Foreword from AFIA CEO Diane Tate
AFIA is committed to advancing a world-class finance industry and our members are at the forefront of creating more efficient, competitive and innovative finance for Australians.
AFIA members participate across the entire finance industry in Australia and include banks, finance companies, vehicle and equipment financiers, vehicle and fleet providers, and fintechs that operate in consumer, business and commercial lending markets.
This Code is Australia’s first non-bank lending and specialist banking industry code. It sets out the standards of practice and expected customer service outcomes for our members and reflects our members' commitment to customers through the promotion of a culture of integrity, transparency and fairness in the finance industry in Australia.
AFIA has introduced this Code to help support positive outcomes for customers and financial firms by promoting good practices that support compliance with legal obligations, reflect customer and community expectations, and strengthen trust and confidence in the finance industry.
This Code provides a framework for prudent, responsible and ethical conduct, fosters transparency and fairness, promotes accountability and explains how our members will comply with their legal obligations. It also explains what our members will do if things go wrong, including how our members will manage complaints, support customers experiencing financial difficulties, and help customers experiencing vulnerability.
By adhering to this Code, our members contribute to an efficient, competitive, sustainable, inclusive and resilient finance industry, which ultimately benefits customers, financial firms and the economy. This Code will continue to evolve in line with industry developments and customer and community expectations.
Part A – Introduction
1.The Australian Finance Industry Association (AFIA) Code of Practice (the Code) was published on 16 September 2025 and is effective from 1 October 2026 (the Effective Date). Compliance with the Code is subject to transitional arrangements until the Effective Date. The transitional arrangements are set out below at paragraph 18.
2.The words “we”, “us” and “our” apply to an AFIA member and/or an entity in an AFIA member's group who is a Code Member.
3.The words “you” and “your” refer to you as our Customer.
4. Other words and phrases that have special meaning are identified with capital letters and are set out in the Definitions section.
Scope of this Code
5. A list of Code Members can be found at [AFIA Website Code page].
6.This Code applies to credit, finance and novated lease products and services we provide to Consumer and Small Business customers in Australia, subject to the exclusions set out in this Code. For simplicity, we refer to these collectively as “products” in this Code. This Code also applies to guarantors and co-borrowers where we specifically refer to them.
How we define ‘Small Business’
For the purposes of this Code, we have adopted the Unfair Contract Terms legislation definition of Small Business which means a business that:
- employs fewer than 100 people at the time the contract is signed; or
- has a turnover for the last income year of less than $10,000,000; and
- the upfront price payable under the contract does not exceed $5,000,000.
7. These products include but are not limited to:
- secured and unsecured consumer finance, including credit cards, personal loans, lines of credit or overdrafts, mortgages for residential and investment purposes (including home loans and chattel mortgages) and vehicle finance;
- secured and unsecured business finance, including lines of credit, debtor and cashflow finance, asset and equipment finance, fleet and vehicle finance; and
- novated leases.
8. This Code applies so long as we are the issuer of your product. If another entity becomes the issuer of your product and that other entity is not a Code Member, this Code will not apply to that other entity. This Code sits alongside the overarching laws, licensing obligations (where applicable) and regulatory frameworks that apply to us. If there is any conflict between this Code and relevant laws, those laws prevail.
Exclusions from this Code
9. This Code may offer some guidance more broadly, but it does not apply to products we provide to commercial property, government or semi-government customers, or Large Corporate Customers. This Code also does not apply to bailment facilities because bailment is a common law relationship between a bailor and a bailee, and not a credit, finance or novated lease product as per paragraph 6.
10.This Code does not apply to AFIA Members who provide commercial finance predominantly for large commercial vehicles and equipment manufactured by their company or an associated company, such as trucks and machinery used in transport, construction, mining and resources, farming and agriculture.
11. This Code does not apply to AFIA Members who are signatories to an equivalent industry code that applies to Consumer and Small Business finance and lending activities in Australia. The AFIA Board will, acting reasonably, determine the criteria for an equivalent code. For these purposes, AFIA Members who are signatories to the Banking Code of Practice or the Customer Owned Banking Code of Practice are not subject to this Code. However, these AFIA Members may still elect to become a signatory to this Code.
12. This Code does not apply to other entities we own or related bodies corporate who do not provide products covered by this Code to Consumers or Small Business.
13. AFIA has separate codes of practice for Buy Now Pay Later (BNPL Code), Online Small Business Lenders (AOSBL Code) and Insurance Premium Funding (IPF Code). Customers who deal with AFIA Members who are signatories to the BNPL, AOSBL or IPF Codes will continue to have the protections afforded by these codes until they are transitioned into this Code.
14. AFIA also operates the Car Rental Code of Practice, which will remain separate from this Code.
Structure of this Code
15. AFIA members participate in different finance sectors and markets, and for this reason we have divided this Code into different sections to help you find the customer protections relevant for your circumstances.
16. This Code contains general and specific commitments by us to you. They are found in:
- Parts B, C and D – these contain our general commitments and apply to all Consumer and Small Business customers covered by this Code. These sections explain how we will engage with you and what you can expect from us.
- The Schedules – the Schedules at the back of this Code contain specific commitments in relation to consumer finance, novated leasing and small business finance. The Schedule applies if we provide you with a product that is described in that Schedule.
AFIA Industry Guidelines
17. AFIA has published industry guidelines, protocols and other documents on some areas of the Code or related matters that may help members understand how to interpret and apply the Code or develop new approaches to systems, policies or processes. These industry guidelines, protocols or documents do not form part of this Code. AFIA’s current industry guidelines are published on the AFIA website.
18. After the publication of this Code, we have a period of time until the Effective Date to ensure that our arrangements to provide our products to you meet the requirements set out this Code. These transitional arrangements will end after the Effective Date of this Code.
19. This Code will apply to a new product or a guarantee for which you enter into an agreement with us on or after the Effective Date.
20. For ongoing products that we were providing you as at the Effective Date, or where a guarantee was in place before the Effective Date, or where documentation was sent to you before the Effective Date, the existing terms and conditions of that product or guarantee will continue to apply. If we provide you with revised terms and conditions after the Effective Date, those revised terms and conditions will comply with this Code.
Part B – Our Key Commitments to You
We will be fair and honest in our dealings with you
21.We will act honestly and with integrity. We will be fair and responsible in our dealings with you. We will be clear in our communications with you.
We will focus on customers
22.We aim to deliver a positive customer experience over the life cycle of your product.
23. We will provide you with different ways to contact us – for example, by phone, or through our website or app, or through other communication channels. For some products, we may have more specific or limited ways to communicate due to the manner in which your product is offered, including for example, where a product is entirely online or managed by a third party.
24. We will use plain language and avoid using unnecessarily complex legal and technical words as much as possible when communicating with you. However, there may be times where this is unavoidable (such as when the law requires us to use particular words or to communicate with you in a particular way).
We will comply with our industry and legal obligations
25. We will comply with our obligations under the law and this Code. If we don't, and you are impacted, we will correct this in accordance with our legal obligations and our agreement with you.
26. If you are a Consumer and your contract with us is regulated under the National Consumer Credit Protection Act 2009 (NCCP Act), we will make an assessment about whether the credit contract is 'not unsuitable' for you. Schedule 1 of this Code provides additional information about how we will do this.
27. Loans that are for predominantly business or commercial purposes are not regulated under the NCCP Act. We will only provide our products to you where we believe you meet our product and lending requirements. Schedule 3 of this Code provides additional information about how we will do this.
We will deliver high standards of service
28. We will take reasonable steps to ensure our products are reasonably fit for their intended purpose and are as described in our terms and conditions, disclosures, marketing materials, and agreements with you.
29. We will respond to questions about the features of our products and how they work. We may do this in different ways (such as by publishing FAQs on our website or app).
30. We will not engage in pressure sales tactics.
31. We may require you to obtain independent advice before entering into a contract with us. We will tell you if this applies to you. You may need to get your own financial, legal or taxation advice if you have queries or questions about how our products may impact your financial or personal circumstances.
We will provide clear information about our products
32. We will give you clear and useful information about our products to help you make an informed decision about whether to use them.
33. Before you enter into a contract with us for a product, we will give you information about:
- our product terms and conditions;
- fees and charges;
- interest (if this is applicable), or the total amount payable and the repayment amount (although this does not apply to revolving facilities, for example, where the total amount to be repaid depends on your use of the facility);
- any other pre-contractual disclosures required by law; and
- how we will notify you about any changes.
34. We will continue to provide you with clear and useful information over the life cycle of your product, including about any changes to the product, and any changes to your or our obligations.
35. We may give this information to you in different ways where the law allows us to (for example – in electronic and digital formats). Our terms and conditions will describe how we will communicate with you.
36. We will ensure disclosures about our fees and charges are up to date and accurate.
37. We will review our policies (such as credit assessment procedures, and the design and distribution framework for our products) in accordance with our review procedures or whenever events indicate that a review is required to ensure that our policies are current, comply with the law and align with our commitments in this Code.
We will ensure our staff and representatives are trained and competent
38. We will ensure that people who are authorised to act on our behalf (for example, our employees, agents, and authorised credit representatives (ACRs) where applicable) are adequately trained and are competent to engage with you in relation to our products.
We will tell you about commissions and other benefits we pay to Intermediaries
39. We (or our Intermediaries if we require it under our arrangements with them) will make information available about commissions and other benefits that might be paid to the Intermediary in connection with the distribution or referral of our products. For the avoidance of doubt, this does not include remuneration paid in relation to marketing and advertising of our products.
40. If you are a Consumer, we will disclose the amount of remuneration or other benefit if it is ascertainable at the time we make the disclosure.
41. If you are a Small Business customer or your product is not regulated under the NCCP Act, our terms and conditions, term sheet or other document related to your contract will refer to commissions or other benefits that we may pay to an Intermediary in connection with the distribution or referral of our products.
We will deal fairly with complaints
42. We will handle complaints promptly and fairly. We will make information about how you can make a complaint and how we manage complaints available on our website, app or other platforms we use, including information about timeframes for considering and responding to complaints.
43. We will provide you with clear information on what to do if we do not resolve your complaint in a way that is acceptable to you. This information may be different depending on the product we provide to you. See Part D of this Code for more information.
We will support and promote this Code
44. We will make this Code publicly available including, for example, via links to the AFIA website on our website or in our app or digital platform.
45. We will support the monitoring, supervision and ongoing effectiveness of this Code and ensure our staff are trained to put it into practice.
46. We will implement systems and processes to support our compliance with this Code, including taking steps to address any issues if necessary.
Part C – Treating Customers Fairly
Accessibility
47. We will take reasonable steps to ensure that any website, app, or methods we use to communicate with you meet the kinds of accessibility standards (for example, the Web Content Accessibility Guidelines) that are relevant to our business and the methods by which we communicate with you.
48. If we become aware or you tell us that you need extra help to access our products because of accessibility factors (for example – because you are a person with disability or communication, hearing or visual impairment or language barriers) we will treat you with sensitivity, respect, understanding and empathy. We will take reasonable measures to support your interactions with us, having regard to the type of product and the channel the product is normally distributed through. This might include referring you to free external support services (such as interpreters or the National Relay Service).
Use of Technologies
49.If we use customer-facing artificial intelligence (AI) as part of our business operations to provide products covered by this Code to you, we will have risk management processes to identify and mitigate risks in its use and we will monitor its operation to ensure it is compliant with relevant laws and standards that apply to us.
50.Customer-facing AI can include the autonomous or semi-autonomous analysis of data and content using sophisticated techniques and tools. It can also create content or output that is not programmed or copied from existing data, but is generated based on patterns, structures and examples learned from large datasets.
Privacy and Confidentiality
51.We will handle your information, and information about your use of the product, in accordance with our Privacy Policy and the law.
52. We will comply with the privacy legislation including the Privacy Act 1988 and the associated standards in the Australian Privacy Principles, and the Privacy (Credit Reporting) Code 2024 (if applicable to us) which sets standards about participation in credit reporting and management of information and data (such as the collection, processing, storage, maintenance, use, transfer and disclosure of your personal information or data to other parties).
53.We will publish our Privacy Policy on our website, in our app or on our platform.
54.We will treat information that you give us or information that we collect about you (including through data collection techniques, such as screen scraping) in accordance with our Privacy Policy and the law.
Information and Data Protection
55.We will take reasonable steps to protect your personal information and data from misuse or loss and from unauthorised access, modification or disclosure. This may include asking you to re-verify your identity from time to time.
56.We will regularly review the security and reliability of our information systems.
57.We will aim to implement and maintain information security controls that are commensurate with the size and extent of the information risks and cybersecurity threats we may face.
58.We will apply security measures or access controls that are reasonably appropriate or necessary for the product you have with us (for example – account registration, password protection and/or multi factor authentication).
Security Measures and Controls
59.If we use additional security measures or controls (such as multi-factor authentication) to verify your identity, open an account or access our products, we will have regard to relevant standards and authentication protocols (including standards published by the Australian Government from time to time) when designing or updating our systems.
Scams and Fraudulent Activity
60.To help protect you from scams and fraudulent activity, we will not:
- ask you for information like passwords, PINs or secure access codes in an unsolicited email, text, phone call or message;
- ask for remote access to your computer or devices to “fix a problem” or send you software to download; or
- ask you to make payments through unusual mechanisms (such as stored value cards or gift cards), or urgently transfer your assets or funds to another place to keep them “safe”.
61.If you receive an unsolicited contact asking for this type of information that appears to be from us or you are not sure whether a communication is legitimate, you should contact us via the contact details on our website, app or platform or another trusted source (such as the contact number on the back of your debit or credit card) to check.
62.If you believe you may have been the victim of a financial scam or some other fraudulent activity that involves our products or you notice suspicious or unusual activity in relation to your product, you should contact us as soon as possible. You can also contact Scamwatch or the police if you think a crime has been committed. IDCARE may also be able to help you in relation to identity theft.
Customers Experiencing Financial Difficulties and Other Hardship
63.Financial difficulties or other hardship can occur for a range of reasons that are out of your control, including but not limited to:
- change in income or employment status;
- relationship breakdown;
- illness or injury;
- natural disasters.
64.If we become aware or if you tell us that you are experiencing financial difficulties or other hardship, we will work with you to identify ways we may be able to provide support in accordance with our policies. We encourage you to tell us about your circumstances as this is the best way to help us help you.
65.We will tell you how to contact us about financial difficulty and other hardship assistance arrangements on our website, our app or other digital platforms we may use.
Consumers
66.If your contract with us is regulated under the NCCP Act, you should tell us as soon as possible if you are experiencing financial difficulties or other hardship. You can do this yourself or through someone else you appoint to act on your behalf (for example - a lawyer, accountant, financial counsellor, or legal aid officer). We may ask you or the person acting on your behalf to complete a form to confirm you have provided your consent for the person to act for you.
67.We will provide information on our website, app or digital platform about how to contact us if you are experiencing financial difficulties or other hardship. We may also contact you to discuss your situation if it becomes apparent to us that you may be experiencing financial difficulties or other hardship.
68.We may ask you to give us information to help us understand your financial difficulties or other hardship and consider how we could help. Any help we can provide will depend on your circumstances and the information you give us.
69.We may provide you with a temporary or simple arrangement to help you or we may agree with you on a new repayment arrangement (called a “contract variation”). If we agree on a contract variation, this will be in writing (including in electronic form where permitted by law and our agreement with you).
70.We are not required to offer a temporary or simple arrangement or a contract variation, but we will provide assistance if we think it will help you recover your financial situation. We will tell you about the support we can provide after we have considered your circumstances and the information you have given us.
71.There are circumstances where we may not offer you a temporary or simple arrangement or contract variation, including (but not limited to) where we reasonably believe:
- your financial position cannot be restored; or
- it will, or is likely to, make your circumstances worse; or
- you will not have an ability to repay the amounts you owe us after the period of financial difficulty or other hardship ends; or
- we do not have sufficient information to substantiate your financial hardship.
Small Business Customers
72.If you are a Small Business customer and you tell us you are experiencing financial difficulties, we may consider reasonable modifications to your repayment arrangements or other terms and conditions of your contract, insofar as possible within our credit policies. We are not required to do so, but we will do our best to explore options that may help your business through a temporary period of difficulty.
People Experiencing Vulnerability
73.We are committed to helping customers who are experiencing vulnerability. If we become aware or if you tell us that you may be experiencing vulnerability, we will treat you with sensitivity, respect, understanding and empathy. We recognise that vulnerability may be temporary in some cases and/or can happen to anyone.
74.Characteristics of vulnerability may include (but are not limited to):
- cognitive or other impairment;
- family or domestic violence (including financial abuse);
- age-related financial abuse;
- mental health issues;
- addiction-related issues;
- serious illness or injury;
- insecure housing or homelessness;
- language or literacy barriers;
- issues related to cultural norms and expectations; or
- other personal or financial circumstances – for example, incarceration or institutionalisation, the serious illness or death of a partner or close family member, a relationship breakdown or some form of natural disaster.
75.We may not be aware of your vulnerability unless you tell us about it. If you tell us about your circumstances, we will consider how we can help to address the financial implications for the product we provide to you.
76.If you want to appoint someone to act on your behalf in your dealings with us, we will provide you with clear information about how you can do this.
77.The misuse of our products by another person (whether they are related or known to you, or not) to inflict economic, financial or emotional abuse on you is unacceptable. If we become aware this is occurring, we will do what we reasonably can to help minimise or stop the misuse.
Deceased Estates
78. If you are the executor of a deceased estate or are otherwise entitled at law to deal with a deceased estate, we will do what we reasonably can (and as permitted under relevant laws, such as succession and privacy laws) to help you resolve or deal with the customer’s financial affairs with us as quickly as practicable.
Transparent Debt Recovery Practices
79. If a debt recovery process becomes necessary, we will act in accordance with our legal obligations. This includes (where relevant depending on whether your loan is regulated under the NCCP Act) our obligations to tell you about late or missed payments, to issue you with a written notice of a default prior to commencing legal proceedings or taking other enforcement action, and to generally give you a reasonable opportunity to remedy the default. However, if we reasonably think that the default cannot be remedied, we may have rights under your contract and at law to take action without telling you first.
80. We will only use as agents, and sell our debts to debt collectors, that to the best of our knowledge comply with the ACCC and ASIC Debt Collection Guideline.
81. The steps we may take to recover or on-sell your debt may be different depending on what type of Customer you are, the product you have, and the terms of your contract with us.
82. Schedule 1 sets out more information for Consumers about our debt recovery practices.
83. Schedule 3 sets out more information for Small Business customers covered by this Code about our debt recovery practices.
Part D – Resolving Complaints Promptly and Fairly
Enforcing Your Rights
84. This Code is part of a range of customer protections that are available to you, including under Australian laws. The types of rights and protections that apply to you depend on what type of customer you are and what type of product we provide to you. You are able to hold us accountable for our obligations in a number of ways including through (but not limited to) internal and external dispute resolution, legal action, or by reporting an alleged breach of this Code by us to the AFIA Finance Industry Code Compliance Committee (CCC). More information about the CCC is set out in Part E.
We Will Have Internal Dispute Resolution Arrangements
85. We will have an internal process for handling complaints in relation to our products. This internal dispute resolution (IDR) process should help to resolve most complaints.
86. We are committed to responding to complaints in a way that is:
- prompt and efficient;
- consistent with relevant laws, the obligations in our contract with you and relevant guidance (such as ASIC Regulatory Guides 271 and 277).
87. We will explain how we deal with complaints in your contract or other documentation (such as our credit guide or terms and conditions) or via other sources, including on our website or app, as applicable.
88. If you have made a complaint to us, we ask you to be available to communicate with us during the complaint process. We may not be able to deal effectively with your complaint if you are not available to respond to our reasonable requests for information.
You Will Have Access to External Dispute Resolution
89. If we are not able to resolve your complaint to your satisfaction, you will generally be able to escalate your complaint to an external dispute resolution (EDR) scheme, mediation scheme or alternative process for dealing with a dispute.
90. The Australian Financial Complaints Authority (AFCA) is the EDR scheme for financial-related complaints by individuals and small businesses (as defined by AFCA) in Australia. We will tell you if we are an AFCA member and your rights to make a complaint to AFCA (if your complaint falls within AFCA’s jurisdiction). However, AFCA may not consider complaints in relation to all of the different types of products offered by AFIA members and in some cases the EDR or mediation scheme may be different.
91. The Australian Small Business & Family Enterprise Ombudsman (ASBFEO) can assist Small Business customers and family enterprises that are in dispute with other businesses or Australian Government agencies. ASBFEO can provide information about dispute resolution options, access to mediation and alternative dispute resolution processes.
92. State-based Small Business Commissioners (SBCs) also offer mediation and impartial assistance to help parties in dispute come to an agreement. Depending on the State you are in, SBCs can offer formal mediation sessions conducted by a professional mediator.
93. We will provide you with information about how to contact AFCA (if we are a member and your complaint is within AFCA’s jurisdiction), or if we make it available – another applicable EDR scheme, mediation scheme or alternative process for dealing with a dispute – if we are unable to resolve your complaint through our internal complaint handling processes.
94. There may be circumstances from time to time where we will not participate in EDR, a mediation scheme or alternative process for dealing with a dispute (although this does not apply if we are an AFCA member) – for example, if we reasonably believe:
- there is a genuine risk that conduct of the EDR, mediation or alternative process might result in customer harm to you or a co-borrower or a guarantor; or
- there is a potential or actual workplace safety risk for our employees or representatives.
Farm Debt Mediation
95. If you are our customer and you are a Farmer and you are eligible for and request farm debt mediation then we will comply with the process under relevant State-based farm debt mediation legislation or State-based mediation schemes.
Part E – Code Compliance
96. The AFIA Finance Industry Code Compliance Committee (CCC) is an independent committee appointed by the AFIA Board that operates separately from the industry association. The CCC has been established to monitor compliance with this Code. The CCC operates under a Terms of Reference and can consider alleged breaches of this Code that are brought to its attention by a customer or any other party, or through its own monitoring and review processes.
97. You can report us to the CCC if you believe we have acted in a way that is not consistent with this Code. We will cooperate and comply with all reasonable requests of the CCC in the performance of its monitoring and investigation activities.
98. The CCC does not deal with individual complaints or disputes between you and us about our products. You should contact us in the first instance about any complaint or dispute that relates to the product we provide to you. We will consider your complaint in accordance with our complaint handling processes.
99. If the CCC investigates an alleged breach and if it determines that we have breached the Code, it can require us to take corrective measures. The CCC can also impose a range of sanctions depending on the nature of the breach. More information about the CCC including how to contact the CCC can be found here AFIA FICCC.
Part F – Operation and Review of the Code
100. Australian Finance Industry Association Limited ACN 000 493 907 (AFIA) owns this Code and is responsible for its content, management and updating as required, and for providing sufficient resources to support administration of the Code.
101. This Code operates alongside and is subject to existing laws and regulations. It does not limit your rights under those laws and regulations. Where there is any conflict or inconsistency between this Code and any Australian law or regulation, that law or regulation prevails to the extent of that conflict or inconsistency.
102. AFIA will review this Code 3 years after it becomes effective, and every 3 years after that, or sooner if directed to do so by the AFIA Board.
103. The AFIA Board may – after consultation with and seeking comments and suggestions from the CCC, Code Members and other organisations and people it considers appropriate – review and amend the Code at any time.
Definitions
AFIA Finance Industry Code — Definitions
Schedules to the Code
These Schedules set out additional information about specific products offered by us. The Schedules describe in more detail how we will meet our commitments to you under this Code and form part of the Code.
A Schedule only applies to the product referred to in it. If there is an inconsistency between the detail in a Schedule and any other section of the Code, the detail in the Schedule will prevail to the extent of the inconsistency.
Schedule 1: Consumer Finance
Introduction
1.1 This Schedule applies to contracts regulated by the NCCP Act.
1.2 The NCCP Act regulates your contract with us if, at the time you enter into the contract:
- you are a Consumer; and
- the credit is provided or intended to be provided wholly or predominantly (such as more than 50%) for personal, domestic or household purposes.
1.3 Generally, consumer credit contracts for mortgages, personal loans, credit cards and car loans are regulated by the NCCP Act. The NCCP Act does not apply to some types of consumer credit, including low-cost short-term credit (less than 62 days), insurance premiums paid by instalments, bill facilities, and staff loans.
1.4 If your contract with us is regulated by the NCCP Act:
- we must provide you with certain information before you enter a credit contract with us;
- you have a right to request certain relevant documents;
- we must be members of AFCA, which is a free and independent EDR scheme;
- you may have rights to challenge our contract if it is unjust or if the loan is unsuitable for you;
- you may seek support from us if you are experiencing financial difficulty or other hardship; and
- we must take specific steps where applicable before enforcing our rights under the credit contract – for example, before repossessing property or commencing court action. However, there are some circumstances where there is no requirement for us to give you notice before we commence action to enforce our rights – for example, where we reasonably think urgent action is necessary to protect a vehicle or other goods subject to our contract.
1.5 This Schedule also provides additional information for Consumers about vehicle finance that is regulated under the NCCP Act.
1.6 AFIA has a separate BNPL Code that applies to BNPL credit.
1.7 Consumer credit can be:
- a single loan repaid over a fixed term with interest and/or fees – for example, a personal loan, with or without a redraw facility. It may be secured or unsecured; or
- a continuing line of credit with no fixed term which generally attracts variable interest and/or fees and requires minimum repayments that vary depending on the outstanding balance – for example, a credit card. It is generally unsecured.
Obtaining Consumer credit
1.8 We may allow you to apply for credit in different ways – for example by:
- applying to us directly (where we make this available);
- referral to us from another entity in our corporate group; or
- being “introduced” to us by a Retailer, a finance or mortgage broker, or adviser who is not part of our corporate group. These Intermediaries can also be known as “introducers” or “distributors”.
1.9 An Intermediary is not the person who provides you with credit. An Intermediary may be an independent business that is unrelated to us. If an Intermediary refers you to us, and we accept and approve your application for credit, we will be the credit provider under your contract. We may pay a commission to the Intermediary if you enter into (and settle) a credit contract with us.
1.10 We may authorise Intermediaries (such as motor dealers) to assist you to apply for a credit contract with us so that the credit can be used to purchase goods or services from them. These Intermediaries generally act for us. Other Intermediaries (such as mortgage brokers) may assist you to apply for a credit contract from a number of different credit providers. Those Intermediaries generally act for you.
1.11 An Intermediary may charge you a separate fee for the services they provide to you. We may allow you to finance this fee in your loan so you do not need to pay this upfront. However, you may pay interest on that fee if it is financed in your loan. You can also ask the Intermediary about their fees.
Brokers and advisers
1.12 Generally, Intermediaries who are brokers or advisers must hold an Australian Credit Licence (ACL) to provide you with credit services (such as credit assistance, which is where a broker or adviser helps you to apply for a particular credit contract with a particular credit provider) or be appointed as an Authorised Credit Representative (ACR) by someone who does hold an ACL.
1.13 If we hold an ACL, we are responsible for our ACRs (if we have them) and our other representatives, including the people we or our related entities employ directly. We will train, supervise and monitor their conduct, which may include their interactions with you.
1.14 If a broker or adviser holds an ACL and is proposing to provide you with a credit service, they must first provide you with a “credit quote” or similar document. This will include information about the service they will provide and the maximum fees they will charge you for providing the service. You must accept the credit quote as agreement to pay the fee.
Suppliers
1.15 We may arrange for suppliers (such as Retailers and Motor Dealers) to distribute our products. We may authorise these suppliers and their staff to act on our behalf to assist you to apply for a credit contract with us, where the credit will be used to purchase something from the supplier (such as household goods, a car or vehicle).
1.16 Provided certain conditions are met, those suppliers and their staff will not need to hold an ACL or be an ACR to provide this assistance to you. A licensing exemption may apply such as the 'Point of Sale' (POS) exemption or the ‘passing on documents’ exemption.
1.17 We will take reasonable steps to ensure these suppliers and their staff comply with laws and regulations relevant to the offer of credit, are adequately trained about our product, and provide you with relevant information and documentation in relation to the credit contract with us.
Responsible lending
1.18 We have responsible lending obligations under the NCCP Act. We will not enter into a credit contract with you, or increase the limit under your existing credit contract, unless we have met our obligations, which require us to:
- make reasonable inquiries about your requirements and objectives in relation to the contract;
- make reasonable inquiries about your financial situation;
- take reasonable steps to verify your financial situation; and
- assess whether the loan will not be unsuitable for you.
1.19 Our obligations to make reasonable inquiries about your requirements, objectives and financial situation and take reasonable steps to verify your financial situation are scalable. This means that what we need to do to meet our obligations will vary according to a range of different circumstances as relevant to your application. We will do our best to make these processes as efficient as possible.
1.20 To understand your financial situation, we will ask you to give us certain information, which may include details about:
- your income including your source(s) of income, how much you earn, or the frequency and regularity of your income;
- your expenses such as your living expenses (which may include rent, utilities, groceries, medical, motor vehicle, clothing, education and insurance) and your existing credit commitments such as repayments you make for your mortgage, your credit card(s) or any other loans you have or debts that you owe;
- your assets such as the things that you own, savings, property, shareholdings, motor vehicles and so on; and
- your total liabilities such as what you owe on your mortgage, vehicle finance, personal loans, credit cards or any other debts that you owe.
1.21 We expect that you (and where you engage the services of an Intermediary, they) will provide us with complete and accurate details. You may be asked to sign a statement confirming this information is correct.
1.22 To verify your financial situation, we may conduct certain checks or collate certain information (with your consent) or we may ask you to provide certain information, depending on the circumstances relevant to your application.
1.23 We must assess the credit contract as unsuitable for you if, at the time of the assessment, it is likely that you will be unable to comply with the financial obligations under the contract or could only comply with substantial hardship. To determine whether you will be able to meet your financial commitments without substantial financial hardship, we will use our credit assessment criteria which may also include using financial benchmarks (such as the Household Expenditure Measure) as a comparison tool to assist in our credit assessment.
1.24 We must also assess a credit contract as unsuitable for you if, at the time of the assessment, it is likely that the contract will not meet your requirements or objectives, or if regulations prescribe circumstances in which a contract is unsuitable.
- the contract will not meet your requirements or objectives; or
- if the National Consumer Credit Protection Regulations 2010 (Cth) prescribe circumstances in which a credit contract is unsuitable – those circumstances will apply.
Credit reports
1.25 We may check your credit records and take your credit history into account in deciding whether to give you a loan. A credit report is a record about your credit activities. It may include information about your credit enquiries, payment defaults, ATO tax defaults, and repayments with credit providers. The information we collect is not limited to the finance industry, but may include your credit activities in relation to utility or telecommunication companies as well. This information is managed by a credit reporting agency and may also include a credit rating, which is based on your credit history.
1.26 Your credit report usually includes:
- your details including full name, date of birth, current and previous addresses, current and previous employers;
- your repayment history including current loans, due dates for payments, whether you made payments by the due date, dates of missed payments and financial hardship variations;
- your credit history including loans you have applied for, defaults over 60 days, where collection activity was undertaken, and any credit infringements imposed; and
- other information such as bankruptcies (for up to 7 years after they occurred), Court judgments, debt agreements and personal insolvency agreements (for up to 5 years after they occurred).
1.27 If you use an Intermediary to obtain a loan, you will be asked to accept their or the licensee’s privacy consent document. This may then be made available to us, and we may rely on that consent to conduct a credit enquiry.
Disclosure obligations
1.28 We must give you a credit guide, which is a document that provides you with essential information about us as well as your prospective credit contract. The credit contract will include specific details about your loan (such as the loan amount, the repayment amounts and frequency, interest (where applicable), and fees and charges) that you should carefully consider.
1.29 You should read the credit guide and the credit contract before entering into a credit agreement with us.
Copies of documents, statements and other information
1.30 After we enter into a credit contract with you, we will provide you (and your Guarantor, if applicable) a copy of the signed credit contract, including the terms and conditions and the standard fees.
1.31 If at any time during the term of the credit contract you make a request in writing for a copy of the contract, any credit-related insurance contract in our possession or any notice we have given to you or your guarantor, we will provide these documents to you within 30 days.
1.32 If for some reason we are unable to provide a document within this timeframe, we will advise you of this together with the expected timeframe for providing the document. Documents may be provided in electronic or digital form where this is allowed by law, including in the form of a computer- generated record or in any other form as mutually agreed.
We will ensure co-borrowers are informed about rights and obligations
1.33 You become a co-borrower if you sign a loan alongside another person who also provides their signature as a borrower, and this signifies your acceptance of the credit contract. Co-borrowers can be jointly and severally liable for the entire debt owed under a credit contract. This means if your co-borrower is unable to pay their share of the loan, you will become responsible for repaying the full amount outstanding. This liability continues even if your co-borrower files for bankruptcy or enters a debt agreement or personal insolvency agreement to deal with their unmanageable debt. You should be aware, at the time of signing the credit contract, that there is a possibility you will be held liable for the entire debt.
1.34 Our credit contract will explain your rights and obligations and the risks associated with becoming a co-borrower.
1.35 If you tell us that you are the victim of financial abuse or you are being coerced into becoming a co- borrower, we will do what we reasonably can to help you, including not accepting you as a co- borrower. We may also allow you to end your liability as a co-borrower before the credit is provided.
Guarantors
1.36 If you guarantee another person’s obligations under a credit contract, you are known as the “Guarantor” of that contract.
1.37 As a Guarantor you will generally be responsible for paying back all amounts owing under a contract if the customer cannot (or will not) make the payments. As Guarantor, you may also be liable to pay any fees, charges and interest added to the principal as well as any enforcement expenses.
Signing a guarantee
1.38 You must make your own decision about whether you will become a Guarantor.
1.39 Before you sign a guarantee, we will give you a copy of the proposed credit contract that explains your rights and obligations as a Guarantor, including:
- you can refuse to sign the guarantee (although if you do so we may be unable to provide the borrower with credit);
- you may have a right to limit your liability (you can discuss with us how this can be done);
- there are financial risks involved;
- the guarantee may cover future Loans and variations of the existing Loan with your written consent;
- you should consider the information and documents we provide to you, and you can request further information or clarification if required;
- you should seek independent legal and financial advice – in some circumstances, we may require that you obtain such advice as a condition of accepting your guarantee.
1.40 If the guarantee relates to a Loan that is regulated under the NCCP Act, we will also include a warning notice that appears immediately above where you sign the guarantee substantially in the form required by Form 8 of the NCCP Regulations.
1.41 We will also give you a copy of the following documents or information in relation to the borrower:
- a list of any related security contracts;
- any related credit report from a credit reporting body;
- any current credit related insurance contract that we have;
- any financial accounts or statement of financial position the borrower has given us in the last 2 years for the purposes of the guaranteed loan; and
- the latest statement of account for the loan for a period in which a notice of demand was made by us within the last 2 years.
1.42 You should carefully read the guarantee document, the proposed credit contract, and any other documents we give you before you sign the guarantee. We will inform you that you should seek independent legal and financial advice.
1.43 Except where the credit agreement and guarantee are in one and the same document, we will give the guarantee documents to you or your representative, and not to the borrower or someone acting on their behalf, to arrange for you to sign.
During a guarantee period
1.44 You may ask us to further limit the liabilities you have guaranteed under your guarantee. However, we do not have to accept this if:
- the amount of the limit you request does not cover the borrower’s existing liability (plus any interest owed, any fees or charges that we incur in respect of the liability) under the relevant loan contract;
- we are obliged to provide further credit to the borrower; or
- we will not be able to preserve the current value of an asset that is security for the loan without providing further credit.
1.45 If you ask us, we will give you additional copies of information we have already given you about the guarantee, provided you were not given that information in the last 3 months before your request.
Extending your guarantee
1.46 If a borrower obtains a new loan or has changes made to an existing loan, this may be covered by your guarantee if it falls within the limits of your guarantee.
1.47 If we agree to increase the limit in your guarantee, we will give you the information in clause 1.41 again and obtain your written agreement to the extension of the guarantee.
1.48 We will also give you any notice of demand made by us to the borrower about the loan that has not been satisfied.
Withdrawing your guarantee
1.49 You can notify us in writing that you are withdrawing your guarantee:
- at any time before we provide credit under the loan (although if you do so we may not be able to provide the borrower with credit); or
- after credit is first provided, if the signed version of the loan is different in a material respect from the proposed loan we gave you before you signed the guarantee. This does not apply to any change described in clause 1.46.
Ending your guarantee
1.50 You can end your liability under the guarantee you have given to us by:
- paying us the lower of the borrower’s outstanding liability (including any future or contingent liability) or the amount to which your guarantee of the borrower’s liability is limited under guarantee; or
- making other arrangements that we agree on to release you from the guarantee.
Our rights under the guarantee
1.51 We will not enforce any mortgage or security you have given us in connection with the guarantee, such as a mortgage over your principal place of residence, unless we have first enforced any mortgage or other security that the borrower has given for the guaranteed liability.
1.52 Before we enforce a mortgage over your principal place of residence, we will encourage you to tell us about your circumstances so we can consider other reasonable alternatives for you to repay the guaranteed liability.
1.53 In relation to secured lending, we will not enforce any judgement against you under the guarantee unless:
- we have first enforced any mortgage or other security that the borrower has provided for the guaranteed liability; and
- if one or more of the following has occurred:
- we have obtained a court judgement in our favour against the borrower for payment of the guaranteed liability and the judgement debt remains unpaid for at least 30 days after our written demand for payment;
- we have made reasonable attempts to locate the borrower, but without success;
- the borrower is insolvent.
1.54 However, the conditions in clause 1.53 do not apply if, after the default notice is issued and after we have informed you of the limitations of our enforcement rights, you specifically agree in writing that they do not apply.
1.55 Furthermore, the conditions in clause 1.53 do not require us to first enforce any mortgage or other security that the borrower has provided if:
- we reasonably expect that the net proceeds will not be sufficient to repay a substantial portion of the guaranteed liability; or
- as a result of the borrower not providing us with information, documents or access to premises or assets – we are unable to reasonably assess whether the net proceeds will not be sufficient to repay a substantial portion of the guaranteed liability.
Guarantors experiencing financial difficulty
1.56 If you are a Guarantor and we have made a demand for you to pay under a guarantee and you are experiencing financial difficulty, you should contact us as soon as possible to discuss your options.
Defaults, Debt Recovery and Repossession of Secured Assets
1.57 If your contract is regulated under the NCCP Act and you have requested hardship assistance, we will generally suspend any recovery action against you until a decision has been made about your hardship request and that decision has been communicated to you via your last known address or contact details. There are some circumstances where we do not need to suspend our recovery action (for example - if you have requested financial hardship assistance in the previous four months and on a materially similar basis, or we reasonably think that urgent action is necessary to protect the asset or other goods subject to the credit contract).
1.58 If you have made a complaint to AFCA, we will adhere to AFCA's requirements for dealing with the complaint, including any requirements about recovery action.
1.59 We will not proceed with any recovery action if we have agreed to a financial hardship arrangement with you and you are meeting your obligations under that arrangement. We will not on-sell or assign your debt to a debt collector during a temporary financial hardship arrangement.
1.60 In certain circumstances (such as where we have agreed a variation to your credit contract as part of a longer-term hardship arrangement), we may reach an agreement with you for you to voluntarily surrender the asset you purchased with the proceeds of our loan so we can sell it and apply the proceeds towards repaying the amounts you owe to us. We may also require you to enter into a new arrangement with us to pay any shortfall following the sale of the asset within a specific period.
1.61 We may ask a third party to manage these arrangements for us. That party will be authorised to take further actions and implement additional financial hardship processes, if needed.
Defaults
1.62 If you default on your repayments, we may be entitled to repossess the asset or other goods used as security.
1.63 If this is the case, you have protections under the NCCP Act that we must follow:
- We must issue you with a credit default notice, unless one of the exceptions in section 88(5) of the National Credit Code applies. If you fail to comply with the notice within the prescribed timeframes, we may be entitled to repossess the asset or assets.
- We must give you a written notice within 14 calendar days of repossessing the assets, which sets out the estimated value of the assets, the enforcement expenses incurred to date, and a statement of your Consumer rights, unless an exception under the law applies.
- You have 21 calendar days to respond to the notice unless we have a legal entitlement to waive this timeframe.
- If the arrears and enforcement expenses specified in the notice are paid within 21 days we must return any goods to you.
- If you do not take any of the steps set out in the notice, we can sell the assets.
- We must sell the assets for the best price reasonably obtainable. It is in our interests and yours that we obtain the highest possible sale price. After we sell the assets, we must give you a notice setting out the amount realised from the sale. There may be a shortfall between the sale price of the assets and amount owing on the loan, in which case we must tell you the amount left to pay by you (if any).
1.64 This process does not usually apply to repossession for default on home loan repayments. In these cases, court action will normally be commenced to repossess the mortgaged property.
Vehicle Finance for Consumers
1.65 This section provides further information about vehicle finance for Consumers.
1.66 As a lender, we may specialise in providing vehicle finance or we may provide it as part of our broader Consumer lending business.
1.67 Vehicle finance refers to lending for vehicles, including but not limited to, new and used cars, campervans, caravans, vans, motorcycles, motorised marine craft and all-terrain vehicles, where the vehicle is used as security for the loan.
1.68 If you are an individual who applies for a loan in your own name to purchase a vehicle, but the vehicle is predominantly for a business purpose, the NCCP Act will not apply to the loan and you may be asked to sign a “business purpose declaration”. In this case, the clauses about commercial vehicle finance in Schedule 3 apply to you.
About Vehicle Finance
1.69 Vehicle finance helps you to spread the cost of purchasing a vehicle over the duration of the loan, known as the “term” of the loan. Interest rates for vehicle finance are set by us for the term of the loan and confirmed in the loan agreement.
Financing Insurance and Other Products Through Vehicle Finance
1.70 When you take out vehicle finance with us, the security (that is, the vehicle) must be comprehensively insured, but you have your choice of insurer.
1.71 Some lenders allow you to finance the cost of insurance and other products (such as warranties offered by a Motor Dealer) as part of the loan. You can ask us, or the Motor Dealer who is introducing you to us, if we allow these costs to be financed.
Add-On Insurance Products
1.72 A Motor Dealer may provide you with additional information about add-on insurance products.
1.73 Add-on insurance products include, but are not limited to, insurance coverage for tyre and rim damage, key replacement, and engine protection. You will need to consider if add-on insurance is something you need.
1.74 The law imposes a mandatory four day pause period between the sale of a vehicle to you or the entry into a credit contract with us, and the sale of any add-on insurance. This period of time will give you further opportunity to consider whether you need the add-on insurance product.
Breaking a Vehicle Finance Contract
1.75 If you want to end the credit contract before the end of the loan term, you will be required to pay out the loan in full. We may also charge an early repayment fee or break costs for ending the contract early. If you ask, we will provide you with an estimate of the costs you will need to pay for breaking the loan early.
Prompt and Fair Resolution of Complaints
Complaints about the vehicle
1.76 If the seller of the vehicle is a licensed dealer, they will provide you with information about how to make a complaint about the vehicle and/or their sales practices.
1.77 If you bought the vehicle privately, your rights under consumer laws are different. You are not entitled to any cooling-off period or a statutory warranty and may have limited recourse against the seller.
1.78 You can get further information and guidance on your rights and how to make a complaint about a vehicle from the ACCC and the consumer affairs department or fair trading office in your State or Territory.
Complaints about insurance
1.79 If you have a complaint about the insurance that you have taken out in relation to the vehicle, you should contact the insurance provider. You should be able to find information in the insurer’s product disclosure statement (PDS), your policy document, or on the insurer’s website about how to make a complaint.
Useful Resources
For Industry
Department of Industry, Science and Resources
Australia’s AI Ethics Principles
Australian Signals Directorate
Implementing Multi Factor Authentication
Australian Cyber Security Centre
Resources for business on cyber security
Australian Securities & Investments Commission (ASIC)
ASIC Regulatory Guide 209 Credit Licensing: Responsible Lending Conduct
ASIC Regulatory Guide 271: Internal Dispute Resolution
ASIC Regulatory Guide 277: Consumer Remediation
ASIC Regulatory Guide 96 Debt Collection Guideline: For collectors and creditors
e-Safety Commissioner
Safety by Design
Office of the Australian Information Commissioner
Privacy guidance for organisations
Australian Finance Industry Association (AFIA) – Member Portal (login required)
Privacy Toolkit
Cyber Toolkit
For Customers
Australian Securities & Investments Commission (ASIC)
Australian Finance Industry Association (AFIA)
Consumers in financial difficulty – where to get help?
Business customers – where to get help?
Australian Small Business and Family Enterprise Ombudsman (ASBFEO)
Resources and tools for small business
Mortgage & Finance Association of Australia
Factsheet: How mortgage brokers get paid
Meet the AFIA Finance Industry Code Compliance Committee (FICCC)
Meet the AFIA Finance Industry Code Compliance Committee (FICCC)
Tim Grimwade, Chair
Tim is the independent Chair of FICCC. He previously held executive general manager roles at the ACCC, leading divisions responsible for consumer, small business and product safety, and legal and economics. He has nearly 30 years of consumer and competition law, policy, regulation and compliance experience, together with public sector leadership. Tim was a member of the ACCC executive management board for 15 years and has significant corporate and board governance capabilities as well as extensive people, project and budget management experience. He is skilled in engagement with key consumer and industry group stakeholders, negotiating industry code compliance, and working with government and counterpart agencies. Tim oversaw major investigations and projects for the ACCC that generated numerous positive outcomes for the public. Prior to joining the ACCC, he was a senior adviser in the Department of the Prime Minister and Cabinet, and before that he worked at the New Zealand Commerce Commission.
Jillian Brewer, Member
Member
Jill is the current Chair of the BNPL Code Compliance Committee, having been nominated by the Consumers Federation of Australia (CFA) as the consumer representative on the CCC. Jill is an experienced lawyer, conciliator, investigator and trainer with more than 20 years’ experience in alternative dispute resolution. She has held senior roles with industry ombudsman schemes in banking and telecommunications, and has also worked in compliance roles at a major bank and as a solicitor in private practice and government. Jill’s career in the financial services industry and retail banking gives her valuable insights as a consumer advocate about consumer perspectives, experiences and needs.
Geoff Coates
Member
Geoff has 40 years of experience in banking, life insurance and funds management and has held board, CEO and senior executive roles in strategy, distribution, products and marketing. He is a business and finance adviser, executive coach and mentor. Geoff was previously Chair of the Advisory Board Centre supporting entrepreneurs through effective, commercially-focused board structures. From 2010 to 2016 Geoff was Chair of Commonwealth Bank Indonesia, and has held a range of executive and other roles over an extensive banking and finance career.
Edward Martin
Member
Ed is a partner at national law firm Gadens. He specialises in major, complex disputes and investigations and has extensive experience acting for clients ranging from multinational and ASX-listed companies to not-for-profits and government. Ed regularly advises on complex commercial disputes, contentious regulatory cases, investigations and commissions of inquiry – particularly those relating to the financial services, education and healthcare industries. His regulatory work involves Australia’s key corporate regulators including ASIC, APRA and the ACCC, although his experience extends to disputes and investigations involving other regulators such as AUSTRAC, the Federal Police and the Australian Communications and Media Authority.
Vicki Mullen
Member
Vicki is the current Chair of the Insurance Premium Funding Code Compliance Committee. Vicki is a senior consultant at Finity Consulting and before that she was a principal at PFS Consulting. From 2019 to 2022, she was an ombudsman at the Australian Financial Complaints Authority, resolving complaints between parties about insurance-related disputes. Vicki has also worked in policy, governance, regulation and consumer relations roles at the Insurance Council of Australia, Financial Services Council and the Actuaries Institute, and in senior roles at several major insurance companies. Vicki commenced her career as a policy officer in the NSW Cabinet Office and then became a senior policy advisor to a cabinet minister.
The FICCC is an independent committee that has been established under a Terms of Reference to monitor, investigate and enforce compliance with the Finance Industry Code of Practice (the Code).
Functions & Responsibilities
- Consider applications by AFIA Members to become Code Members
- Establish and maintain an up-to-date list of Code Members
- Receive compliance reports to monitor adherence to the Code
- Investigate alleged breaches within its powers
- Make determinations on breaches
- Recommend or take action to remedy breaches
- Oversee implementation of corrective measures
- Impose sanctions for uncorrected breaches
- Exercise powers under By-Laws and Code
Guiding Principles
- Act fairly, effectively, with integrity and impartiality
- Be transparent and accountable
- Communicate clearly with stakeholders
- Promote the Code and its work
Decision-Making Criteria
When deciding whether a Code Member has breached the Code, FICCC must act independently and consider:
- Relevant decision-making principles
- All applicable Code provisions
- Any protocol about Code requirements
Does FICCC Deal With Complaints?
No. FICCC does not deal with individual complaints or disputes between customers and Code Members about their products.
If you want to make a complaint, contact the Code Member directly — they will handle it through their internal dispute resolution process.