Supporting small business and responsible lending (Federal Budget 20/21 Client Alert)

| Business

The Budget confirmed that the Government will implement reforms to support consumers and businesses affected by COVID-19 to facilitate Australia’s economic recovery. The reforms are designed to reduce regulatory burden to ensure a timely flow of credit and resolution for distressed business. These include:

  • introducing a new process to enable eligible incorporated small businesses in financial distress to restructure their own affairs;
  • simplifying the liquidation process for eligible incorporated small businesses;
  • support for the insolvency sector;
  • introducing a standard licensing regime for debt management firms who represent consumers in dispute resolution processes with credit providers;
  • removing duplication between the responsible lending obligations contained in the National Consumer Credit Protection Act 2009 and the Australian Prudential Regulation Authority (APRA) standards and guidance for authorised deposit-taking institutions (ADIs) and establishing a similar new credit framework for non-ADIs;
  • enhancing the regulation of small amount credit contracts and consumer leases to ensure that the most vulnerable consumers are protected.

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