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  • 1
    UID:
    (DE-627)1792104847
    Format: 1 Online-Ressource (42 p)
    Content: The regulation of payday lending in Australia has recently been reformed. The reforms followed a highly charged and polarised debate between the conflicting interests of consumer and welfare advocates — who argued for increased protection for payday loan borrowers — and the payday loan industry. The debate followed research findings of the adverse consequences of payday lending for low income and financially vulnerable borrowers. We analyse the political dynamic that unfolded and show how the protections proposed to be afforded to payday loan borrowers were reduced in several key respects. Our research highlights several concerns. First, key changes to the original proposals do not take account of the recommendations of consumer and welfare advocates and are more consistent with the views of the payday loan industry. Second, the increased complexity of the final form of the regulation of payday lending creates potential for regulatory avoidance and poses problems for enforcement. Third, policies to reduce reliance on payday loans have not been implemented. The result is new regulation of payday loans that may not achieve the key aim of protecting the most vulnerable borrowers from the harm that can result from these loans
    Note: In: Monash University Law Review, Vol. 39, No. 2, pp. 412-451, 2013 , Nach Informationen von SSRN wurde die ursprüngliche Fassung des Dokuments December 31, 2013 erstellt
    Language: English
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  • 2
    UID:
    (DE-627)1792221703
    Format: 1 Online-Ressource (6 p)
    Content: Young people need have the skills and knowledge to make sound financial decisions now and as adults and to support them to engage confidently and successfully in economic life. They must navigate a much more complex financial landscape and assume greater financial responsibility at a younger age than previous generations and this poses considerable challenges. A current issue for policy makers in Australia is the relative scarcity of data on young people's financial decision-making. In particular, there is little current evidence about the social and economic contexts and influences, such as peers, families and advertising that shape the financial decisions of young people around the world and in Australia. It is important to determine how financial decision-making is currently experienced by young people. A better understanding of the contexts in which young people make financial decisions, and their experiences of financial decision-making, will provide important and useful information that can shape financial education policies – the core goal of which is to ensure all Australians are able to make confident, sound financial decisions. This study, which is part of a larger study of the financial literacy of young Australians, investigates how financial decision-making at a time of transition from secondary school to adult life is conceptualised by young Australians. The data for the study is derived from focus group interviews with young Australians aged 16 and 17 years. Participants from 9 Australian schools that are diverse in their geographic location and student cohort were chosen for the study. The interviews explored the context and attitudes relating to their financial decision-making
    Note: In: Australian Business Law Review, Vol. 42, No. 3, pp. 228-233, 2014 , Nach Informationen von SSRN wurde die ursprüngliche Fassung des Dokuments September 1, 2014 erstellt
    Language: English
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  • 3
    UID:
    (DE-627)179200382X
    Format: 1 Online-Ressource (35 p)
    Content: The current debate in the United Kingdom about the appropriate regulatory response to payday lending involves the key issue of borrower vulnerability. There is compelling evidence in the UK that many payday lenders are deliberately making loans to financially vulnerable borrowers who cannot afford those loans. This article examines the evidence for borrower vulnerability in the UK and Australia and the regulatory responses in those two countries to payday lending. Payday loans in Australia are the same as those that are available in the UK and the concerns that are now being raised in the UK about payday lending formed the basis for recent regulatory intervention in Australia. This article also contains an empirical study of the location of payday lending businesses in Australia. We investigate whether payday lenders are more likely to locate their business operations in areas where larger groups of financially vulnerable people are living
    Note: In: Journal of Business Law, 2015, Issue No. 3, pp. 223-255 , Nach Informationen von SSRN wurde die ursprüngliche Fassung des Dokuments April 21, 2015 erstellt
    Language: English
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  • 4
    UID:
    (DE-627)1792805322
    Format: 1 Online-Ressource (16 p)
    Content: Australian credit card debt has grown rapidly over the last two decades and there were, as at September 2011, 14.9 million credit card accounts in Australia with outstanding balances of $49.2 billion, representing an ownership rate of 87% of the adult population. Credit cards are the second largest type of household credit product provided by Australian banks, after household mortgages. This research note examines the recent reforms enacted under the National Consumer Credit Protection Amendment (Home Loans and Credit Cards) Act 2011. The reforms include (1) a requirement for key fact sheets (containing information about costs, fees and repayments) for all new credit card contracts; (2) a requirement for credit card providers to “make reasonable inquiries about the maximum credit limit that a consumer requires”, to notify consumers when they have exceeded their credit limit, and to provide warnings about the consequences of minimum repayments; and (3) a ban on credit card providers issuing written credit limit increase invitations except where a consumer has consented. The research note links the reforms to behavioural economics by identifying how the reforms address two key consumer biases – optimism and imperfect self-control, and examines how the reforms seek to alter the behaviour of consumers vulnerable to financial hardship
    Note: In: Australian Business Law Review, Vol. 40, No. 2, pp. 126-133, 2012 , Nach Informationen von SSRN wurde die ursprüngliche Fassung des Dokuments May 6, 2012 erstellt
    Language: English
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  • 5
    UID:
    (DE-627)179183048X
    Format: 1 Online-Ressource (30 p)
    Content: Consumer leases are regulated in Australia separately from credit contracts. This has created opportunities for regulatory arbitrage and has resulted in significant harm to consumers. Recent reforms, which commenced on 1 March 2013, have addressed this problem by applying to consumer leases many of the statutory protections available to consumers under credit contracts. However, the distinction between consumer leases and credit contracts has been retained. We argue in this article that the distinction is artificial and should be abandoned. We also examine how the uneven regulation of consumer leases and credit contracts has harmed consumers and we assess the recent reforms to the regulation of consumer leases. Finally, we investigate the practice of consumer leasing in Australia by reference to our survey of the consumer leasing industry, the cost of consumer leases, and selected “real life” case studies
    Note: In: Australian Business Law Review, Vol. 41, No. 5, pp. 240-269, 2013 , Nach Informationen von SSRN wurde die ursprüngliche Fassung des Dokuments December 31, 2013 erstellt
    Language: English
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  • 6
    UID:
    (DE-627)1791098878
    Format: 1 Online-Ressource (25 p)
    Content: Consumer leases offer low-income consumers the option to hire household items that they do not have the money to purchase upfront. They are marketed by consumer lease providers as a cheap way to purchase important household items. However, recent studies illustrate that the price ultimately paid to hire goods under a consumer lease contract will generally exceed the retail value of the goods hired and that it is the most expensive form of finance available. Despite this, consumers are often persuaded to enter into consumer lease contracts as a result of predatory practices engaged in by providers. These predatory practices are most effective with low-income consumers who may be experiencing financial difficulties and who live in remote areas that make it difficult to shop for alternative goods or seek financial and legal advice. The problems associated with consumer leases are particularly prevalent in remote and rural Indigenous communities where issues such as geographical isolation, financial hardship, and cultural practices make them vulnerable targets for providers. This article explores in detail the ongoing problems faced by Indigenous consumers when entering consumer leases. After setting out some of the key aspects of consumer leases and the general problems associated with their use, the article explores the operation of consumer leases in Indigenous communities and enforcement actions relating to Indigenous consumers that have been undertaken by the Australian Securities and Investments Commission. The article also reports the results of interviews conducted by the authors that indicate that, despite regulatory reforms and enforcement actions, Indigenous communities continue to be vulnerable consumers. This vulnerability has led many Indigenous consumers to pay exorbitant amounts for household items that could be purchased more cheaply or through less costly credit products. As a result, Indigenous consumers entering into consumer leases often find they are unable to afford to pay for other essential items, which in turn forces them into even greater financial distress. The article concludes with observations regarding the potential negative effects of consumer leases in Indigenous communities and reforms that may address these problems
    Note: In: Australian Indigenous Law Review, Vol. 20, No. 1, pp. 154-177, 2017 , Nach Informationen von SSRN wurde die ursprüngliche Fassung des Dokuments December 18, 2017 erstellt
    Language: English
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  • 7
    UID:
    (DE-627)1791688284
    Format: 1 Online-Ressource (13 p)
    Content: In this paper the authors report the results of a survey of financial literacy levels among Australian secondary school students. While key issues concerning financial literacy among adolescents are fairly well known, and governments see the urgency of addressing low levels of such literacy among a vulnerable cohort, less is understood about the variation of knowledge levels among young people. In this paper we identify the gap between urban and rural survey participants in respect of their financial literacy, and locate the contrasting knowledge levels in a setting that includes socio-economic status and language background
    Note: In: Australian and International Journal of Rural Education, Vol. 26, No. 1, pp. 54-66, 2016 , Nach Informationen von SSRN wurde die ursprüngliche Fassung des Dokuments May 10, 2016 erstellt
    Language: English
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  • 8
    UID:
    (DE-627)1792185383
    Format: 1 Online-Ressource (25 p)
    Content: Although young Australians are active consumers there is little evidence about their knowledge of consumer rights. The authors report the results of a survey of 207 Australian school students aged 16-17 aimed at ascertaining their knowledge of consumer rights. Focus group interviews were also conducted with 68 students. Factors that positively affect knowledge of consumer rights are the geographic location of the school that students attended, the proportion of students at each school that spoke a language other than English, the occupation of the parents of students, and whether students discussed money matters with parents or teachers. Insights from the focus group interviews include: the existence of significant differences in students' knowledge of consumer rights; that personal experience appears to make a difference to individual awareness of consumer rights; and that a substantial proportion of students lacked the confidence to exercise their consumer rights
    Note: In: Competition and Consumer Law Journal, Vol. 22, No. 2, pp. 126-150, 2014 , Nach Informationen von SSRN wurde die ursprüngliche Fassung des Dokuments November 7, 2014 erstellt
    Language: English
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  • 9
    UID:
    (DE-627)1792222076
    Format: 1 Online-Ressource (19 p)
    Content: The Australian Securities and Investments Commission (ASIC) has stewarded the Australian National Financial Literacy Strategy since 2011. Financial literacy is increasingly recognised as an essential part of consumer protection, complementing traditional consumer protection mechanisms such as disclosure. Increased financial literacy has significant benefits including the potential to reduce the need for regulatory intervention and enhance economic participation. While much attention has focused upon the financial literacy of adults, young people are active consumers and it has been suggested that their levels of financial literacy are not consistent with their extensive consumer activities. Currently a research gap exists regarding the financial literacy levels and attitudinal/behavioural aspects of young people's financial decision-making. This article discusses the results of a financial literacy survey of senior students in Australian secondary schools. The survey tested six key areas of financial literacy skills - financial decision-making; financial language comprehension; formal financial literacy (measuring the ability to conduct basic calculations and using practical skills to determine correct answers); financial knowledge comprehension (measuring awareness of matters such as investing and the classification of job types); consumer rights awareness; and financial risk awareness. The analyses tested for demographic factors and attitudes that are related to financial literacy. The study contributes important findings that can assist ASIC's ongoing work promoting consumer protection through financial literacy policies and can also assist in the development of financial literacy education programs in schools
    Note: In: Company and Securities Law Journal, Vol. 32, No. 5, pp. 334-352, 2014 , Nach Informationen von SSRN wurde die ursprüngliche Fassung des Dokuments September 1, 2014 erstellt
    Language: English
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