorised credit representative or employee).

The law also states that credit providers must not enter into a contract with you that is unsuitable, such as a loan you can’t repay without suffering hardship or a contract that doesn’t meet your requirements and objectives.

By law the credit provider must:

  • Make reasonable inquiries about your financial situation, requirements and objectives
  • Take reasonable steps to verify your financial situation
  • Decide whether the credit contract you are asking for is ‘not unsuitable’ for you

Credit assistance providers must make a preliminary assessment and credit providers must make a final assessment that the credit contract you are applying for is ‘not unsuitable’ for you before they offer you credit.

See ASIC credit reform update for the latest information about credit provider obligations.

Short term and small amount loans (including payday loans)

 

Credit providers can only charge you the following fees:

  • A one-off establishment fee (of not more than 20% of the loan amount)
  • A monthly account keeping fee (of not more than 4% of the loan amount)
  • A government fee or charge
  • Default fees or charges (the credit provider cannot collect more than 200% of the amount loaned if you default – that is, fail to pay back the loan)
  • Enforcement expenses (if you fail to pay back the loan, these are the costs incurred by the credit provider going to court to recover the money owed under your credit contract)

See small amount loans for more details.


Quick and Easy Finance

Australian Credit Licence No. 388145

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