Boat Loans Australia :: Articles

Personal Loans And The Consumer Credit Code

What should I know about personal loans and the Consumer Credit Code?

Personal Loans And The Consumer Credit Code

The information on this website is general in nature and does not take into account your objectives, financial situation, or needs. Consider seeking personal advice from a licensed adviser before acting on any information.

Understanding your rights as a consumer is essential in dealing with complex issues like personal loans and other finance. Here we reveal, in simple terms, how the Credit Code works for you.

Introduction of Credit Code

The Consumer Credit Code commenced operation on November 1, 1996.
This is a national code that is applicable in each State.
Despite what its title suggests, it is not a code of conduct but legislation that is enforceable in certain situations where credit is offered. 
Any non-business credit transactions are governed by the Code if entered into after that date, including continuing contracts that were in force at that date.
This includes:
  • credit provided predominantly for domestic, personal or household purposes;
  • where a charge is made for the credit; and
  • credit is provided in the course of a business of providing credit, or incidental to any other business of the credit provider. Definition of credit contract The Consumer Credit Code covers a wide range of credit contracts, which is defined as:
  • the payment of a debt owed by one person to another is deferred; or
  • one person incurs a deferred debt to another. Different categories of credit under the Consumer Credit Code include:
  • instalment contracts;
  • consumer leases;
  • continuing credit.

The Consumer Credit Code covers credit contracts entered into after November 1, 1996 including:

  • all consumer credit e.g. credit cards, housing etc loans that are characterised as being domestic, personal or household - not for business purposes;
  • in all Australian jurisdictions;
  • where charges are made for the credit;
  • where the credit provider does so in the course of business.

Personal, domestic & household purposes

The Consumer Credit Code does not apply for business purposes. 

According to the Code the nature of the credit does not have to be wholly concerned with domestic credit, but will be caught by the provisions of the Consumer Credit Code if:
  • more than half the credit is for personal, domestic & household purposes; or
  • if the credit is to purchase goods that are to be used for different purposes, then the purpose is mostly for personal, domestic & household purposes.

Goods mortgages

Mortgages are a security over goods (sometimes called "chattels") or real property. 

This means that the lender has the right to take the property/goods and sell it if the borrower defaults on the loan. 
There are certain requirements that must be met before the mortgage comes under the Consumer Credit Code, including that the goods or land must be specifically described.

Applicable credit providers

For a credit contract to be covered by the Consumer Credit Code, the credit provider must supply the credit:

  • in the course of a business that provides credit; or
  • where it is incidental to any other business of the credit provider.

There is no hard and fast way to determine this, but it can be important where the seller simply allows the buyer to pay for the goods in instalments, or when a family member offers a loan. 

In the first case the contract would probably be covered by the Consumer Credit Code; in the latter case it would not be covered.

Exclusions from the Consumer Credit Code

This can be complicated, and it is always worth asking whether the contract is covered by the Consumer Credit Code. There are many situations where the Consumer Credit Code will not apply, including:

  • short term credit;
  • where credit provision occurs without contemplation e.g. a savings account goes into debit;
  • within certain limits, where the only charges are periodic or fixed and not changed according to the level of credit that is provided e.g. an annual fee to a credit card provider or a arrangement with a supplier that allows goods to be bought on account and a fixed charge is applied;
  • insurance premiums payable on instalment;
  • most pawnbroker transactions;
  • employee loans.

Credit Code & guarantees

A guarantee must be:

  • in writing;
  • signed by the guarantor;

A copy of the credit contract must be received by the guarantor. 

They must also receive a copy of a document that sets out the obligations of the guarantor under the contract.

Published: Sunday, 1st Aug 2021
Author: Paige Estritori

Rate this article

0 Comments

No comments yet. Be the first to share your thoughts.


Boat Loans Articles

What to Consider Before Buying Your First Boat: A Beginner’s Checklist
What to Consider Before Buying Your First Boat: A Beginner’s Checklist
Buying your first boat is an exhilarating adventure filled with dreams of open waters and sunny days. It's a significant milestone for many Australians longing to embrace the coastal lifestyle. But before diving in, it's crucial to navigate this journey with the right knowledge. - read more
Loan Lingo: Simplifying the Language of Marine Finance for Boat Owners
Loan Lingo: Simplifying the Language of Marine Finance for Boat Owners
Embarking on a new boating adventure can be thrilling, yet the complexities of marine finance can feel daunting. For Australian consumers, understanding the intricacies of marine finance is crucial to ensuring a smooth journey to boat ownership. - read more
How to Navigate Refinancing Your Boat Loan with Ease in Australia
How to Navigate Refinancing Your Boat Loan with Ease in Australia
Refinancing a boat loan can be a strategic financial move, enabling boat owners to reap the benefits of lower interest rates, reduced monthly payments, or shorter loan terms. The concept of refinancing involves replacing your existing loan with a new one, often with more favorable conditions that better suit your current financial situation. - read more
How to Improve Your Credit Score for Boat Loan Approval
How to Improve Your Credit Score for Boat Loan Approval
If you're dreaming of cruising the Australian waters on your own boat, you're not alone. Owning a boat is a cherished goal for many Aussies, whether it's for fishing trips, sailing adventures, or simply enjoying the coastal lifestyle. Financing this dream often involves securing a boat loan, which requires some preparation, particularly regarding your credit score. - read more
Mistakes to Avoid When Applying for Boat Financing in Australia
Mistakes to Avoid When Applying for Boat Financing in Australia
Applying for boat financing in Australia is easier to navigate when you understand the common mistakes that can delay an application, increase costs or leave you with loan terms that do not suit your budget. Before you apply, it is worth reviewing your financial position, comparing lenders and understanding the full cost of owning a boat. - read more
What Australian Boat Buyers Need to Know About Financing Rates
What Australian Boat Buyers Need to Know About Financing Rates
When considering purchasing a boat, one of the most critical factors to take into account is the financing rate. Understanding how interest rates work can make a significant difference in the total cost of the boat over the lifespan of the loan. Knowing the ins and outs of boat loan interest rates can save you from unexpected expenses and financial stress down the line. - read more

Finance News

Why Cautious Lending Makes Boat Finance Planning More Important
Why Cautious Lending Makes Boat Finance Planning More Important
16 Sep 2026: Paige Estritori
Recent finance coverage has again pointed to a lending market where approval is not just about wanting a loan, but about proving the repayments can fit comfortably within a household budget. For Australian boat buyers, that matters because a boat is usually a lifestyle purchase, and lenders often look closely at income stability, existing debts, living costs and the overall purpose of the finance. - read more
Electric Boating Shift Gives Buyers More to Budget For
Electric Boating Shift Gives Buyers More to Budget For
09 Sep 2026: Paige Estritori
Electric and hybrid marine technology is continuing to move from specialist trade discussion into the practical buying conversation for Australian boaters. Recent marine industry coverage has pointed to growing attention on cleaner propulsion, quieter operation and smarter onboard systems, not only in commercial vessels but also across the recreational boating market. For households thinking about their next boat, the key question is less about whether the technology is exciting and more about whether the full ownership equation makes sense. - read more
Why Spring Boat Demand Should Start With a Finance Check
Why Spring Boat Demand Should Start With a Finance Check
02 Sep 2026: Paige Estritori
Australia’s spring boating season is beginning to sharpen buyer attention again, with recent marine industry coverage pointing to renewed activity around dealers, shows and seasonal product launches. For many households, this is the time of year when a long-considered boat purchase starts to feel more immediate: the weather improves, waterways get busier and families begin planning summer weekends. - read more
What Melbourne Boat Show Activity Means for Victorian Buyers
What Melbourne Boat Show Activity Means for Victorian Buyers
26 Aug 2026: Paige Estritori
Melbourne’s boating calendar is giving Victorian buyers another useful reason to move from dreaming to planning, with fresh industry attention on the Melbourne Boat Show and its role as a springboard for the recreational marine market. For buyers, the value of a show is not simply the chance to see polished new releases in one place. - read more
What Sydney Boat Show Momentum Means for Boat Buyers
What Sydney Boat Show Momentum Means for Boat Buyers
19 Aug 2026: Paige Estritori
The 2026 Sydney Boat Show has given Australia’s recreational marine market another useful temperature check. After the event’s return to Sydney Showground at Sydney Olympic Park, industry attention has shifted from the display halls to what the buyer activity may mean for boat sales, dealer pipelines and household finance decisions over the months ahead. - read more
Why the Latest Rate Watch Still Matters for Boat Buyers
Why the Latest Rate Watch Still Matters for Boat Buyers
12 Aug 2026: Paige Estritori
Australian borrowers are again watching the interest-rate outlook closely, with the latest business coverage pointing to a familiar mix of inflation, employment and consumer-spending signals shaping expectations for lenders and households. For boat buyers, this is more than an economic headline. It can influence how lenders price risk, how confident households feel about discretionary purchases, and how carefully buyers need to structure marine finance before committing. - read more

Start Here

START HERE.

Loan Amount:

Postcode:

All quotes are provided obligation-free by a participating broker from our national referral partner network. We respect your Privacy.


Quotes are offered free & without obligation. We respect your privacy.

Knowledgebase
Personal Loan:
A personal loan is usually made by a financial institution to an individual person without the need for the provision of asset security. Personal loans can generally be obtained for any worthwhile purpose subject to the lending criteria of the financ


Quick Links: | Boat Loans Australia | Marine Finance | Boat Financing Options | Boat Loan Rates | Boat Loan Calculator | Secured Boat Loans | Unsecured Boat Loans | Boat Loan Repayment Terms | Boat Loan Eligibility | Boat Loan Application Process | Boat Loan Interest Rates