Last updated: January 09, 2011

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Access to credit just got harder

Australian Currency

New laws demand greater scrutiny of borrowers from credit card, mortgage and personal loan providers

ACCESS to credit has become more difficult with enforcement from this week of new laws that demand greater scrutiny of borrowers from credit card, mortgage and personal loan providers.

The laws are part of the National Consumer Protection Package and place a greater onus on lenders and brokers to ascertain that their customers are able to repay loans and meet lending costs.

The package, drafted in the wake of the global financial crisis, was spurred by the collapse of the US subprime mortgage market and reflects a bid by governments worldwide to make credit providers more accountable.

It applies to all authorised deposit-taking entities banks, building societies and credit unions as well as finance brokers, and stipulates that credit must be suitable for the borrower and comply with more stringent disclosure requirements.

The Federal Government is hoping the reform package will force unethical players out of the finance industry.

But there are concerns it will make large institutions loath to lend small sums due to the additional workload it imposes.

The package requires finance providers to secure greater certainty as to capacity to pay off a loan, prompting lenders to make changes to credit policies, including imposing a larger buffer between a borrower's earnings and expenses and their loan obligation.

As a consequence, borrowers will be subjected to extended investigation of their financial circumstances, including rigorous oversight of living costs, including insurance and entertainment expenses.

Banks say readying for introductions of reforms have cost many millions of dollars.

Nevertheless, despite the constraints the reform package imposes, financial institutions generally have acknowledged it will benefit consumers.