What is the National Credit Code?

Table of Contents

Share at:

The 1st of July 2010 is an important date for credit lenders and borrowers as the National Credit Code (NCC) came into operation. The NCC is included in Schedule 1 of the National Consumer Credit Protection Act 2009 (Cth) (NCCP) and it replaces the Uniform Consumer Credit Code (UCCC).

Before the national credit law regime came into effect, the Uniform Consumer Credit Code regulated credit and consumer issues in the States and Territories, with additional codes implemented by individual states for issues that lacked the UCCC’s coverage. The NCC and NCCP provide a uniform set of consumer credit laws applying to all State and Territories. Additionally, the aim of these laws is to create a protection mechanism for consumers.

What is the National Credit Code?

In short, the NCC introduces new aspects to the licensing of credit service providers and obligations regarding credit lending conduct. The code and the act are regulated by the Australian Securities and Investments Commission (ASIC).

Who does it apply to?

ASIC’s guide outlines that the NCC is applicable to credit contracts that began on or after 1 July 2010 under the following circumstances:

  • the debtor is a natural person or strata corporation;
  • the credit is for personal, domestic or household purposes, or to purchase, renovate or improve residential property for investment purposes, or to refinance credit previously provided for this purpose.
  • there is a charge for providing the credit; and
  • the lender is in the business of providing credit.

There are exceptions to the code’s application in certain circumstances involving short-term credit, insurance premiums paid by instalments, some debit and bill facilities, and some loans including employee loans and margin loans. For a detailed list view Legal Services Commission’s guide.

How does it affect you?

The NCC regulates most consumer credit transactions taking place across Australia. It aims to provide consumers with a protective framework when dealing with credit lenders. If you have been on the wrong side of the code, the advice of a competition lawyer may helpful. The NCC deals with the following:

Licensing requirements

Under the NCC, all credit providing organisations must be licensed. Furthermore, the licensee must be a member of an external dispute resolution scheme to allow consumers a greater access to justice.

Get a free legal document when you sign up to Lawpath

Sign up for one of our legal plans or get started for free today.

Responsible lending

The lenders cannot engage in unfair or dishonest conduct or the consumer can seek remedies by applying to the Court. The credit lenders must disclose the rights and obligations of the consumer in the contract in easy to understand terms.

Furthermore, credit lenders must not make contracts with consumers who would find it difficult to meet their repayments. Credit providers are prohibited from entering into a loan contract without doing a credit assessment. If you owe your lender less than $500,000 you can access your lender’s financial hardship provisions.

For example, if you lose your job or obtain a serious injury preventing you from earning an income, you may be eligible to discuss a change of credit contract with your lender so you can meet your repayments. A Court Order can also enforce changes to a credit contract if it is unjust.

Comparison rates

The NCC requires inclusion of a comparison rate by the credit providers when advertising fixed term credit so that the consumers are aware of the interest rate, fees and any commissions. It’s aim is to make it easier for consumers to compare different credit products.

Find the perfect lawyer to help your business today!

Get a fixed-fee quote from Australia's largest lawyer marketplace.

Share at:

Simplify creating legal documents today

Browse through Lawpath's AI tools which can be used to draft, review and refine legal documents today!

Related Articles

Running a Cash Only Business? Tips for Keeping Track for Tax

Cash only businesses are fairly common. This does not mean they are tax exempt. Keep reading to find out how a business should keep track for tax.

Tax Considerations to Make if You Want to Start a Partnership

Thinking about starting a partnership? Read this guide to find out what tax implications are involved and how they could affect you as an individual.

What Are Franking Credits? Preventing Double-Taxation on Australian Investments

Worried about double taxation on your dividends? Learn about franking credits and how they protect your income.

What Assets Are Taxable Under The Capital Gains Tax (CGT)?

Whether you run a business or plan to sell assets, it's important to know when the Capital Gains Tax (CGT) applies to you.

What Can You Claim on Tax? (2026 Update)

When lodging your tax return, there are expenses you can claim including costs relating to work, tax management and donations. Find out more here.

What Happens If You Don’t Lodge Your Tax Return On Time?

Halloween isn't the only scary thing that happens on 31 October