Credit relief

ASIC may grant relief from various provisions of the credit legislation by making individual instruments, or class orders which have a wider application.

Individual instruments and class orders made under the credit legislation are not published in the ASIC Gazette.

Relief under the credit legislation

Applying for individual relief

 

Getting copies ofcredit instruments Getting copies of class orders

Individual instruments made under the credit legislation (including section 203A of the Credit Code) are published on the ASIC website. Specified exclusions made under subsections 6(14) and 171(4) of the Credit Code are not published on the ASIC website and are not available to the public.

See credit instruments:

2010 | 2011 | 2012

Class orders made under the credit legislation are registered on the Federal Register of Legislative Instruments (FRLI). The FRLI may be accessed at http://www.frli.gov.au. Class orders are also published on the ASIC website.

See class orders:

2010 | 2011 | 2012

 

Relief under the credit legislation

ASIC may give relief from:

  • the licensing provisions under Chapter 2 of the Credit Act

  • the responsible lending conduct provisions under Chapter 3 of the Credit Act

  • the provisions of the Credit Code.

ASIC gives relief by way of individual instruments and class orders.

Individual instruments are made in response to an application by a person (see Applying for individual relief below).

Class orders, also known as legislative instruments, are generally made by ASIC of its own initiative. Class orders are sometimes also made in response to an application by a person or an industry association where ASIC forms the view that the relief ought to extend to a class of persons.

 

Applying for individual relief

When applying for individual relief from the credit legislation, make sure you:

1. Apply early

If you’re thinking of applying for relief from the credit legislation, you should apply as early as possible. Applications for relief often raise issues that may take some time to resolve.

2. Apply in writing

You should apply in writing,

addressing the criteria in Regulatory Guide 51 Application for relief (RG 51)

3. Address the criteria in our policies on relief

You should specifically address the criteria set out in our policies on relief.

For example, in your application you should particularly address the commercial benefit and any net regulatory benefit or detriment from granting the relief you seek. If you think you have special circumstances or you are disproportionately affected by the credit legislation, clearly set out your reasons.

4. Lodge your application electronically

The quickest way to have your application considered and our preferred method of lodgement is to email

the written application and any attachments to applications@asic.gov.au. Then send the paper copy and the fee to:

Manager – Applications

Australian Securities & Investments Commission

GPO Box 9827 in your capital city

Alternatively send your written application

and cheque to us at the above address.

 How ASIC charges fees for credit relief applications

 Summary reports of ASIC relief applications

What's new

ASIC releases updated responsible lending guidance

We have updated our guidance for credit licensees on their responsible lending obligations. 14-290MR. 5 November 2014

More credit releases

Last updated: 16/10/2014 10:55