A question on responsible lending during COVID-19

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ParkerJM

Member
8 July 2020
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There have been temporary amendments made to the National Consumer Credit Protection (NCCP) to help with the COVID-19 situation, in regards to responsible lending where certain responsible lending obligations have been exempt for the provision of credit to individuals operating small businesses.

See here: National Consumer Credit Protection Amendment (Coronavirus Economic Response Package) Regulations 2020

However, I read that the responsible lending obligations only apply to credit provided to individuals for 'consumer' purposes like personal/domestic/household purposes.

See here: https://download.asic.gov.au/media/5403117/rg209-published-9-december-2019.pdf
on page 10, RG 209.28

So my question is: If the regulatory guide (RG 209) states that the responsible lending obligations does not apply to the provision of credit for other investment purposes (such as to support a business), why was it made exempt for the duration of the pandemic as wasn't it already exempt?