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Enforcement of Code-regulated mortgages

The National Consumer Credit Protection Act 2009 (Cth) (NCCP Act) includes the Code as Sch 1 to the Act. The Australian Securities and Investments Commission is the national regulator responsible for administering the NCCP Act.

The Code and the NCCP Act which established the Code heavily regulates the making of loans, and therefore the drafting of the relevant mortgages, governed by the Code.

Legal practitioners should be aware that some of the most significant implications in relation to mortgages include matters relating to the notice provisions imposed in relation to the enforcement of loans, mortgages and guarantees — these are explored in this guidance note.

See Enforcement of Code-regulated mortgages.