Car Dealers in WA currently enjoy a ‘point-of-sale exemption’ contained in the National Consumer Credit Protection Act means a dealership or retailer does not need to hold a credit licence or comply with responsible lending obligations.
As part of the banking royal commission, this month a recommendation has been made that this exemption be abolished.
It is an offence under s29 of the National Credit Act to engage in credit activities while unlicensed, so if these amendments take place, a credit licence will need to be obtained if providing finance to customers.
The fee to have a credit license is approximately $3000 pa, but specific requirements must be met to apply. If you would like clarity about the proposed changes, or apply for such a licence, legal advice is important.
In relation to the increasingly common ‘buy now, pay later’ services such as AfterPay, they do not charge interest, so do not need to be covered by consumer credit laws.
