ASIC consults on reform to electronic delivery of credit documents
The Australian Securities and Investments Commission has entered into consultation with credit licensees over potential changes to the Electronic Transaction Regulations, with a view to making it easier for licensees to give documents to customers in electronic form.Under the current rules a lender, broker or other credit representative must obtain written consent from a customer before sending credit documents electronically.Consent can only be given after the customer has received warnings about specified matters.ASIC does not have the power to change the regulations but it plans to give advice to the Attorney-General's Department, which is currently reviewing the regulations.In a letter to stakeholders, ASIC senior lawyer Richard McMahon said it was ASIC's understanding that the A-G's Department supported repeal of the rule requiring written consent. McMahon said ASIC supported such a change.ASIC is seeking views on whether a number of exemptions in the regulations, which prohibit specified documents from being sent out electronically under any circumstances, should be retained.Exempt documents where ASIC believes the exemption could be removed include Section 8 of the National Credit Code, which details the guarantees to which the Code applies; copies of signed guarantees to be provided to guarantors; copies of credit contracts to be provided to guarantors; and requests for entry to residential properties to take possession of goods.ASIC is proposing to maintain the exemption for certain other documents. These include notices prior to enforcement action in relation to a credit contract; notices prior to enforcement action in relation to a mortgage; notices following repossession of mortgaged goods; and written demands for satisfaction of judgments.