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ASIC Credit (Deferral of Mortgage Broker Obligations) Instrument 2020/487

I, Grant Moodie, delegate of the Australian Securities and Investments Commission, make the following legislative instrument.

 

Date 22 May 2020

 

 

 

 

Grant Moodie

 

Contents

Part 1—Preliminary

1 Name of legislative instrument

2 Commencement

3 Authority

4 Definitions

Part 2—Exemptions

5 Best interests obligations

6 Ban on conflicted remuneration

Part 1Preliminary

1 Name of legislative instrument

This is the ASIC Credit (Deferral of Mortgage Broker Obligations) Instrument 2020/487.

2 Commencement

This instrument commences on the day after it is registered on the Federal Register of Legislation.

Note: The register may be accessed at www.legislation.gov.au.

3 Authority

This instrument is made under subsection 163(3) of the National Consumer Credit Protection Act 2009.

4 Definitions

In this instrument:

Act means the National Consumer Credit Protection Act 2009.

Part 2—Exemptions

5 Best interests obligations

(1) The classes of persons specified for the purposes of this section are exempt from all provisions of Division 2 of Part 3-5A of the Act in relation to the provision of credit assistance to a consumer before 1 January 2021.

(2) The classes of persons specified for the purposes of this section are:

(a) a mortgage broker; and

(b) a credit representative of a licensee that is a mortgage broker.

6 Ban on conflicted remuneration

(1) The classes of persons specified for the purposes of this section are exempt from all provisions of Division 4 of Part 3-5A of the Act in relation to a benefit given before 1 January 2021 to a licensee or a representative of a licensee.

(2) The classes of persons specified for the purposes of this section are:

(a) a mortgage broker; and

(b) a mortgage intermediary; and

(c) a credit representative of a licensee that is a mortgage broker or a mortgage intermediary; and

(d) a credit provider; and

(e) an employer of a mortgage broker or mortgage intermediary; and

(f) an employer of a representative of a mortgage broker or mortgage intermediary.