In ASIC report 288, ASIC gives the following examples of recent credit relief decisions:
- ASIC granted conditional licensing relief to a charitable body providing credit to its registered members. It granted this relief because it considered that, if relief were not granted, the costs of maintaining this service to registered members would be prohibitive and there was a potential consequence that the loan program would be withdrawn or the costs of the loans for registered members would be increased.
- ASIC refused to grant relief from s144(1) of the National Credit Code, which prohibits the provision of credit to pay the premium on insurance taken out over mortgaged property for a period exceeding one year. It was not satisfied that the applicant had established that compliance with s144 was disproportionately burdensome to the regulatory benefits of compliance or that if relief were granted the potential for detriment to consumers would only be minimal.
- ASIC refused relief to a number of credit licensees seeking to enable a person with less authority and responsibility to sign the annual compliance certificate (ACC) because it considered this to be contrary to the intention of the requirement.