Code Compliance Committee (CCC) Powers

The CCC is responsible for overseeing and administering the BNPL Code of Practice, including monitoring and investigating Code Compliant Members' compliance, and imposing sanctions for non-compliance.

The CCC will use their powers when investigating ‘Alleged Breaches’ of the Code. They will also collect data so they can monitor Code Compliant Members for compliance with the Code.

If the CCC believes that a Code Compliant Member has breached the Code, it has the power to impose a series of sanctions, detailed below.

The CCC will be obligated to impose certain mandatory sanctions for breaches deemed ‘significant’, for example, a breach that is found to be systemic in nature will then require reporting to ASIC. Having mandatory sanctions goes above and beyond other industry codes.

The sanctions include the power to name a non-complying BNPL provider and publicise a notice of non-compliance on AFIA’s website, in AFIA’s Annual Review and/or in a media release.


At their discretion, the CCC may impose a number of different Sanctions on a Code Compliant Member, including:

1. Rectifying the breach by undertaking a commercially reasonable rectification process and settling the complaint with the customer.
2. Reviewing the provider's plan of action for remedying a complaint lodged with them.
3. Issuing a formal warning to the provider.
4. Requiring a Code Compliance audit of the provider at their expense.
5. Reporting the alleged breach of the Code to the relevant regulatory bodies such as ASIC, AFCA (see Schedule 1 of the BNPL Terms of Reference for more information).
6. Naming the provider and publicising a notice of non-compliance on AFIA’s website, in AFIA’s Annual Review and six-month report.
7. Naming the provider and publicising a notice of non-compliance in a media release.
8. Requiring the provider to cease portraying itself as a Code Compliant Member (including removing the accreditation symbol, only used by these members, from their website or other information).
9. Suspending or revoking the provider’s certification as a Code Compliant Member.
10. Recommending to the Board that the provider’s membership of AFIA be reviewed, suspended or terminated.

For further information about the role of the CCC and its powers can be found in the Terms of Reference.