Sydney broker receives fine for Credit Act breach
A Sydney-based mortgage broker has received a $27,500 fine for advertising credit services it was not licensed to provide, according to the Australian Securities and Investments Commission (ASIC).
ASIC has served the company with a credit infringement notice, the first notice of this kind to be issued since the introduction of the National Consumer Credit Protection Act in July 2010.
The regulator alleged the company continued to advertise credit services on its website despite being notified by ASIC that it could be in breach of the NCCP Act because the company was not registered, authorised or licensed to provide credit services.
ASIC chairman Greg Medcraft said where the regulator identifies the possible breach of the consumer credit laws of this type, the first step is to require the company to take action and ensure they comply.
“If the company fails to comply, the credit infringement notice regime allows ASIC to deal with certain civil penalty contraventions by issuing an infringement notice for payment of a penalty as an alternative to commencing civil penalty proceedings,” Medcraft said.
The mortgage broker would be required to pay the fine within 28 days from the infringement notice issue date.
If the company decided not to pay the penalty – which the regulator said would not be an admission of guilt – ASIC could commence civil proceedings against the company for a maximum penalty of $1.1 million.
Medcraft added mortgage brokers were the gatekeepers between consumers and lenders and that they had an obligation to act in accordance with the law.
Recommended for you
ASIC has released the results of its first adviser exam to be held in 2025, with 241 candidates attempting the test.
Quarterly Wealth Data analysis has uncovered positive improvements in financial adviser numbers compared with losses in the prior corresponding period.
Holding portfolios that are too complex or personalised can be a detractor for acquirers of financial advice firms as they require too much effort to maintain post-acquisition.
As the financial advice profession continues to wait on further DBFO legislation, industry commentators have encouraged advisers to act now in driving practice efficiency.
