Mortgage and Finance Association of Australia

Summary

The MFAA has lodged an application for revocation and substitution of an existing authorisation concerning their Disciplinary Rules. The MFAA’s membership includes lenders, aggregators, brokers and associated professions such as accountants and lawyers. The Disciplinary Rules outline processes for investigation of complaints, expulsion of members and appeals against refused applications for membership or accreditation. They also include rules for the MFAA Tribunal. The rules have been authorised since 2004. Most recently the rules were reauthorised in 2014. This authorisation expires on 12 June 2019.

Re-authorisation has been sought for ten years.

On 11 April 2019, the ACCC granted interim authorisation, commencing immediately, to enable the MFAA to continue to administer its Disciplinary Rules as authorised under A91396 while it considers making changes to its governance regime, which includes its Disciplinary Rules, following the recommendations of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry, several of which relate to the mortgage broking sector.

The ACCC will recommence its assessment of the application after MFAA has amended its governance regime, which it has indicated will take three to six months, and has provided the ACCC with additional information, including its updated disciplinary rules and code of practice.

Indicative timetable for assessment of the application

20 December 2018

Lodgement of application and supporting submission.

10 January 2019

Public consultation process begins.

31 January 2019

Closing date for submissions from interested parties.

31 March 2019

Applicant amends its application requesting authorisation and interim authorisation for its currently authorised Disciplinary Rules

11 April 2019

Interim authorisation granted and ACCC assessment of the application for authorisation suspended.

October 2019

ACCC recommences its assessment of the application for authorisation, including any additional information provided by the applicant.

October/November 2019

Public consultation

January/February 2020

Draft determination.

February/March 2020

Public consultation on draft determination including any conference if called.

April/May 2020

Final determination.

 

Applicant(s)

  • Mortgage and Finance Association of Australia

Authorisation number(s)

  • AA1000432-1