Australia: lending & credit regulation

Regulated

ASIC credit licensing under NCCP Act; APRA regulates ADI credit risk

Also involved
APRA (ADI prudential standards) · ACCC (unfair contract terms)
Core law
National Consumer Credit Protection Act 2009 (NCCP Act)
Entry capital
Approval timeline
3-6 months
Customer assets
Trust accounts or segregated funds required
Data protection
Privacy Act 1988 · OAIC
Sandbox
No
Monthly snapshots:2026-07

Non-bank lending and credit activities are strictly regulated by ASIC under the NCCP Act. Entities must hold an Australian Credit Licence (ACL) unless exempt. APRA supervises credit risk management for Authorized Deposit-taking Institutions (ADIs) but does not license non-bank lenders. Recent guidance emphasizes responsible lending, best interests duties, and specific rules for BNPL and low-cost credit.

Which licence do you need?

Your activityRequirementCapitalTimelineAuthority
Consumer lendingLicenceAustralian Credit Licence (ACL)[1][2]

Responsible lending obligations apply

ASIC
SME / commercial lendingLicenceAustralian Credit Licence (ACL)[3]

Exemptions may apply for large commercial loans

ASIC
MicrofinanceLicenceAustralian Credit Licence (ACL)[4]

Specific guidance for low cost credit contracts

ASIC
Buy-now-pay-laterLicenceAustralian Credit Licence (ACL)[4]

Regulated as low cost credit

ASIC
P2P lending platformLicenceAustralian Credit Licence (ACL)[3]

Platform operators require licensing

ASIC
Credit bureau / scoringUncertainverify with regulator

Privacy obligations apply

Debt collectionLicenceAustralian Credit Licence (ACL)[1]

Conduct obligations apply

ASIC

New — what changed recently

  • 2026-03-09RG 205 Credit licensing: General conduct obligationsClarified regulator expectations for compliance with general conduct obligations under the NCCP Act.[1]
  • 2025-09-11APG 223 Residential Mortgage LendingIssued guidance on prudent risk management practices for residential mortgage lending for ADIs.[5]
  • 2025-05-08RG 281 Low cost credit contractsProvided guidance on how the credit regime applies to BNPL and other low cost credit products.[4]

Market-entry checklist

  1. 1Apply for Australian Credit LicenceSubmit online application to ASIC demonstrating competence and compliance capacity.
  2. 2Implement Responsible LendingEstablish procedures to verify borrower suitability and financial capacity under NCCP Act.
  3. 3Set Up Breach ReportingCreate systems to report specific breaches to ASIC as required by Division 3 of Part 7.6.
  4. 4Ensure Data Privacy ComplianceAdhere to Privacy Act 1988 obligations for handling consumer credit data.
This guide is compiled automatically from 5 primary-source documents published by Australia's regulators, reviewed by RegAlert, and refreshed monthly (last updated 2026-08-01). It is not legal advice — always confirm requirements with the regulator or local counsel before acting.