Bike Loans Australia :: Articles

Personal Loans And The Consumer Credit Code

What should I know about personal loans and the Consumer Credit Code?

Personal Loans And The Consumer Credit Code

The information on this website is general in nature and does not take into account your objectives, financial situation, or needs. Consider seeking personal advice from a licensed adviser before acting on any information.

Understanding your rights as a consumer is essential in dealing with complex issues like personal loans and other finance. Here we reveal, in simple terms, how the Credit Code works for you.

Introduction of Credit Code

The Consumer Credit Code commenced operation on November 1, 1996.
This is a national code that is applicable in each State.
Despite what its title suggests, it is not a code of conduct but legislation that is enforceable in certain situations where credit is offered. 
Any non-business credit transactions are governed by the Code if entered into after that date, including continuing contracts that were in force at that date.
This includes:
  • credit provided predominantly for domestic, personal or household purposes;
  • where a charge is made for the credit; and
  • credit is provided in the course of a business of providing credit, or incidental to any other business of the credit provider. Definition of credit contract The Consumer Credit Code covers a wide range of credit contracts, which is defined as:
  • the payment of a debt owed by one person to another is deferred; or
  • one person incurs a deferred debt to another. Different categories of credit under the Consumer Credit Code include:
  • instalment contracts;
  • consumer leases;
  • continuing credit.

The Consumer Credit Code covers credit contracts entered into after November 1, 1996 including:

  • all consumer credit e.g. credit cards, housing etc loans that are characterised as being domestic, personal or household - not for business purposes;
  • in all Australian jurisdictions;
  • where charges are made for the credit;
  • where the credit provider does so in the course of business.

Personal, domestic & household purposes

The Consumer Credit Code does not apply for business purposes. 

According to the Code the nature of the credit does not have to be wholly concerned with domestic credit, but will be caught by the provisions of the Consumer Credit Code if:
  • more than half the credit is for personal, domestic & household purposes; or
  • if the credit is to purchase goods that are to be used for different purposes, then the purpose is mostly for personal, domestic & household purposes.

Goods mortgages

Mortgages are a security over goods (sometimes called "chattels") or real property. 

Bike Loans Australia Motorcycle News Insights

Podcast Cover Image This week: motorcycle loan comparison pages show rates starting around six per cent for top credit profiles; insurance premium growth eases to around three per cent while claim costs remain high; a scam warning about fake insurer calls targeting CTP policyholders; and Ducatis new Monster Dark lands with a lower Australian ride‑away price. Practical tips include checking comparison rates, budgeting for insurance in total cost of ownership, verifying unsolicited contacts, and confirming on‑road pricing before comparing finance.

This means that the lender has the right to take the property/goods and sell it if the borrower defaults on the loan. 
There are certain requirements that must be met before the mortgage comes under the Consumer Credit Code, including that the goods or land must be specifically described.

Applicable credit providers

For a credit contract to be covered by the Consumer Credit Code, the credit provider must supply the credit:

  • in the course of a business that provides credit; or
  • where it is incidental to any other business of the credit provider.

There is no hard and fast way to determine this, but it can be important where the seller simply allows the buyer to pay for the goods in instalments, or when a family member offers a loan. 

In the first case the contract would probably be covered by the Consumer Credit Code; in the latter case it would not be covered.

Exclusions from the Consumer Credit Code

This can be complicated, and it is always worth asking whether the contract is covered by the Consumer Credit Code. There are many situations where the Consumer Credit Code will not apply, including:

  • short term credit;
  • where credit provision occurs without contemplation e.g. a savings account goes into debit;
  • within certain limits, where the only charges are periodic or fixed and not changed according to the level of credit that is provided e.g. an annual fee to a credit card provider or a arrangement with a supplier that allows goods to be bought on account and a fixed charge is applied;
  • insurance premiums payable on instalment;
  • most pawnbroker transactions;
  • employee loans.

Credit Code & guarantees

A guarantee must be:

  • in writing;
  • signed by the guarantor;

A copy of the credit contract must be received by the guarantor. 

They must also receive a copy of a document that sets out the obligations of the guarantor under the contract.

Published: Sunday, 1st Aug 2021
Author: Paige Estritori

Rate this article

0 Comments

No comments yet. Be the first to share your thoughts.


Bike Loans Articles

5 Things to Consider Before Taking a Motorcycle Loan
5 Things to Consider Before Taking a Motorcycle Loan
A motorcycle loan can help spread the cost of a new or used bike, but it also creates a repayment commitment that should fit comfortably with your broader finances. Before borrowing for your dream motorcycle, consider the full cost of ownership, how different loans work, and what lenders may assess during the application process. - read more
The Ultimate Guide to Financing a Motorcycle in Australia
The Ultimate Guide to Financing a Motorcycle in Australia
Financing a motorcycle in Australia can be a helpful option for individuals who want to own their own bike but may not have the immediate funds to do so. Motorcycle financing allows you to spread out the cost of the purchase over a period of time, making it more affordable and manageable. - read more
What to Look for in a Motorcycle Loan Agreement
What to Look for in a Motorcycle Loan Agreement
Before signing a motorcycle loan agreement, it is worth understanding exactly how the loan works, what it may cost and what obligations you are accepting. This guide explains the key clauses, repayment details, fees and lender terms Australian riders should review before committing. - read more
Securing a Motorcycle Loan with Minimal Credit Impact: A Step-by-Step Guide
Securing a Motorcycle Loan with Minimal Credit Impact: A Step-by-Step Guide
Welcome to the exhilarating world of motorcycle riding. Whether you're a seasoned rider or just getting started, there's something uniquely thrilling about hitting the open road on two wheels. - read more

Finance News

Off-Road Boom Changes the Motorcycle Budget Conversation
Off-Road Boom Changes the Motorcycle Budget Conversation
28 Oct 2026: Paige Estritori
Australia’s motorcycle market is ahead of last year after the first nine months of 2026, but the latest FCAI-audited figures point to a recovery driven mainly by off-road demand rather than a uniform lift across every type of bike. For riders thinking about motorbike finance, that distinction matters because the practical costs attached to a trail bike, junior motorcycle, scooter or road machine can look very different once purchase price, transport, gear, insurance and maintenance are considered together. - read more
Fresh Lending Signals Put Motorcycle Budgets Back in the Spotlight
Fresh Lending Signals Put Motorcycle Budgets Back in the Spotlight
16 Sep 2026: Paige Estritori
The latest national lending indicators give motorcycle buyers another useful signal: Australians are still willing to finance vehicles, but the decision is increasingly being shaped by repayment comfort rather than headline purchase price alone. - read more
Fresh Loan Market Signals Give Riders a Timely Finance Reminder
Fresh Loan Market Signals Give Riders a Timely Finance Reminder
09 Sep 2026: Paige Estritori
Fresh September personal loan comparisons are a useful checkpoint for Australian riders planning to finance a new or used motorcycle. While headline interest rates remain an obvious starting point, the latest market settings continue to show why borrowers should look beyond the most attractive advertised number before making a decision. - read more
Fresh Economic Signals Put Motorcycle Loan Budgets Back Under the Spotlight
Fresh Economic Signals Put Motorcycle Loan Budgets Back Under the Spotlight
02 Sep 2026: Paige Estritori
Fresh national economic figures have given Australian borrowers another reason to stay practical when planning a motorcycle purchase. While the latest growth signals suggest the economy is still moving forward, they also reinforce a familiar message for riders: finance conditions can remain uneven even when broader market confidence improves. - read more

Knowledgebase
Personal Loan:
a loan that is granted for personal use, normally unsecured and granted by a lender on the borrower's integrity and capacity to repay