Australian Retail Credit Association

Summary

On 26 June 2020 the Australian Retail Credit Association (ARCA) lodged an application to revoke its existing authorisation (A91482) and substitute a new authorisation, seeking the continued authorisation of certain provisions of the Principles of Reciprocity and Data Exchange (PRDE).   The PRDE establishes a standardised system for exchanging comprehensive consumer credit information between credit reporting bodies and credit providers.

Specifically, ARCA seeks re-authorisation, on behalf of itself and current and future signatories to the PRDE, to make and give effect to certain provisions of the PRDE, that fall into the following categories:

  • Reciprocity provisions: credit providers can only receive consumer credit information from credit reporting bodies up to the same level at which they are willing to supply information: paragraphs 4, 8, 10, 14, 34, 35, 36, 38, 39 and, by way of anti-avoidance, 11, 12 and 44;
  • Consistency provisions: credit providers must supply the same consumer credit information to all credit reporting bodies with whom they have a services agreement: paragraphs 9, 15 and 16; and
  • Enforceability provisions: procedures and sanctions to address non-compliance with the PRDE: paragraph 89.

The ACCC’s 2015 Authorisation (A91482) of the relevant provisions of the PRDE expires on 25 December 2020. ARCA seeks re-authorisation for a period of 6 years.

Since the PRDE was authorised by the ACCC in 2015, there have been a number of legislative and regulatory developments, such as mandatory comprehensive credit reporting and hardship legislation.  The operation of the PRDE was also independently reviewed in 2019.  ARCA submits that improvements to the PRDE and its operation are proposed under the current application for re-authorisation.

A full copy of ARCA’s application for authorisation is available below. A copy of the proposed PRDE (as amended) is provided at Appendix A to ARCA’s application for re-authorisation.

The ACCC invites submissions on this application for re-authorisation by 31 July 2020.  Further information about providing a submission to the ACCC is available from the ACCC’s Initial Consultation Letter under the Correspondence heading below.

The ACCC will progress its assessment of the application in a timely manner. An indicative timetable is set out below for your information.

26 June 2020

Lodgement of application for revocation of application A91482 and substitution of a new authorisation (or application for re-authorisation). 

3 July 2020

Public consultation process begins.

31 July 2020

Closing date for submissions on application for re-authorisation from interested parties.

August 2020

Applicant responds to issues raised in the public consultation process.

September 2020

Draft determination.

September / October 2020

Public consultation on draft determination including any conference if called.

October / November 2020

Final determination.

Applicant(s)

  • Australian Retail Credit Association

Authorisation number(s)

  • AA1000521-1