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Mortgage Broker Services

Mortgage broker services

A broker's paperwork can carry several names and a logo, and a document may show a licence number. Where one appears, a few minutes with it and the register add one more fact to file alongside the rest.

The number on the paperworkAustralian credit licence
  1. 1

    The licence

    A person must not engage in a credit activity if the person does not hold a licence authorising the person to engage in the credit activity.

    National Consumer Credit Protection Act 2009 (Cth), s 29(1)
  2. 2

    Representatives

    For the purposes of subsections (1) and (2), it is a defence if: (a) the person engages in the credit activity on behalf of another person (the principal); and (b) the person is: (i) an employee or director of the principal or of a related body corporate of the principal; or (ii) a credit representative of the principal; and (c) the person's conduct in engaging in the credit activity is within the authority of the principal; and (d) the principal holds a licence authorising the principal to engage in the credit activity.

    National Consumer Credit Protection Act 2009 (Cth), s 29(3)
  3. 3

    The number on the paperwork

    Whenever a licensee identifies itself in a document of a kind prescribed by the regulations, the licensee must: (a) include in the document the licensee's Australian credit licence number; and (b) identify in the document that the number is the licensee's Australian credit licence number.

    National Consumer Credit Protection Act 2009 (Cth), s 52(2)
  4. 4

    Which documents

    For subsection 52(2) of the Act, the following kinds of documents are prescribed: (a) a document that is required to be created or produced in accordance with Chapter 3 of the Act; (b) a printed advertisement that relates to the provision of credit to which the Code would apply; (c) a document that is required to be created, produced, given or published by a provision of the Code; (d) a document lodged with ASIC that relates to the provision of credit to which the Code would apply.

    National Consumer Credit Protection Regulations 2010 (Cth), reg 13(1)
  5. 5

    A mortgage broker's duty

    This Subdivision applies in relation to credit assistance provided by a licensee to a consumer in relation to a credit contract if the licensee is a mortgage broker. (2) However, this Subdivision does not apply in relation to credit assistance provided to a consumer in relation to a credit contract by a credit representative acting within the scope of the credit representative's actual or apparent authority from the licensee. Note 1: A credit representative in these circumstances is covered by Subdivision B of this Division. [...] The licensee must act in the best interests of the consumer in relation to the credit assistance.

    National Consumer Credit Protection Act 2009 (Cth), ss 158L(1) and (2), 158LA

Not sure whose licence is behind a broker or lender?

ASIC's professional registers list credit licensees and credit representatives. A search by name or number shows what the register holds, and no more.

Search ASIC's professional registershttps://asic.gov.au/online-services/search-asic-registers/professional-registers-search

Every name on the letterhead

Read the letterhead and the footer of the first letter slowly and write down each business name you find there, along with the name of the person who signed it.

Keep that list at the front of your folder. Later pages are easier to place when the names on them are already familiar.

The credit guideNational Consumer Credit Protection Act 2009

A licensee must, as soon as practicable after it becomes apparent to the licensee that it is likely to provide credit assistance to a consumer in relation to a credit contract, give the consumer the licensee's credit guide in accordance with subsection (2). [...] (2) The licensee's credit guide must: [...] (d) specify the licensee's Australian credit licence number; and (e) give information about: (i) any fees that are payable by a consumer to the licensee for the licensee's credit assistance; and (ii) any charges that are payable by a consumer to the licensee for matters associated with providing the credit assistance; and (iii) the method for working out the amount of the fees and charges; and [...]

National Consumer Credit Protection Act 2009 (Cth), s 113(1) and (2)

If a credit representative of a licensee gives a consumer the licensee's credit guide when acting on behalf of the licensee under Part 3-1, 3-2, 3-3 or 3-4, the credit representative must at the same time give the consumer the credit representative's credit guide in accordance with subsection (2). [...] (2) The credit representative's credit guide must: [...] (d) specify the credit representative's credit representative number; and [...]

National Consumer Credit Protection Act 2009 (Cth), s 158(1) and (2)

The credit guide, beside the first letter

Where a credit guide is among the papers from a broker helping with a home loan, add it to the list at the front of the folder by that name, with the date it arrived written beside it in your own hand. Beside it, note the name of the person who sent it, so the list shows who passed on which paper.

Then lay the guide beside the first letter and check that the business name on it is the same one copied from the letterhead. Where the two differ, a pencil note in the margin saying where each name appeared keeps the difference easy to find later.

If the guide came inside a larger bundle, keep the bundle whole and mark the place where the guide sits with a slip of paper. File the guide straight after the first letter rather than at the back, so anyone reading the folder later meets it in the place it arrived, next to the papers it sits with.

Keeping the trail tidy

Store every document in the order it arrived, each one dated, so the sequence of offers and forms reads like a timeline. If a later version of a paper turns up, keep both, with the newer one filed in its own place in the order rather than in place of the old.

Where a page names a business you do not recognise, write a note beside it and ask about it in writing before the next meeting. The note can hold the date, the page, and the words that differed from what was said, written down plainly as they were heard. When a reply comes, it goes beside the page it answers, and the note gets the date of the reply.

If the business name on the papers changes partway through, or a different person starts signing the letters, add the new name to the list at the front with the date it first appeared. The older names stay on the list, crossed through rather than erased, so every name the matter has carried stays readable from first to last.

Where the words come from

  • National Consumer Credit Protection Act 2009 (Cth)Compilation No. 52, 1 July 2026. Based on content from the Federal Register of Legislation at 15 October 2026. For the latest information on Australian Government legislation please go to https://www.legislation.gov.au.
  • National Consumer Credit Protection Regulations 2010 (Cth)Compilation No. 57, 5 September 2026. Based on content from the Federal Register of Legislation at 15 October 2026. For the latest information on Australian Government legislation please go to https://www.legislation.gov.au.