The Australian Securities and Investment Commission (Fair Bank & Credit Card Fees) Amendment Bill 2007 has been referred to the Senate Economics Committee which is due to report on 17 September.
The Bill seeks to implement the following measures:
- prohibiting penalty fees imposed on failed financial
services transactions if the customer had no actual
or constructive knowledge that the transaction would fail. An example of a failed transaction
where the customer had no actual or constructive knowledge that the
transaction would fail is the presentation in good faith by a customer
of a cheque which is then dishonoured; - ensuring penalty fees for financial services represent a reasonable estimate
of the loss suffered by the supplier as a result of the conduct by which
the consumer incurs the penalty fee; and - enabling ASIC to enforce undertakings from financial services suppliers with respect to penalty fees.
The closing date for submissions is Friday 31 August 2007.