This book is written in plain English and is a user friendly practical guide for business, regulators, external dispute resolution schemes, consultants, compliance officers, credit agencies, consumer advocates and lawyers alike. It is not designed to be simply a 'legal' text.
This fifth edition of the Annotated National Credit Code is a comprehensive update to the fourth edition. This book highlights the Code’s key features, with practical guidance on its interpretation and application. It includes an overview of the ASIC licensing system, the responsible lending requirements, the responsibilities placed upon credit providers, including credit enforcement issues and the penalty regime for breaches. It also includes an analysis of the new regimes for small amount credit contracts, reverse mortgages, consumer leases and the revised financial hardship regime.
The Annotated National Credit Code is an essential handbook for anyone who works with consumer credit in Australia. This includes responsible managers of Australian credit licence holders, lawyers and in-house counsel, compliance officers, auditors, product development, sale and marketing personnel in the financial services industry, credit and enforcement officers, consumer advocates and consumer representatives seeking to understand the National Credit Code’s (Code) requirements.
The work includes subsection-level annotations to the legislation, detailed amendment histories and comparative tables, and practical guidance as to the impact of recent legislation reforms. The commentary covers all types of consumer credit – including all forms of consumer credit contracts, home loans, residential investment loans, credit cards, consumer leases and point of sale finance. It covers the life of a credit contract or consumer lease, from initial marketing through to enforcement and financial hardship. It also discusses all key requirements of the national credit regime, such as responsible lending and additional disclosure requirements, such as key facts sheets.
Table of contents
Overview of the National Consumer Credit Protection Act
Overview of the National Credit CodeTable of Cases
Table of Statutes
National Credit Code
Table of Provisions
Part 1 – Preliminary
Part 2- Credit contracts
Part 3 – Related mortgages and guarantees
Part 4 – Changes to obligations under credit contracts, mortgages and guarantees
Part 5 – Ending and enforcing credit contracts, mortgages and guarantees
Part 6 – Penalties for defaults of credit providers
Part 7 – Related sale contracts
Part 8 – Related insurance contracts
Part 9 – Advertising and related conduct
Part 10- Comparison rates
Part 11- Consumer leases
Part 12 – Miscellaneous
Part 13 – Principal definitions
Part 14 – Miscellaneous provisions relating to interpretation
National Consumer Credit Protection Regulations 2010
Table of provisions