Mortgage broker best interests duty and remuneration reforms

13 days left to have your say
Consultation Type
Exposure Draft

Key Documents

In response to recommendations of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry, the Government announced it would introduce a best interests duty for mortgage brokers and reform mortgage broker remuneration. This consultation seeks stakeholder views on the exposure draft Bill, exposure draft Regulations and draft explanatory material that implements these reforms.

The exposure draft Bill requires mortgage brokers to act in the best interests of consumers when providing credit assistance. The bill and regulations make changes to mortgage broker remuneration by: requiring the value of upfront commissions to be linked to the amount drawn down by borrowers instead of the loan amount; banning campaign and volume-based commissions and payments; and capping soft dollar benefits. Furthermore, the regulations limit the period over which commissions can be clawed back from aggregators and mortgage brokers to two years and prohibit the cost of clawbacks being passed on to consumers. Entry into force of the reforms is scheduled for 1 July 2020.


You can submit responses to this consultation up until 04 October 2019. Interested parties are invited to comment on this consultation.

While submissions may be lodged electronically or by post, electronic lodgement is preferred. For accessibility reasons, please submit responses sent via email in a Word or RTF format. An additional PDF version may also be submitted.

All information (including name and address details) contained in submissions will be made available to the public on the Treasury website unless you indicate that you would like all or part of your submission to remain in confidence. Automatically generated confidentiality statements in emails do not suffice for this purpose. Respondents who would like part of their submission to remain in confidence should provide this information marked as such in a separate attachment.

Legal requirements, such as those imposed by the Freedom of Information Act 1982, may affect the confidentiality of your submission.

View our submission guidelines for further information.

How To Respond



Address written submissions to:

Financial Services Reform Taskforce
The Treasury
Langton Crescent


Phone: Ruth Moore +61 2 6263 3626