Warning bells as buy now, pay later companies want more say in industry regulations

Australia's buy now, pay later industry is the subject of a Senate committee investigation. Photo: AAP
Buy now, pay later companies want the federal government to collaborate with the sector when developing regulatory guidelines that will shape the future of Australiaâs financial technology industry.
The growing sector, often dubbed âfintechâ, is widely seen as disrupting the credit industry, with pay later services allowing shoppers to buy and receive goods straight away while paying off the full price in instalments.
Popular buy now, pay later services including Afterpay and Zip Co have been among those fronting a Senate inquiry into the sector this week.
Peter Gray, the co-founder and chief operations officer of Zip, encouraged regulators to adopt an âoutcomes-based approachâ.
âRather than try to provide prescriptive regulation that covers a broad-brush approach to many players in many industries, we believe powers such as [Australian Securities and Investments Commissionâs] product regulation powers allow the regulators to deal specifically with any providers,â he told the ABC.
âThe regulators have the tools in their armoury to deal with misconduct or any products that arenât favourable to consumers.â
Zip Pay is among the companies that have been involved in developing a voluntary code of conduct for the sector.
âThe code is a very strong starting point,â Mr Gray said.
âHere at Zip, weâll be implementing our own more robust standards. We operate reasonably differently to other players in the sector so itâs important that a code maintains these standards.â
Debt fears for shoppers
Consumer advocates arenât sold on the idea of a voluntary code of conduct.
Theyâre concerned increasing numbers of shoppers are reaching out to consumer advocates after getting into debt.
âTheyâre not regulated like other credit providers and we think there should be a level playing field,â said Patrick Sloyan, a policy officer at the Consumer Action Law Centre.
âCompanies love to say that theyâre innovative if theyâve got an online presence, but the fact is a lot of these companies are just extending people credit and credit isnât new.â
The centre, which made a submission to the inquiry but was not requested to appear at the hearings, wants the government and regulators to take more action.
âWeâre concerned that providers are invoking a halo of innovation and are falling through the gaps and that means theyâre not subject to the same regulatory requirements as other companies,â Mr Sloyan said.
âThatâs a big problem because that means consumers are left in the lurch if something goes wrong.â
Inquiry chairman Senator Andrew Bragg said it was important to have a âneutral frameworkâ to allow the companies to thrive.
âWe want to be very careful of ⌠being suspicious of innovation,â the Liberal senator told the ABC.
âOne thing Kenneth Hayne showed at the [banking] royal commission was that the incumbents were doing a poor job in many respects.
âEverything we do in this space has to be balanced between new ideas and consumer protection.â
Senator Bragg also wants to see regulation become more up to date with developments in the industry.
âThe pathway to more competition is fintech, so we have to be very careful that we donât hobble new ideas because they donât fit into a 2001 or 2002 bill of the Parliament,â he said.
âLegislation that was written 20 years ago that didnât foresee the development of buy now, pay later schemes shouldnât be our forward compass.â








