The Australian Finance Industry Association has published the Buy Now Pay Later (BNPL) Code which commenced on 1 March 2021. It applies currently to 8 BNPL providers when they provide BNPL Products or Services.
The Code is a contractually enforceable commitment by the providers to comply with best practice standards for the sector and provide consumer protections.
BNPL Product or Service means:
- A shorter-term product or service for the purchase of goods or services where the purchase price is repaid in equal instalments. Consumers pay no extra charges if they pay within a specified period; or
- A product or service that is a continuing credit contract for the purchase of goods or services. Some contracts require a minimum periodic repayment; others involve a fixed repayment plan for each purchase. Multiple advances of credit may be available. Fees and charges are limited to $200 in the first year and $125 in each subsequent year; and
- There is a contract between the customer and the BNPL Provider, and a contract between the customer and the Merchant or Retail Partner; and
- The customer buys and receives goods or services from a Merchant or Retail Partner; the BNPL Provider pays the Merchant or Retail Partner for the purchase (minus merchant fees); and the customer repays the Buy Now Pay Later Provider for their purchase.
The Code does not apply to BNPL Products or Services that are offered as part of a product under the National Credit Code.
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Author: David Jacobson
Principal, Bright Corporate Law
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About David Jacobson
The information contained in this article is not legal advice. It is not to be relied upon as a full statement of the law. You should seek professional advice for your specific needs and circumstances before acting or relying on any of the content.
