ASIC has released a draft regulatory guide alongside a consultation paper intended to help providers of Buy Now Pay Later services understand the modified responsible lending obligations and requirements.
On 18 February 2025, ASIC commenced consultation on proposals to:
1. provide additional relief for Australian financial services and credit licensees from reporting certain breaches of the misleading and deceptive conduct (MDC) provisions and certain contraventions of civil penalty provisions (CPPs); and
2. consolidate this additional relief and the relief in ASIC Corporations and Credit (Breach Reporting — Reportable Situations) Instrument 2024/620 (ASIC Instrument 2024/620) into a single instrument.
The proposals, as further described in CS 16, aim to reduce the reporting burden on Australian financial services and credit licensees. ASIC’s rationale for the changes is, under the current reportable situations regime, some reports of MDC and CPP breaches have been of minimal intelligence value to ASIC.