Does Pre-2025 ban on unsolicited credit limit increase invitations 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 issue credit cards. Being in this industry makes the obligation worth checking (Credit licensee industry · Sells to consumers), but the trigger is a fact the industry alone does not settle.
The obligation in brief
Pre-2025 ban on unsolicited credit limit increase invitations. From 1 January 2019, s 133BE NCCP Act prohibits credit providers from making credit limit increase invitations without express prior consent from the consumer. Periodic re-consent + opt-out provided.
Trigger: Making credit limit increase offers.
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 "Pre-2025 ban on unsolicited credit limit increase invitations" 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 · Sells to consumers; applies only if you issue credit cards.
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.
| 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
- Continuous.
- Evidence to keep
- Consent records + audit trails.
- Maximum penalty
- Civil penalties up to $18.2M / 3× benefit / 10% turnover
- Regulator
- ASIC
- Jurisdiction
- Commonwealth (national)
Other obligations where credit licensees & mortgage brokers differ from the norm
- Comply with NCCP responsible lending obligations: Yes
- Consumer Credit Hardship Notice (NCC ss 72-73): Yes
- Mortgage broker best interests duty: Only if
- Small Amount Credit Contract + Consumer Lease caps (post-SACC reforms): Only if
- Display comparison rate on credit product advertising: Yes
- Respond to hardship notices within statutory timeframe: Yes
- All 11 answers for credit licensees & mortgage brokers
Other industries with a non-default answer
Questions
- Does Pre-2025 ban on unsolicited credit limit increase invitations apply to credit licensees and mortgage brokers?
- Only if you issue credit cards. Being in this industry makes the obligation worth checking (Credit licensee industry · Sells to consumers), 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.
Related
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.