Credit: Relief
´óÏóÊÓÆµmay grant relief from various provisions of the credit legislation by making individual instruments, or legislative instruments (previously known as class orders) which have a wider application.
Individual instruments and legislative instruments made under the credit legislation are not published in the ´óÏóÊÓÆµGazette.
This page contains:
- Relief under the credit legislation
- Applying for individual relief
- Credit relief instruments
- Legislative instruments
- More information
Relief under the credit legislation
´óÏóÊÓÆµmay give relief from:
- the licensing provisions under Chapter 2 of the National Credit Act
- the responsible lending conduct provisions under Chapter 3 of the National Credit Act
- the provisions of the National Credit Code.
´óÏóÊÓÆµgives relief by way of individual instruments and legislative instruments.
Individual instruments are made in response to an application by a person (see Applying for individual relief).
Legislative instruments apply to a class of persons or contracts and are generally made by ´óÏóÊÓÆµof its own initiative. These instruments are sometimes also made in response to an application by a person or an industry association when ´óÏóÊÓÆµforms the view that the relief ought to apply more broadly.
Applying for individual relief
When applying for individual relief from the credit legislation, make sure you:
Credit relief instruments
Individual instruments made under the credit legislation (including section 203A of the National Credit Code, which is Schedule 1 to the National Consumer Credit Protection Act 2009 (National Credit Act)) are published on the ´óÏóÊÓÆµwebsite. Specified exclusions made under subsections 6(14) and 171(4) of the National Credit Code are not published on the ´óÏóÊÓÆµwebsite and are not available to the public.
See list of credit relief instruments.
Legislative instruments
Legislative instruments (previously known as class orders) made under the credit legislation are registered on the (FRL).
´óÏóÊÓÆµalso publishes the text of certain legislative instruments on the ´óÏóÊÓÆµwebsite for the purposes of paragraphs 109(6)(a) and 163(6)(a) of the National Credit Act and for the purposes of paragraph 41(6)(a) of Schedule 2 to the National Consumer Credit Protection (Transitional and Consequential Provisions) Act 2009.
See list of legislative instruments.
More information
- Regulatory Guide 208 How ´óÏóÊÓÆµcharges fees for credit relief applications (RG 208)
- Summary reports of ´óÏóÊÓÆµrelief applications
- Credit
- Credit: General conduct obligations
- Credit: Notices and offences
- Responsible lending
- Debt collection
- Schedule 1 forms – Credit regulations