ASIC has put credit providers on notice as it launches a surveillance campaign to weed out unlicensed operators.
ASIC will conduct a surveillance campaign between September and December 2012 designed to identify entities engaging in consumer credit activities without a licence.
Under the National Consumer Credit Protection Act 2009 (National Credit Act), individuals or businesses who engage in credit activities are required to hold an Australian credit licence, or be an authorised representative of a credit licence holder.
ASIC Commissioner Peter Kell said the campaign was designed to identify traders who applied for an Australian credit licence, but withdrew their application, or had it refused.
‘By applying for a licence, they indicated an intention to engage in credit activities. Unless the trader is an authorised credit representative, or subsequently obtains an Australian credit licence, they cannot engage in credit activities,’ Mr Kell said.
‘Anyone caught engaging in unlicensed credit activity may face criminal prosecution or be banned from obtaining a credit licence.
‘We want to ensure consumers feel confident when dealing with lenders, brokers and other credit providers and one way to do this is by weeding out players who aren’t playing by the rules.’
This surveillance continues an important program of work in the credit area. In 2010, we began by checking to ensure entities were registered as was initially required under the National Credit Act.
‘We went out last year testing to see if people who applied but then did not get a licence were actually engaging in credit activities - that program was aimed at making sure industry players were aware of their new obligations. This year is about us taking enforcement action if we identify unlicensed activity,’ Mr Kell said.
More information on credit licensing and the obligations of people who engage in credit activities can be found on ASIC's website at www.asic.gov.au/credit.
Consumers who want to check if an individual or business is licensed can search ASIC's registers at www.asic.gov.au/search.
Complaints concerning individuals or companies suspected of trading without a credit licence or authorisation may be lodged with ASIC via our website (misconduct and breach reporting).