Credit
To engage in credit activities, a business must have a credit licence or an authorisation from a credit licensee.
ASIC is the national regulator for consumer credit and consumer leases under the national credit legislation. This legislation includes:
- the National Credit Code (which is Schedule 1 to the National Consumer Credit Protection Act 2009 (National Credit Act)) – which contains requirements for the entry into and terms and enforcement of credit contracts and consumer leases
- the National Credit Act – which contains requirements that persons who are involved with consumers obtaining credit contracts or consumer leases must be licensed and must comply with responsible lending requirements.
People that engage in credit activities generally need a credit licence or an authorisation from a licensee. This includes both the credit providers and lessors, and other persons, such as finance brokers. 'Credit activity' is defined in the National Credit Act and includes activity relating to credit contracts, consumer leases, mortgages and guarantees, and credit services.
Credit guidance
You might not need an Australian credit licence if you meet an exemption under the legislation, or if ASIC has granted relief. See:
Regulatory Guide 51 Applications for Relief (RG 51) for more information on applications for relief.
- Credit licensees - Information about licensing.
- Also see Further guidance below to help you understand the credit licensing process and your obligations under the credit legislation.
Credit registers
Search and browse the our registers for free to check a person's authorisations to engage in credit activities:
- Professional Registers Search
- Banned & disqualified persons register
- Banned bodies corporate register
- Unlicensed carried over instrument lenders register.
More information
Further guidance
Regulatory Guide 205 Credit licensing: General conduct obligations (RG 205)
Information Sheet 104 FAQs: Complying with your credit obligations (INFO 104)
Information Sheet 105 FAQs: Dealing with consumers and credit (INFO 105)
Information Sheet 140 Australian Consumer Law substantiation notices: Your rights (INFO 140)
Information Sheet 285 Buy now pay later credit contracts: Credit licensing (INFO 285)
Note: You may also need to get professional advice on how the law applies to your situation.
Further information
- Applying for and managing your credit licence
- National Credit Code
- Regulatory resources and news search – Credit
- National Credit Act and National Consumer Credit Protection Regulations 2010
- Moneysmart website - Information for consumers and borrowers on using credit wisely and managing debt and what to do if experiencing financial difficulty.
- How to complain - To make a complaint to ASIC about a credit product or service (Moneysmart).