Code of Banking Practice 2013 - Online Version

 


 

CODE OF BANKING PRACTICE

PART A: INTRODUCTION

1. Introduction

This Code is a voluntary code of conduct which sets standards of good banking practice for us to follow when dealing with persons who are, or who may become, our individual and small business customers and their guarantors.

PART B: APPLICATION

2. Application of this Code

2.1. This version of the Code of Banking Practice commences on the 2013 transition date, and we will generally apply this Code to:

(a) new banking services we provide to you on or after that date;
(b) new Guarantees we take from you on or after that date; and
(c) things we do on or after that date in respect of some pre-existing banking services and Guarantees.

2.2. There are some exceptions to these general principles. Please see clause 41 for more details of how the Code will apply in relation to your existing and new banking services or Guarantees.

PART C: OUR KEY COMMITMENTS AND GENERAL OBLIGATIONS

3. Our key commitments to you

3.1. We will:

(a) through the ABA, consult with small business and consumer organisations, to continuously work towards improving the standards of practice and service in the banking industry (see also clause 6.3);

(b) promote better informed decisions about our banking services:

i. by providing effective disclosure of information;

ii. by explaining to you, when asked, the contents of brochures and other written information about banking services; and

iii. if you ask us for advice on banking services:

A. by providing that advice through our staff authorised to give such advice;

B. by referring you to appropriate external sources of advice; or

C. by recommending that you seek advice from someone such as your legal or financial adviser;

(c) provide general information about the rights and obligations that arise out of the banker and customer relationship in relation to banking services;

(d) provide information to you in plain language;

(e) communicate with you and/or your representatives in a timely and responsible manner whether by written or electronic communications (including by telephone); and

(f) monitor external developments relating to banking codes of practice, legislative changes and related issues.

3.2. We will act fairly and reasonably towards you in a consistent and ethical manner. In doing so we will consider your conduct, our conduct and the contract between us.

3.3. In meeting our key commitments to you, we will have regard to our prudential obligations.

4. Compliance with laws

4.1. We will comply with all relevant laws relating to banking services.

4.2. If this Code imposes an obligation on us, in addition to obligations applying under a relevant law, we will also comply with this Code except where doing so would lead to a breach of a law (for example, a privacy law).

5. Retention of your rights

In addition to your rights under this Code, you retain any rights you may have under Federal, State and Territory laws.

6. Review of this Code

6.1. We will require the ABA to commission an independent review of this Code every 5 years after the commencement date of this Code, or earlier at our request, with the review to be conducted in consultation with:

(a) banks which adopt this Code;

(b) small business and consumer 
organisations;

(c) other interested industry associations;

(d) relevant regulatory bodies; and

(e) other interested stakeholders.

6.2. We will participate in any such review and co-operate with the person conducting it.

6.3. We will require the ABA to establish, and we will support, a forum (including consumer, small business and banking industry representatives) for the exchange of views on:

(a) banking issues; and

(b) the effectiveness of this Code.

We will also require the ABA to ensure that these views are taken into account in the next review of this Code.

6.4. We will require the ABA to promptly publish on its website:

(a) the recommendations and report arising from a review of this Code (and to make them available to the public in hard copy on request);

(b) reasons why any such recommendation has not been accepted; and

(c) progress reports on the implementation of those recommendations which have been accepted, until the implementation process is complete.

7. Customers with special needs

We recognise the needs of older persons and customers with a disability to have access to transaction services, so we will take reasonable measures to enhance their access to those services.

8. Customers in remote Indigenous communities

If you are a member of a remote Indigenous community, we will take reasonable steps to:

(a) make information about banking services that may be relevant to you available in an accessible manner;

(b) at your request, provide you with details of accounts which may be suitable to your needs, including in a remote location. This information may include details of our accounts which attract no or low standard fees and charges;

(c) assist you with meeting identification requirements (having regard to our obligations under the Anti- Money Laundering and Counter- Terrorism Financing Act 2006);

(d) appropriately train staff who are regularly dealing with you in a remote location to be culturally aware; and

(e) consider publicly-announced key Commonwealth, State and Territory government programs, such as income management programs, that may be relevant in providing our banking services to you.

9. Staff training and competency

We will ensure our staff (and our authorised representatives) will be trained so that they:

(a) can competently and efficiently discharge their functions and provide the banking services they are authorised to provide in compliance with this Code; and

(b) have an adequate knowledge of the provisions of this Code and its application to banking services.

10. Promotion of this Code

We will require the ABA to:

(a) promote this Code; and

(b) clearly make public:

i. which banks subscribe to this Code; and

ii. how you can get a copy of this Code.

11. Availability of copies of this Code

We will:

(a) display, at our branches, a copy of this Code in a readily visible manner;

(b) make this Code available on request;

(c) publish this Code on our website; and

(d) send this Code to you by electronic communication or mail on request.

PART D: INFORMATION WE WILL GIVE YOU ABOUT OUR BANKING SERVICES

12. Terms and conditions

12.1. We will expeditiously provide to you, or any person, on request:

(a) the terms and conditions of any ongoing banking service we currently offer;

(b) full particulars of standard fees and charges that are, or may become, payable for any banking service we currently offer; and

(c) particulars of the interest rates applicable to any banking service we currently offer.

12.2. The terms and conditions of our banking services will:

(a) be distinguishable from marketing or promotional material;

(b) be in English and any other language we consider to be appropriate;

(c) be consistent with this Code;

(d) be provided at the time of, or before the contract for an ongoing banking service is made, except where it is impracticable to do so, in which case they will be provided as soon as practicable afterwards; and

(e) draw attention to the availability of the general descriptive information referred to in clauses 15.1 and 15.2 if it is relevant, and where relevant, will specifically mention the availability of information about:

i. account opening procedures;

ii. our obligations regarding the confidentiality of your information;

iii. complaint handling procedures;

iv. bank cheques;

v. the advisability of you informing us promptly when you are in financial difficulty; and

vi. the advisability of you reading the terms and conditions applicable to the relevant banking service.

12.3. Any written terms and conditions will include a statement to the effect that the relevant provisions of this Code apply to the banking service but need not set out those provisions.

12.4. We will include (where relevant) the following in, or with, our terms and conditions applying to a banking service:

(a) the standard fees and charges that then apply;

(b) the method by which interest, if any, is calculated and the frequency with which it will be credited or debited;

(c) the manner in which you will be notified of changes to:

i. the terms and conditions;

ii. fees and charges; and

iii. interest rates;

(d) if appropriate, the fact that more than one interest rate may apply;

(e) any minimum balance requirement or restriction on depositing money in, or withdrawing money from, an account;

(f) for term deposits:

i. how we will pay interest and repay the principal;

ii. how funds may be dealt with at maturity; and

iii. details of any fee or charge or change in an interest rate resulting from a withdrawal in advance of maturity;

(g) in respect of a loan to you which is not regulated by the National Credit Code, the repayment details;

(h) subject to clause 26, the frequency with which statements of account will be provided;

(i) a statement that information on current interest rates and standard fees and charges is available on request;

(j) how we will process the cancellation of a direct debit request relevant to a banking service, in accordance with clause 21 of this Code; and

(k) how you or we may alter or stop another payment service.

12.5. We will include in, or with, the terms and conditions for our credit cards and, where relevant, debit cards:

(a) general information on chargeback rights;

(b) a prominent statement:

i. that you should report a disputed transaction to us as soon as possible (so that we may reasonably ask for a chargeback where such a right exists); and

ii.which refers you to the specific reporting requirements for disputed transactions in your credit card terms and conditions and that time limitations may not apply in circumstances where the ePayments Code applies; and

(c) a warning that the ability to dispute a transaction may be lost if it is not reported within the timeframes we specify or describe.

12.6. If you have a credit facility secured over your primary place of residence or your residential investment property with us, we will remind you annually of your obligations to insure the property under the terms and conditions of your relevant mortgage. Our reminder to you will also include:

(a) a general statement to make inquiries with your insurer about your cover; and

(b) a reference to ASIC’s MoneySmart website (www.moneysmart.gov.au) for information on property insurance.

13. Copies of documents

13.1. If you request a copy of a document, you may have rights in respect of that request under the National Consumer Credit Protection Act 2009 or Chapter 7 of the Corporations Act 2001, which are greater than those which apply under this Code. We will comply with the relevant law when it applies. Otherwise this clause 13 applies.

13.2. At your request, we will give you a copy of any of the following documents that we have retained in accordance with relevant legislation for the retention of documents, relating to a banking service you have, or had, with us:

(a) a contract (including terms and conditions, standard fees and charges and interest rates);

(b) any mortgage or other security document;

(c) a statement of account; and

(d) a notice previously given to you relevant to us exercising our rights.

13.3. We will, subject to clauses 13.4 and 13.5, provide you with a copy of a document:

(a) within 14 days, if the original came into existence 1 year or less before the request is given;

(b) within 30 days, if the original came into existence more than 1 year but less than 7 years before the request is given; and

(c) otherwise within a reasonable time.

13.4. We do not have to give you a copy of a notice which requires you to take action if we receive the request more than 2 years after discharge or termination of the original contract to which the notice is related.

13.5. We do not have to give you another copy of a statement of account within 3 months after we have given you a copy of the same statement of account.

13.6. A copy of a document provided to you under this Code may be in electronic form containing the same information as the original or in any other form as mutually agreed.

13.7. We may charge you a reasonable fee for providing you with a copy of a document under this Code.

14. Cost of credit

We will make available to you, a prospective customer or an appropriate external agency the interest rates and standard fees and charges applicable to a banking service that is a credit facility offered by us, for use in the preparation of a comparison rate.

15. Operation of accounts

15.1. We will provide to you or a prospective customer, on request, general descriptive information concerning our banking services, including where appropriate:

(a) account opening procedures;

(b) our obligations regarding the confidentiality of your information;

(c) complaint handling procedures;

(d) bank cheques;

(e) the advisability of you informing us promptly when you are in financial difficulty so that we may discuss your situation; and

(f) the advisability of you reading the terms and conditions applying to the relevant banking service.

15.2. When you open an account with cheque access, and on request, we will provide you with general descriptive information on:

(a) the time generally taken for clearing a cheque and how a cheque may be specially cleared;

(b) the effect of crossing a cheque, the meaning of “not negotiable” and “account payee only” and the significance of deleting “or bearer” when any of these expressions appear on a cheque;

(c) how and when a cheque may be stopped;

(d) how a cheque may be made out so as to reduce the risk of unauthorised alteration; and

(e) the dishonour of cheques, including post-dated and stale cheques.

16. Account suitability

16.1. Clause 16 does not apply if you are a small business.

16.2. If you tell us that:

(a) you are a low income earner or a disadvantaged person (regardless of whether you are an existing or prospective customer); or

(b) you would like factual information about accounts which attract no or low standard fees and charges,

we will provide you with factual information about any of our accounts which may be suitable to your needs. That information may include details of our accounts which attract no or low standard fees and charges.

16.3. If in the course of speaking with you, in relation to your accounts, we become aware that you may be the holder of a Commonwealth Seniors Health Card, Health Care Card or Pensioner Concession Card (regardless of whether you are an existing or prospective customer), we will provide you with factual information about our accounts which attract no or low standard fees and charges.

16.4. Please note that we will not assess continuously whether you may be a low income earner or a disadvantaged person, but we encourage you to let us know at any time if this is the case.

16.5 We will make information publicly available about accounts which attract low or no standard fees and charges on our website and through other means.

16.6 We will train staff to help them to recognise a customer that may qualify for an account which attracts no or low standard fees and charges.

16.7 Information disclosed under this clause 16 will include:

(a) terms and conditions of relevant accounts; and

(b) fees and charges for relevant accounts.

PART E: BANKING SERVICES PRACTICES

17. Bank cheques and inter-bank transfers

Where we charge you for the provision of a bank cheque, an inter-bank transfer or like service, we will disclose the fee or charge to you when the service is provided, or at any other time on request, except where the relevant banking service is regulated by Chapter 7 of the Corporations Act 2001.

18. Pre-contractual and new account information

18.1. We will disclose to you the existence of any application fee or charge and whether the fee or charge is refundable if your application is rejected or not pursued. This will be done before you are liable to pay any such fee or charge.

18.2 We will provide to you or a prospective customer on request, general descriptive information (which may consist of, or include, material made available by a government) about:

(a) the identification requirements of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006; and

(b) the options available to you or a prospective customer under tax file number legislation.

18.3 When you already have an account with us and we open a new account for you, we will state in writing:

(a) whether the new account may be combined with the existing account; and

(b) what the consequences are if the accounts are combined.

19. Account combination

19.1 We will inform you promptly after exercising our right to combine your accounts. In exercising a right to combine accounts, we will comply with any applicable requirements of the Code of Operation for Department of Human Services and Department of Veterans’ Affairs Direct Credit Payments.

19.2 We will not exercise our right to combine your accounts in connection with amounts you owe in respect of your credit facility with us which is regulated by the National Credit Code:

(a) while we are actively considering your financial situation under clause 28 or under the hardship provisions of the National Credit Code. We may ask you, as a condition of not exercising our right to combine your accounts, that you agree to retain funds in an account until our decision on your application has been made; or

(b) while you are complying with an agreed arrangement with us resulting from our considerations referred to in clause 19.2(a).

20. Changes to terms and conditions

20.1. When, in relation to a banking service, we intend to:

(a) introduce a fee or charge (other than a government charge referred to in clause 20.2);

(b) vary the minimum balance to which an account keeping fee applies;

(c) vary the method by which interest is calculated;

(d) vary the balance ranges within which interest rates apply to a deposit account; or

(e) vary the frequency with which interest is debited or credited,

we will provide written notice of the introduction or variation to you at least 30 days before the change takes effect except where this notice is not required, where you cannot reasonably be located or you have engaged in the transaction or procured the service anonymously.

20.2. We will notify you of the introduction or variation of a government charge payable directly, or indirectly, by you by advertisement in the national media or local media or in writing to you, unless the introduction or variation is publicised by a government, government agency or representative body.

20.3. We will notify you of variations to the terms and conditions (other than a variation referred to in clause 20.1 or clause 20.2) in relation to a banking service by advertisement in the national media or local media or in writing to you, no later than the day on which the variation takes effect.

20.4. If:

(a) you are a small business with a banking service being a credit facility; and

(b) we make a variation (other than a variation referred to in clause 20.1 or 20.2) to only the terms and conditions of your credit facility (and not to the terms and conditions of the credit facilities of other small business customers), and we reasonably consider the variation will be materially adverse to you,

we will give you a reasonable period of notice (not less than 10 business days) in writing of that variation, unless we consider a shorter notice period is necessary for us to avoid or reduce an increase in the credit risk to us.

20.5. In both clauses 20.3 and 20.4, for the avoidance of doubt, a variation to the terms and conditions includes a variation of standard fees and charges or of an interest rate, but does not include changes to an interest rate linked to money market rates or some other external reference rate, changes of which we cannot notify you of in advance.

20.6. Clauses 20.1 to 20.4 do not apply to a banking service regulated by:

(a) the National Credit Code; or

(b) Chapter 7 of the Corporations Act 2001.

This is because these laws have their own notice requirements.

21. Direct debits

21.1. We will take and promptly process your:

(a) instruction to cancel a direct debit request relevant to a banking service we provide to you; and

(b) complaint that a direct debit was unauthorised or otherwise irregular.

21.2. We will not direct or suggest that you should first raise any such request or complaint directly with the debit user (but we may suggest that you also contact the debit user).

21.3. Clause 21.1 does not apply to a payment service relating to a credit card account (see clause 22).

22. Chargebacks

22.1. If you have disputed a card transaction with us within the required timeframe, we will, in relation to a credit card or, where relevant, a debit card transaction (including an unauthorised payment debited to your card account pursuant to a recurring payment arrangement):

(a) claim a chargeback right, where one exists, for the most appropriate reason; and

(b) not accept a refusal of a chargeback by a merchant’s financial institution unless it is consistent with the relevant card scheme rules.

22.2. We will make available general information about chargebacks on our website or by electronic communication to you and we will notify you of the availability of this information on or with the relevant card statement of account at least once every 12 months.

23. Information relating to foreign exchange services

23.1. In providing a foreign exchange service, other than by credit or debit card or travellers’ cheque, we will provide to you:

(a) details of the exchange rate and commission charges that will apply or, if these are not known at the time, details of the basis on which the transaction will be completed if they are known to us; and

(b) an indication of when money sent overseas on your instructions would normally arrive at the overseas destination.

23.2. Prior to advancing a foreign currency loan in Australia, we will provide to you in our letter of offer, loan terms and conditions (which may be in the form of a master agreement) or other relevant document, a general warning in writing of the risks arising from exchange rate movements and will inform you generally of the availability of mechanisms, if they exist, for limiting such risks.

24. Privacy and confidentiality

We acknowledge that, in addition to our duties under the Privacy Act 1988, we have a general duty of confidentiality towards you, except in the following circumstances:

(a) where disclosure is compelled by law;

(b) where there is a duty to the public to disclose;

(c) where our interests require disclosure; or

(d) where disclosure is made with your express or implied consent.

25. Payment instruments

25.1. We will inform you of the advisability of safeguarding payment instruments such as credit and debit cards, cheques and passbooks.

25.2. We may require you to notify us, as soon as possible, of the loss, theft or misuse of your payment instruments.

25.3. We will inform you of:

(a) the consequences arising from your failure to comply with any requirement referred to in clause 25.2 that we impose on you; and

(b) the means by which you can notify us of the loss, theft or misuse of your payment instruments.

26. Statements of account

26.1. We will give you a statement of all transactions relating to your deposit account since the last statement at least every 6 months unless:

(a) the deposit account is a passbook account; or

(b) it has been agreed that:

i. some other method will be used to record the transactions; or

ii. a statement need not be provided; or

(c) no amount has been debited or credited to the account during the statement period (other than debits for government charges, or duties, on receipts or withdrawals); or

(d) we are unable, after taking reasonable steps, to locate you; or

(e) the transaction information has already been provided to you.

26.2. You may ask for more frequent statements of account on a deposit account.

26.3. Even if you are in default, we will:

(a) if it is practicable for us to do so, give you a statement on a loan account; or

(b) if it is not practicable (for example, because automatic statement generation is not available on defaulted accounts) we will inform you about the availability of statements and the method for requesting them and provide you with statements, on request, in a timely manner.

26.4. If you are a small business, or an individual and the National Credit Code statement of account provisions do not apply to your loan or other credit account, we will give you a statement of transactions on your account consistent with the content and timing requirements of the National Credit Code except where the nature of the banking service is such that it would be impractical to apply the National Credit Code statement of account provisions to the banking service.

27. Provision of credit

Before we offer, give you or increase an existing, credit facility, we will exercise the care and skill of a diligent and prudent banker in selecting and applying our credit assessment methods and in forming our opinion about your ability to repay the credit facility.

28. If you are experiencing financial difficulties with your credit facility

28.1. This clause 28 applies to a credit facility you have with us.

28.2. With your agreement and co- operation, we will try to help you overcome your financial difficulties with any credit facility you have with us. We could, for example, work with you to develop a repayment plan.

28.3. We will deal with you or, at your request, with your authorised financial counsellor or representative where you have given us their correct contact details. If our reasonable attempts to contact or otherwise deal with your financial counsellor or other representative are unsuccessful, we will revert to dealing with you.

28.4. If, in the course of our personal dealings with you, we identify that you may be experiencing difficulties in meeting your repayments under the credit facility, we may decide to contact you and invite you to discuss your situation with us and the options available to assist you in meeting your obligations in these circumstances.

28.5. If, at any time you consider you are, or expect to be, experiencing difficulties in meeting your repayments to us, you should make contact with us as soon as possible to discuss your situation with us and the options available to assist you in meeting your obligations.

28.6. We will respond promptly (for example, within the timeframes prescribed by the National Credit Code, if it applies) to any requests for assistance from you, or your authorised representative, in relation to your financial difficulties with a credit facility you have with us. We will take into account the information available to us, including the information you provide to us, about your financial situation in determining whether or not we are able to provide assistance and the nature and extent of any assistance.

28.7. If, when you contact us in any of the circumstances described in clauses 28.5 and 28.6 or when you discuss your situation with us as a result of an invitation described in clause 28.4, we think that the hardship provisions of the National Credit Code could apply to your circumstances, we will inform you about them.

28.8. We will inform you in writing of our decision whether or not to provide you with any assistance if you are in financial difficulty with a credit facility you have with us and the reasons for our decision. If we agree to provide you with assistance, we will confirm in writing the main details of the arrangements.

28.9. We will:

(a) not require you to apply for early release of your superannuation benefits to repay the whole or any part of your credit facility with us; and

(b)recommend that you seek independent advice on the option of applying for early release of your superannuation benefits, for example, from a financial counsellor or financial adviser.

Information on having your superannuation benefits released early is available from the Department of Human Services (www.humanservices.gov.au).

28.10. We will make information about our processes for dealing with customers in financial difficulty with a credit facility available on our website (including relevant contact numbers). We will inform you at your request about how to find this information on our website and we will make this information available in another format if you tell us you do not have access to our website.

28.11. We will take reasonable steps to ensure that relevant staff, who are responsible for dealing with you about your financial difficulties with a credit facility you have with us, are trained in relation to the hardship provisions of this Code and the National Credit Code.

29. Joint debtors

29.1. We will not accept you as a co- debtor under a credit facility where it is clear, on the facts known to us, that you will not receive a benefit under the facility.

29.2. We will, before signing you up as a co-debtor, take all reasonable steps to ensure that you understand that you may be liable for the full amount of the debt and what your rights are under clause 29.3.

29.3. If you are jointly and severally liable under a credit facility, we will allow you to terminate your liability in respect of future advances or financial accommodation on giving us written notice. This right only applies where we can terminate any obligation we have to provide further credit to any other debtor under the same credit facility.

30. Joint accounts and subsidiary cards

30.1. If you are opening a joint account, we will provide you with general descriptive information on:

(a) how funds may be withdrawn from the joint account, having regard to the instructions given by you;

(b) the manner in which such instructions can be varied; and

(c) your potential liability for debts incurred on the joint account.

30.2. When accepting your instructions to issue a subsidiary credit or debit card, we will:

(a) provide general descriptive information to you, as the primary cardholder, on your potential liability for debts incurred by the subsidiary cardholder using the card; and

(b) inform you, as the primary cardholder, of the means by which a subsidiary card may be cancelled or stopped and the fact that this may not be effective until the subsidiary card is surrendered or you have taken all reasonable steps to have the card returned to us.

30.3. If you are a primary cardholder, you will not be liable for the continuing use of a subsidiary card from the later of:

(a) the date you request us (as the issuing bank) to cancel the subsidiary card; and

(b) when you have taken all reasonable steps to have the subsidiary card returned to us.

31. Guarantees

31.1. This clause 31 applies to every guarantee and indemnity obtained from you (where you are an individual at the time the guarantee and indemnity is taken) for the purpose of securing any financial accommodation or facility provided by us to another individual or a small business (called a “Guarantee”), except as provided in clauses 31.15 and 31.16.

31.2. We may only accept a Guarantee if your liability:

(a) is limited to, or is in respect of, a specific amount plus other liabilities (such as interest and recovery costs) that are described in the Guarantee; or

(b) is limited to the value of a specified security at the time of recovery.

31.3. A Guarantee must include a statement to the effect that the relevant provisions of this Code apply to the Guarantee but need not set out those provisions.

31.4. We will do the following things before we take a Guarantee from you:

(a) give you a prominent notice that:

i. you should seek independent legal and financial advice on the effect of the Guarantee;

ii. you can refuse to enter into the Guarantee;

iii. there are financial risks involved;

iv. you have a right to limit your liability in accordance with this Code and as allowed by law; and

v. you can request information about the transaction or facility to be guaranteed (“Facility”) (including any facility with us to be refinanced by the Facility);

(b) tell you:

i. about any notice of demand made by us on the debtor, and any dishonour on any facility the debtor has (or has had) with us, which has occurred within 2 years before we tell you this; and

ii. if there has been an excess or overdrawing of $100 or more on any facility the debtor has (or has had) with us which has occurred within 6 months before we tell you this, and we will give you a list showing the extent of each of those excesses or overdrawings;

(c) tell you if any existing facility we have given the debtor will be cancelled, or if the Facility will not be provided, if the Guarantee is not provided;

(d) provide you with a copy of:

i. any related credit contract together with a list of any related security contracts which will include a description of the type  of each related security contract and of the property subject to, or proposed to be subject to, the security contract to the extent to which that property is ascertainable and we will also give you a copy of any related security contract that you request;

ii. the final letter of offer provided to the debtor by us together with details of any conditions in an earlier version of that letter of offer that were satisfied before the final letter of offer was issued;

iii. any related credit report from a credit reporting agency;

iv. any current credit-related insurance contract in our possession;

v. any financial accounts or statement of financial position given to us by the debtor for the purposes of the Facility within 2 years prior to the day we provide you with this information;

vi. the latest statement of account relating to the Facility (and any other statement of account) for a period during which a notice of demand was made by us, or a dishonour occurred, in relation to which we are required to give you information under clause 31.4(b)(i); and

vii. any unsatisfied notice of demand made by us on the debtor in relation to the Facility where the notice was given within 2 years prior to the day we provide you with this information; and

(e) give you other information we have about the Facility (including any facility with us to be refinanced by the Facility) that you reasonably request, but we do not have to give you our own internal opinions.

31.5. We will not ask you to sign a Guarantee, or accept it, unless we have:

(a) provided you with the information described in clause 31.4 to the extent that that information is required by this Code to be given to you; and

(b) allowed you until the next day to consider that information.

We do not have to allow you the period referred to in clause 31.5(b) if you have obtained independent legal advice after having received the information required by clause 31.4

31.6. We will:

(a) not give the Guarantee to the debtor, or to someone acting on behalf of the debtor, to arrange the signing (except if they are a legal practitioner or financial adviser); and

(b) ensure that you sign the Guarantee in the absence of the debtor where we attend the signing of the Guarantee.

31.7. We will also provide you, on request, with additional copies of any information described in clause 31.4(d) that we have given you and will do so:

(a) within 14 days, if the original came into existence 1 year or less before the request is given; or

(b) within 30 days, if the original came into existence more than 1 year before the request is given

except we do not need to do so
if we have given the requested information within 3 months prior to the request.

31.8. We will ensure that a warning notice (substantially in the form required by section 55 of the National Credit Code, and detailed in Form 8 of the National Consumer Credit Protection Regulations 2010 and which is consistent with this Code) appears directly above the place where you sign.

31.9. You may, by written notice to us, limit the amount or nature of the liabilities guaranteed under the Guarantee, except that we do not have to accept such a limit if:

(a) it is below the debtor’s liability under the relevant credit contract at the time plus any interest or fees and charges which may be subsequently incurred in respect of that liability; or

(b) we are obliged to make further advances or would be unable to secure the present value of an asset which is security for the loan (for example, a house under construction).

31.10.

What’s new

Landmark reform package
11 Dec 2017
Read the full landmark reform package that will improve consumer outcomes and confidence in mortgage broking, prepared by the Combined Industry Forum.
Download PDF

ABA blog

Here’s why Aussie banks are backing a royal commission
Anna Bligh, Australian Bankers' Association
Read more 6 Dec 2017

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