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NATIONAL CONSUMER CREDIT PROTECTION ACT 2009 - SECT 15B

Meaning of mortgage broker

  (1)   A licensee is a mortgage broker if:

  (a)   the licensee carries on a business of providing credit assistance in relation to credit contracts secured by mortgages over residential property; and

  (b)   the licensee does not perform the obligations, or exercise the rights, of a credit provider in relation to the majority of those credit contracts; and

  (c)   in carrying on the business, the licensee provides credit assistance in relation to credit contracts offered by more than one credit provider.

  (2)   A credit representative of a licensee is a mortgage broker if:

  (a)   the credit representative carries on a business of providing credit assistance in relation to credit contracts secured by mortgages over residential property; and

  (b)   neither the credit representative nor the licensee performs the obligations, or exercises the rights, of a credit provider in relation to the majority of those credit contracts; and

  (c)   in carrying on the business, the credit representative provides credit assistance in relation to credit contracts offered by more than one credit provider.


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