Mandatory CCR bill reintroduced
The government has re-introduced its mandatory comprehensive credit reporting bill, updating it to include provisions covering financial hardship. National Consumer Credit Protection Amendment (Mandatory Comprehensive Credit reporting and Other Measures) Bill 2019, amends the Credit Act to mandate CCR for large authorised deposit-taking institutions.The original version of the bill was passed in the House of Representatives in June last year, where it sat in the queue until Parliament was prorogued before this year's May election. The bill then lapsed.In some respects, the bill is redundant because the big banks have been implementing CCR since last year, when the government first threatened to make the system compulsory for them.The Australian Retail Credit Association estimates that the proportion of consumer credit accounts in the comprehensive system is now up to around 80 per cent.Under the bill, an ADI is deemed to be "large" if its total resident assets are greater than A$100 billion.By 29 June 2020, large ADIs must supply credit information on 50 per cent of their consumer credit accounts to all credit reporting bodies the ADI had a contract with on 2 November 2017.How the ADI chooses to make up 50 per cent of its accounts is up to the ADI.A year later, 29 June 2021, large ADIs must supply credit information on the remaining accounts and those held by subsidiaries of the large ADI.Following bulk supply of data, ADIs will have to maintain up-to-date supply of data.If the ADI has reasonable grounds to believe the credit reporting body is not meeting its security obligations under the Privacy Act it can withhold the supply of data. ASIC will monitor compliance.At this stage there is no requirement for smaller ADIs to be part of the CCR system. The government will review the scheme in 2023.The bill also includes an amendment to allow credit reports to include information about financial hardship arrangements. Under the proposed change, hardship indicators will identify where a hardship arrangement is in place and whether a consumer is making payments in accordance with that arrangement.