logo
'Buy now, pay later' services have been overhauled. What it means for you

'Buy now, pay later' services have been overhauled. What it means for you

The Advertiser10-06-2025
Buy Now Pay Later (BNPL) services will be strictly regulated in a major shakeup of the payment service from June 10.
BNPL services, such as Zip, StepPay and Afterpay, allow consumers to buy goods or services with credit and then repay the loan over interest-free instalments.
Customers will be subject to a credit check and questions about outstanding debts to prevent them from taking on repayments they cannot afford.
READ MORE: 'Hardly slept all night': $70 million lotto winner plans to retire immediately
Additionally, providers will require a credit licence from ASIC, be a member of the external dispute resolution scheme AFCA, give reasonable consideration to hardship requests and introduce caps on the maximum permitted default fees.
ASIC commissioner Alan Kirkland said the reforms were an "important step".
"We strongly encourage buy now pay later providers who do not already have the appropriate credit licence to apply for one as soon as possible," Mr Kirkland said.
"Providers who do not have their credit licence application accepted for lodgement by ASIC by 10 June 2025 may be engaging in unlicensed conduct if they continue to operate."
National Consumer Law Centre senior policy officer Rose Bruce-Smith said the changes set "a floor of consumer protection".
"It is a lighter touch regime than the full credit act, which is enforced for home loans, credit cards, everything else that is regulated."
Ms Bruce-Smith noted it had been ten years of Buy Now Pay Later services as a "fully unregulated credit product where customer outcomes were left to the private market", so any regulation was welcome.
Buy Now Pay Later (BNPL) services will be strictly regulated in a major shakeup of the payment service from June 10.
BNPL services, such as Zip, StepPay and Afterpay, allow consumers to buy goods or services with credit and then repay the loan over interest-free instalments.
Customers will be subject to a credit check and questions about outstanding debts to prevent them from taking on repayments they cannot afford.
READ MORE: 'Hardly slept all night': $70 million lotto winner plans to retire immediately
Additionally, providers will require a credit licence from ASIC, be a member of the external dispute resolution scheme AFCA, give reasonable consideration to hardship requests and introduce caps on the maximum permitted default fees.
ASIC commissioner Alan Kirkland said the reforms were an "important step".
"We strongly encourage buy now pay later providers who do not already have the appropriate credit licence to apply for one as soon as possible," Mr Kirkland said.
"Providers who do not have their credit licence application accepted for lodgement by ASIC by 10 June 2025 may be engaging in unlicensed conduct if they continue to operate."
National Consumer Law Centre senior policy officer Rose Bruce-Smith said the changes set "a floor of consumer protection".
"It is a lighter touch regime than the full credit act, which is enforced for home loans, credit cards, everything else that is regulated."
Ms Bruce-Smith noted it had been ten years of Buy Now Pay Later services as a "fully unregulated credit product where customer outcomes were left to the private market", so any regulation was welcome.
Buy Now Pay Later (BNPL) services will be strictly regulated in a major shakeup of the payment service from June 10.
BNPL services, such as Zip, StepPay and Afterpay, allow consumers to buy goods or services with credit and then repay the loan over interest-free instalments.
Customers will be subject to a credit check and questions about outstanding debts to prevent them from taking on repayments they cannot afford.
READ MORE: 'Hardly slept all night': $70 million lotto winner plans to retire immediately
Additionally, providers will require a credit licence from ASIC, be a member of the external dispute resolution scheme AFCA, give reasonable consideration to hardship requests and introduce caps on the maximum permitted default fees.
ASIC commissioner Alan Kirkland said the reforms were an "important step".
"We strongly encourage buy now pay later providers who do not already have the appropriate credit licence to apply for one as soon as possible," Mr Kirkland said.
"Providers who do not have their credit licence application accepted for lodgement by ASIC by 10 June 2025 may be engaging in unlicensed conduct if they continue to operate."
National Consumer Law Centre senior policy officer Rose Bruce-Smith said the changes set "a floor of consumer protection".
"It is a lighter touch regime than the full credit act, which is enforced for home loans, credit cards, everything else that is regulated."
Ms Bruce-Smith noted it had been ten years of Buy Now Pay Later services as a "fully unregulated credit product where customer outcomes were left to the private market", so any regulation was welcome.
Buy Now Pay Later (BNPL) services will be strictly regulated in a major shakeup of the payment service from June 10.
BNPL services, such as Zip, StepPay and Afterpay, allow consumers to buy goods or services with credit and then repay the loan over interest-free instalments.
Customers will be subject to a credit check and questions about outstanding debts to prevent them from taking on repayments they cannot afford.
READ MORE: 'Hardly slept all night': $70 million lotto winner plans to retire immediately
Additionally, providers will require a credit licence from ASIC, be a member of the external dispute resolution scheme AFCA, give reasonable consideration to hardship requests and introduce caps on the maximum permitted default fees.
ASIC commissioner Alan Kirkland said the reforms were an "important step".
"We strongly encourage buy now pay later providers who do not already have the appropriate credit licence to apply for one as soon as possible," Mr Kirkland said.
"Providers who do not have their credit licence application accepted for lodgement by ASIC by 10 June 2025 may be engaging in unlicensed conduct if they continue to operate."
National Consumer Law Centre senior policy officer Rose Bruce-Smith said the changes set "a floor of consumer protection".
"It is a lighter touch regime than the full credit act, which is enforced for home loans, credit cards, everything else that is regulated."
Ms Bruce-Smith noted it had been ten years of Buy Now Pay Later services as a "fully unregulated credit product where customer outcomes were left to the private market", so any regulation was welcome.
Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

National law firm investigating potential class action against First Guardian Master Fund and Shield Master Fund after accusations of operating Ponzi scheme as more than $1bn on the line
National law firm investigating potential class action against First Guardian Master Fund and Shield Master Fund after accusations of operating Ponzi scheme as more than $1bn on the line

Sky News AU

time3 days ago

  • Sky News AU

National law firm investigating potential class action against First Guardian Master Fund and Shield Master Fund after accusations of operating Ponzi scheme as more than $1bn on the line

Lawyers from Slater and Gordon are investigating a potential class action on behalf of investors against two collapsed superfunds - First Guardian Master Fund and Shield Master Fund - as they face accusations of running a Ponzi scheme. The national law firm has advised not only are 12,000 Australians expected to be affected by the alleged scheme, but more than $1b is at stake of being lost to the collapsed funds. Keystone Asset Management, the responsible entity for the Shield Master Fund, and Falcon Capital, the manager of the First Guardian Master Fund, have both entered into liquidation with ASIC understood to be carrying out a range of investigations against all parties involved. Previously ASIC deputy chair Sarah Court said ASIC's investigations are looking at the entire chain, including conduct of the lead generators, the financial advisers, the superannuation platforms, 'who we think have a real role here', and the research houses that 'listed these funds as investable'. Slater and Gordon principal lawyer in class actions Andy Wei confirmed the firm is investigating claims that investors were advised to roll their superannuation assets into largely unreliable funds, which has now caused great uncertainty amongst investors on how much of their funds would be recoverable. 'What we're seeing here is potentially deliberate misleading of investors, many of whom are everyday Australians looking to secure their nest eggs,' Mr Wei said. 'They were repeatedly assured that their superannuation would flow into diversified portfolios with steady returns.' He said despite this assurance, 'recent information shows that these funds were largely illiquid with their values grossly overstated.' Mr Wei added illiquid assets such as real estate, retirement accounts, collectibles and private equity could be harder to recover without 'significant loss of value'. He affirmed there is a chance that more than 12,000 Australians could be left out of pocket, with more than $1bn in superannuation 'potentially wiped out'. 'These are people's savings, and they deserve far better than this,' he said. 'Superannuation is meant to be tightly regulated, and many investors likely believed their money was safely managed by trusted, blue-chip superannuation companies.' A Slater and Gordon spokesman highlighted conduct issues at First Guardian 'observed' by FTI Consulting liquidators and accused the superfund of operating a Ponzi scheme with thousands of Australian's superannuation. 'Slater and Gordon understand that the liquidators of First Guardian have observed issues arising from co-mingling of investor funds, such that investors' monies were mixed up and used to pay for other investors' redemptions, or investment commitments and management fees, when ordinarily those redemptions, commitments, and fees should have come from income generated through investment activities,' they told NewsWire. 'Conduct of this kind is common to that seen in Ponzi schemes, and how this was allowed to occur forms a part of our investigation.' Mr Wei has urged investors who have been affected to come forward and contact the firm to help shaped the best path forward for recovery of their funds.

Macquarie Group CFO exits amid investor backlash over executives' eye-watering pay
Macquarie Group CFO exits amid investor backlash over executives' eye-watering pay

News.com.au

time4 days ago

  • News.com.au

Macquarie Group CFO exits amid investor backlash over executives' eye-watering pay

Macquarie Group's long-serving chief financial officer will leave the company, as the investment bank faces a shareholder backlash for not cutting executives' eye-watering pay packets despite a series of compliance blunders. Alex Harvey will depart from the bank after 28 years in December, the company announced in its first-quarter update ahead of its annual general meeting in Sydney on Thursday. His departure comes as the bank faces the prospect of its first-ever strike — when 25 per cent or more of shareholders vote against a company's remuneration report — after two influential proxy advisory firms raised concerns Macquarie had not done enough to dock executive pay following actions by financial regulators. In May, the Australian Securities and Investments Commission (ASIC) filed proceedings against Macquarie Group in the NSW Supreme Court alleging it engaged in misleading conduct by misreporting millions of short sales to the market operator for over 14 years between 2009 and 2024. It marked the fourth ASIC action against Macquarie Group entities since last year. ASIC had already imposed strict conditions on Macquarie's financial services license earlier this year in response to compliance failures in its derivatives trading arm. Proxy firms CGI Glass Lewis and Ownership Lewis, which advise institutional investors on how they vote, both criticised Macquarie for failing to adequately slash executive pay, according to their recommendations circulated ahead of Thursday's AGM and seen by The Australian Financial Review. Macquarie Group chief executive Shemara Wikramanayake, Australia's highest-paid CEO, was awarded $24.03 million in the year ended March 31, down from $25.3 million a year earlier. Ownership Matters said measures to reduce how much profit flowed to Ms Wikramanayake and Macquarie Bank boss Stuart Green did not 'appear sufficient' given the long list of regulatory issues, while Glass Lewis said there had been an 'inadequate response and transparency on regulatory and risk-related matters', according to the report. 'The CEO's FY25 profit share of $22.5 million was circa 5 per cent lower than in FY24 despite a 5 per cent increase in profit, indicating her profit share was reduced by up to $2.5 million; only one other disclosed executive appears to have experienced a decline in profit share in FY25 relative to FY24 as a response to the compliance issues highlighted by ASIC,' Ownership Matters' report said, per The AFR. A number of major international investors had already indicated they would vote against the remuneration report, including Californian pension funds CalPERS and CalSTRS as well as state investment vehicle SBA Florida. Today Macquarie Group Ltd shares have dropped by 4.63 per cent at the time of writing. In his speech to investors, Macquarie Chairman Glenn Stevens defended the bank's 'risk culture'. 'Risk culture is central, and a great deal of work has been done over the past several years to respond to changes in our business operations and the expectations of regulators and the communities in which we operate,' he said. 'Where shortcomings are identified, the Board holds staff accountable, seeks to incentivise future improvement and reflects on what the issue might tell us about the organisation's culture.' Mr Stevens insisted 'there were remuneration impacts for several executive committee members and others, and these impacts also incorporated incentives for all senior executives to resolve the issues'. 'The company is also directing significant resources into a range of remediation activities, as well as continuing to invest in programs to further reinforce our frameworks, systems and controls.' Mr Stevens added 'so far as remuneration impacts are concerned, this will be an FY26 matter, about which the board will come to a view over the period ahead'. But he acknowledged that 'while Macquarie's remuneration system is strongly supported by shareholders, a number of shareholders have the view that the Board has not adequately reflected risk shortcomings in our FY25 decisions'. 'The Board hears your message and will reflect carefully on addressing those concerns,' he said. A number of large investors have also pushed resolutions for Thursday's AGM that would force Macquarie to beef up disclosures related to its exposure to fossil fuel companies and projects. Mr Stevens urged shareholders to vote against the proposed resolutions. He said Macquarie had been 'consistent in our response to climate change' and 'accept the best available science'. 'We think the transition to decarbonised energy must be managed and orderly,' he said. 'Simply shutting down oil and gas is not viable. We recognise the reality that, even as net zero objectives are pursued, the world will need carbon-based energy for quite some time. 'These principles will guide activity as Macquarie's climate strategy and disclosures continue to evolve to meet the needs of clients and investors, and the requirements of governments and regulators across markets, including efforts towards more consistent disclosure.' His comments came as Macquarie reported a fall in net profit contribution in the three months to June 30 compared with the prior corresponding period. The company said improved performance in its Banking and Financial Services (BFS) and Macquarie Capital (MacCap) divisions were more than offset by lower contributions from Macquarie Asset Management (MAM) and Commodities and Global Markets (CGM). The group had a capital surplus of $7.6 billion as of June 30. 'Macquarie remains well-positioned to deliver superior performance in the medium term with established, diverse income streams,' the bank said in a statement. 'This is due to deep expertise across diverse sectors in major markets with structural growth tailwinds; patient adjacent growth across new products and new markets; ongoing investment in the operating platform; a strong and conservative balance sheet; and a proven risk management framework and culture.' Announcing the departure of Mr Harvey, Macquarie noted he had played a 'key role in driving the global growth of the group'. He will be succeeded by deputy CFO Frank Kwok.

Macquarie CEO pay riles investors as long-standing finance chief exits
Macquarie CEO pay riles investors as long-standing finance chief exits

Sydney Morning Herald

time4 days ago

  • Sydney Morning Herald

Macquarie CEO pay riles investors as long-standing finance chief exits

Macquarie Group chairman Glenn Stevens has conceded that some of the bank's shareholders are not satisfied with the board's decisions on executive pay, amid debate over how the Sydney-based investment giant has responded to alleged compliance failings. In a quarterly update published on Thursday, ahead of its annual meeting, Stevens and Macquarie chief executive Shemara Wikramanayake also announced that company chief financial officer Alex Harvey was stepping down after a 28-year career at Macquarie. The company also said that its profits were down in its first quarter. But investors have been more interested in Macquarie's executive pay and its record on compliance, which has been in the spotlight after the Australian Securities and Investments Commission (ASIC) launched legal action against the bank in May, alleging 'repeated and systemic' misleading conduct over a failure to report short sales. Macquarie shares slumped 4.4 per cent in early trade. It was the watchdog's fourth regulatory action against Macquarie in just over a year. Earlier, in May, ASIC also slapped additional licence conditions on Macquarie Bank, citing several compliance failures relating to futures dealing and over-the-counter derivatives. Stevens said on Thursday that the ASIC matter on short-selling was before the courts so he was limited in what he could say, but that any remuneration effects from the case would be reflected in the coming financial year. He also vowed to take on the concerns of shareholders, while conceding that a 'significant minority' felt the board should have done more on executive pay. 'I also acknowledge that, while Macquarie's remuneration system is strongly supported by shareholders, a number of shareholders have the view that the board has not adequately reflected risk shortcomings in our FY25 decisions,' Stevens said. 'The board hears your message and will reflect carefully on addressing those concerns.' Macquarie's remuneration report, published earlier this year, said it had taken into account 'risk and regulatory matters', particularly ASIC's licence conditions, and this had been reflected in the profit share awarded to Wikramanayake and the chief of Macquarie Bank Limited, Stuart Green.

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into a world of global content with local flavor? Download Daily8 app today from your preferred app store and start exploring.
app-storeplay-store