Who must comply with Pre-2025 ban on unsolicited credit limit increase invitations?

Credit card limit increase offers cannot be sent without prior written consent.

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.

Applies only if you issue credit cards. Whether it applies turns on a fact that no industry, structure or size settles on its own.

How the regulator frames it: Credit card issuers.

What triggers it: Making credit limit increase offers.

Jurisdiction: Commonwealth law, so the test is the same in every state and territory.

Outcome across the 35 industries Rules Mate maps (2 of 35: only if a further fact applies; 33 of 35: no).

Structure does not change the answer in the 2 industries it can reach: for every structure the answer is "only if a further fact applies".

Size does not change the answer in the 2 industries it can reach: at every size band the answer is "only if a further fact applies".

Each line is one run of the Rules Mate applicability engine for a single business profile, with the reason the engine gives:

• Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M: does not apply. Requires a trigger outside this questionnaire.
• Pty Ltd company in banks & adis with 6–19 employees, turnover $1M–$3M: check whether it applies. applies only if you issue credit cards.

Starting from a small or large professional services company that does not otherwise meet the test, each of these single facts changes the engine's answer:

• The business holds an Australian credit licence (ACL): it becomes worth checking, because it applies only if you issue credit cards.
• The business provides credit to customers: it becomes worth checking, because it applies only if you issue credit cards.

The engine shows this obligation as "check whether this applies" when a business has industry: Banks & ADIs or credit activity and consumer customers. It then applies only if you issue credit cards. That fact is not something Rules Mate can infer from industry, structure or size.

When due

Continuous.

Frequency

Ongoing

Evidence to keep

Consent records + audit trails.

Status

Current

Priority

High

Maximum penalty: Civil penalties up to $18.2M / 3× benefit / 10% turnover.

Rules Mate has not yet classified the audit or assurance level for this obligation. Any audit, review or certification requirement is set by the regulator source listed below.

• BNPL providers — credit licensing from 10 June 2025: BNPL captured by the NCCP Act as a regulated credit product from 10 June 2025.
• Comply with NCCP responsible lending obligations: Credit licensees must not enter into credit contracts unsuitable for the consumer.
• Consumer Credit Hardship Notice (NCC ss 72-73): Credit providers must respond to hardship notice + assess variation request.
• Mortgage broker best interests duty: Brokers must act in the consumer's best interests when providing credit assistance.
• Small Amount Credit Contract + Consumer Lease caps (post-SACC reforms): SACC + consumer lease fee caps + responsible lending tightened post-Royal Commission.

Rules Mate tracks 8 published obligations tagged "credit", 5 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 0 of those apply outright. This obligation is rated high priority, and is an ongoing duty.

Regulated by Australian Securities and Investments Commission.

ASIC: Corporate regulator administering the Corporations Act, financial services and credit licensing (AFSL/ACL), markets supervision, insolvency, and registries (ASIC and ABRS).

• Australian Securities and Investments Commission

NCCP Act: Federal regulation of consumer credit.

• National Consumer Credit Protection Act 2009

Free tools that help with this obligation:

• CPS 230 readiness scorer
• CPS 234 readiness scorer
• Reportable situations timer