Senate Committee report on farm loans pre-empts Royal Commission
The Senate Select Committee on Lending to Primary Production Customers has published its report "on the regulation and practices of financial institutions in relation to primary production industries, including agriculture, fisheries and forestry". The reporting date for the committee was originally set as 18 October 2017, extended to 6 December 2017.The general tenor of the report and recommendations should not come as surprise, but what could cause a few double-takes are the specific recommendations on what the Australian Bankers Association should be doing.The terms of reference for the inquiry covered: the lending, and foreclosure and default practices; the roles of other service providers to financial institutions; and the appropriateness of internal complaints handling and dispute management procedures within financial institutions.Chaired by Senator Pauline Hanson, replacing Senator Roberts, alongside deputy chair, the Nationals' Senator John Williams, the committee worked through all the grievances from the bush against "the banks", large and small. "The Committee received 77 public submissions and 38 confidential submissions, largely from farmers who did not want their circumstances to be disclosed publicly," according to the Senate Select Committee report.The Report covers plenty of territory and runs to variations on a theme - for example: "... recommends compliance with the Australian Bankers Association Code of Banking Practice be included as a term of any loan; that statuary time limits for legal proceedings be removed in circumstances where a bank or its agents have changed the details of loan documents without the customer's knowledge; that the Australian Bankers' Association ensure all financial documents provided to its members by a be prepared, altered or updated only by the customer and/or their representatives, and not by the bank or financial institution.The committee recommends that the Australian Bankers Association revise the Code of Banking Practice to require authorised financial institutions to commence dialogue with a borrower at least six months prior to the expiry of a term loan.It also recommends introducing minimum 90 day notice periods for: all general restriction clauses and covenants (except for fraud and criminal actions); any decision with respect to the rolling over of a small business loan; and any decision to commence action against a small business customer for default under a credit contract. The committee recommends that the Australian Bankers Association Code of Banking Practice be revised to extend the following to primary production loans of less than A$10 million: the responsible lending obligations contained in the National Consumer Credit Protection Act 2009; and the unfair contract term protections for small businesses, as set out in the Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Act 2015.Apart from picking out the ABA for attention, the Committee also had individual banks in its sights: "The committee recommends that the ANZ takeover of the Landmark loan book be subject to a review by the soon to be incorporated Australian Financial Complaints Authority (or equivalent existing regulatory body) and that such a body have the powers to review: all commercial documents regardless of any confidentiality clauses