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BNPL regulation perfect opportunity to clean up credit law mess

Not even the infamous ‘wagyu and shiraz’ case clarified what exactly lenders need to do to check the creditworthiness of borrowers.

James Eyers
James EyersSenior Reporter

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Confusion around what sort of borrower checking is required to meet obligations under the Credit Act remains widespread, say lending experts who are calling for the law to be clarified before the buy now, pay later sector is brought under those rules for the first time.

Several submissions to Treasury’s review of buy now, pay later regulation published last week, including the Australian Securities and Investments Commission’s, urged the strictest model for regulation. This would include subjecting those operators to full responsible lending checks under the National Consumer Credit Protection Act.

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James Eyers writes on banking, payments and fintech. He is a former legal and investment banking editor at the AFR, has degrees in commerce and law from UNSW, and is co-author of Buy now, pay later: The extraordinary story of Afterpay Connect with James on Twitter. Email James at jeyers@afr.com.au

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    Original URL: https://www.afr.com/companies/financial-services/bnpl-regulation-perfect-opportunity-to-clean-up-credit-law-mess-20230213-p5ck48