Is the answer the same for every industry?

No. For 33 of the 35 industries Rules Mate maps, the answer is no. Credit licensees & mortgage brokers is one of 2 industries with a different answer.

Does Mortgage broker best interests duty apply to credit licensees and mortgage brokers?

A computed answer from the Rules Mate applicability engine, with the exact condition, the outcome for every structure and size, and the primary source.

Short answer: Only if

Only if you are a mortgage broker. Being in this industry makes the obligation worth checking (Credit licensee industry), but the trigger is a fact the industry alone does not settle.

The obligation in brief

Mortgage broker best interests duty. Section 158LA of the NCCP Act imposes a best interests duty on mortgage brokers. Brokers must act in the consumer's best interests and prioritise the consumer's interests if there is a conflict.

Trigger: Providing credit assistance for a credit contract or related insurance.

Why credit licensees & mortgage brokers get a different answer

Rules Mate runs its applicability engine across 9 business structures and 6 size bands for each of the 35 industries it maps. For 33 of those industries the answer for "Mortgage broker best interests duty" is no. Credit licensees & mortgage brokers is one of the 2 where the answer is different: only if.

The deciding fact for credit licensees and mortgage brokers: Credit licensee industry; applies only if you are a mortgage broker.

About the industry: ACL holders and mortgage brokers under the NCCP Act.

Compare a professional services (general) business with 6–19 employees structured as a Pty Ltd company: the obligation does not apply (Requires a trigger outside this questionnaire).

Answer by business structure and size

Each cell is the engine's outcome for a business in credit licensees & mortgage brokers with that structure and size, assuming it sells to consumers and small businesses and holds customer contact details. "Check" means the obligation turns on a fact the industry does not settle.

"Mortgage broker best interests duty": outcome for credit licensees and mortgage brokers by structure and size
Structure	No employees	1–5 employees	6–19 employees	20–99 employees	100–499 employees	500+ employees
Sole trader	Check	Check	Check	Check	Check	Check
Partnership	Check	Check	Check	Check	Check	Check
Trust	Check	Check	Check	Check	Check	Check
Pty Ltd company	Check	Check	Check	Check	Check	Check
Public company	Check	Check	Check	Check	Check	Check
Not-for-profit (unregistered)	Check	Check	Check	Check	Check	Check
Registered charity	Check	Check	Check	Check	Check	Check
Super fund	Check	Check	Check	Check	Check	Check
Foreign company	Check	Check	Check	Check	Check	Check

What the obligation requires

When due: Each consumer interaction.
Evidence to keep: Documented loan comparison, recommendation rationale, file notes addressing consumer's objectives and circumstances.
Maximum penalty: Civil penalties up to $18.2M / 3× benefit / 10% turnover (corporations); consumer remedies
Regulator: ASIC
Jurisdiction: Commonwealth (national)

Other obligations where credit licensees & mortgage brokers differ from the norm

Questions

Does Mortgage broker best interests duty apply to credit licensees and mortgage brokers?: Only if you are a mortgage broker. Being in this industry makes the obligation worth checking (Credit licensee industry), but the trigger is a fact the industry alone does not settle.
Is the answer the same for every industry?: No. For 33 of the 35 industries Rules Mate maps, the answer is no. Credit licensees & mortgage brokers is one of 2 industries with a different answer.

Sources

Computed by the Rules Mate applicability engine from the published obligation corpus; facts last checked 3 October 2026. Rules Mate is not a law firm and this is general information, not legal advice. Confirm your position with the regulator source or a qualified adviser before acting.