ANZ Plus Home Loan T&Cs

ANZ Plus Home Loan T&Cs

These are the terms that apply to your ANZ Plus Home Loan (after this we'll just call it your Loan). We call them the Loan T&Cs.

The Loan T&Cs don't include all the terms of this contract, or all the information we're required to give you before you enter into this contract. Additional information is in your ANZ Plus Home Loan Letter of Offer. We call it your Letter of Offer.

Terms defined in your Letter of Offer have the same meaning when used in the Loan T&Cs.

Your Letter of Offer and the Loan T&Cs are important. You should read them.

Your Loan Balance

What you owe us

You owe us your unpaid Loan Balance.

Debits and credits…

Debits increase your Loan Balance – so they add to what you owe us and pay interest on.

Credits decrease your Loan Balance – so they reduce what you owe us and pay interest on.

We'll generally debit amounts to your Loan Account like:

• any amount we lend you
• any amount redrawn – see ‘Redraw’
• certain amounts as set out in your Letter of Offer – like interest
• other amounts that become payable during this contract – e.g., fees and charges and
• amounts you must pay us under this contract but don't.

We'll generally credit payments to your Loan Account like repayments and extra payments.

When we credit payments

We'll credit payments to your Loan Account as soon as practicable after we receive them, but the date we assign to payments depends on the method of the payment and other things – like processing times.

This may mean that the date you make a payment may not be the same as the date that we credit it or that it is effective from.

Things don't always happen straight away

We may not process or apply transactions at the time, on the day or in the order they're made.

This is generally because there are cut-off times and processing times for different types of transactions, because some transactions aren't processed on weekends or public holidays and because some transactions may happen across different time zones. We might also need you to provide us with more information before we can process a transaction.

Others involved in the transaction may also have similar or other things that affect the time and order of transactions.

The day that we receive a payment from you might not be the day that you make or schedule it or the day that it's processed or applied to your Loan Account.

Adjustments we can make

We can adjust any debit or credit and your Loan Account:

• to correct a mistake
• to reflect when a debit or credit is or was effective or
• if we otherwise think we have reasonable grounds to do so – like to reflect your and our legal obligations under this contract.

We can adjust debits and credits that we've already made, and future ones.

We can also adjust your Loan Balance, interest and repayments already made and future ones, and other amounts to reflect an adjustment we make.

About amounts shown

Amounts shown are indicative only

You'll see amounts for your Loan Account in your ANZ Plus App, on a statement and other places. They can be called things like 'Balance', 'Loan Balance' or just a $ figure.

Other amounts may be shown too depending on the features of your Loan Account – like 'Redraw Amount' or 'Amount paid in advance'.

Amounts shown are indicative only. This can be because – e.g.:

• a transaction may not have updated the amount shown – e.g., reversals
• a transaction may have updated the amount shown but is not yet fully processed – e.g., a pending transaction
• we may not process transactions at the time, on the day or in the order that they're made or
• some transactions may have been processed and updated the amount shown but are later adjusted.

Paying us back

Repayments

You must make repayments in the amounts and on the repayment dates set out in your Letter of Offer.

Repayment amounts and dates can change – See 'Things can change…'.

Paying extra

You can make extra payments.

Extra payments decrease your Loan Balance, but don't change the amount of the minimum repayments you're required to make.

Redraw

If redraw applies to your Loan Account you may be able to redraw extra payments, up to your Redraw Amount.

Your Redraw Amount is the amount that we may let you redraw at any time. It’s generally the total of all the payments made minus all the payments required to have been made, minus amounts that’ve already been redrawn.

Extra payments may not be included in the Redraw Amount straight away – e.g. on the day you make them.

If there is more than one borrower, either of you may be able to redraw unless one of you has asked us that both of you have to approve a redraw.

You may not be able to redraw extra payments if:

• you've paid us everything owing under this contract, or your Loan Balance is positive
• you try to redraw using a method your Loan Account does not support
• you have an overdue payment, or a Default has happened
• if there is more than one borrower:
  - one of you has asked us that redraw be blocked or
  - one of you has asked us that both of you have to approve a redraw and the other borrower doesn't approve the redraw or
• transactions are delayed, blocked or not being processed for any reason.

You may not be able to redraw extra payments using the ANZ Plus App if you don't have an ANZ Plus Account and ANZ Save Account – contact us via a Coach.

Paying everything early

You can pay us everything owing under this contract and end this contract early.

Paying everything at the end

If you haven't already done so, you must pay us everything owing under this contract by the last day of the Term or, if earlier, the day this contract ends.

How to make payments

You:

• must make payments in Australian dollars
• must pay all amounts under this contract in full and on the due date and
• cannot make or claim any deduction, set-off, counterclaim or withholding of any kind from any amount you must pay under this contract.

You must make payments:

• by maintaining automatic repayments from an acceptable account or
• in any other way we approve

at that time.

How we use payments

We can use any payment we receive to pay any amount you owe us under this contract in the order we choose. However, we'll generally apply payments in the following order:

• any due but unpaid repayment
• any due but unpaid fees and charges
• any other due but unpaid amounts and
• as an extra payment. 

Interest, fees and charges

Interest accrues daily

Interest accrues daily from the Settlement Date until you pay us everything owing under this contract.

How we calculate interest

We calculate interest for each day by:

• dividing your interest rate on that day by 365 (to six decimal places) then
• multiplying that rate by your unpaid Loan Balance at the end of that day.

When interest is charged

We'll generally debit interest as set out in your Letter of Offer and on the last day of the Term or, if earlier, the day this contract ends.

However, if the day on which interest is to be debited is a day which:

• is the 29th, 30th or 31st of a month which doesn't have such a date - like February - subject to the paragraph below, we'll generally debit it on the last day of that month instead or
• isn't a Business Day, we'll generally debit it on the next Business Day instead, but with effect from when it was scheduled to be debited.

Fees and charges

You must pay us all:

• fees and charges set out in your Letter of Offer
• government charges
• other amounts we're entitled to charge you under this contract or a Security document – like enforcement expenses and
• fees and charges or other amounts we add after the Disclosure Date – see 'Things can change...'.

We'll generally debit these on the day that they're payable.

You can check our current fees and charges by contacting a Coach.

Covered?

Property insurance

You must keep the Property insured under a policy reasonably acceptable to us.

Things can change...

Changes we can make

We can make the following changes to the product or this contract without your consent – any change:

• that is beneficial to you
• to the interest rate, index or Reference Rate or your customer discount (if you have one), the method of calculation of interest or when, how often or how interest is payable
• to add a fee or charge, or change the amount or the method of calculation of a fee or charge or when, how often or how a fee or charge is payable (including government charges)
• to the amount or the method of calculation of a repayment or when, how often or how a repayment is payable
• to the name or description of any rate, account or publication
• to ensure that the product or this contract is consistent with our business, communication, technological or operational systems or processes
• to reflect changes to the features of the product or how it works
• to, or as part of a process to, discontinue or replace a product or migrate a product to a new system, and for this purpose we may change the product to a different product with similar features to the discontinued or replaced product, or change the existing product
• that in our reasonable opinion is needed or appropriate to protect any person (including us) from the risk of fraud or illegal activity
• that enhances the security of our products or services
• that is administrative or corrects a mistake, inconsistency or omission
• to simplify this contract
• that reflects current industry or market practice or conditions or that we reasonably think is appropriate in light of changes to community standards or expectations in respect of bank or environmental, social and governance practices
• to comply with, or reduce the risk of non-compliance with any law or decision, recommendation, guidance or standard of any court, tribunal, regulator, ombudsman service or similar
• that in our reasonable opinion is reasonably needed to prudently manage a material credit, operational or compliance risk or
• that is reasonably necessary to protect our legitimate business interests.

When you'll get notice of a change

We'll tell you about a change:

• to the interest rate, index or Reference Rate or your customer discount (if you have one) – no later than the day we make the change
• to the name or description of any rate, account or publication – no later than the day we make the change
• to decrease a fee or charge – no later than the day we make the change
• to government charges – promptly, after the Government tells us
• any other change – like adding a fee or charge, increasing the amount of a fee or charge or changing the amount or the method of calculation of a repayment or when, how often or how a repayment is payable – at least 30 days before we make the change.

When you may get shorter or no notice of a change

However, we:

• don't have to give you notice, or can give you shorter notice, of a change if we think it's reasonable to manage a material and immediate risk
• don't have to give you notice if the amount or type of a government charge you must pay changes (including new government charges), or when you must pay them changes, if these changes are published by the Government and
• can give you shorter notice or no notice of a change if we reasonably think the change is neutral or favourable to you.

How we'll give you notice of a change

We'll give you notice of a change:

• in the ANZ Plus App
• in or with your next statement, or in the ANZ Plus App when you access your next statement
• in one of the ways we can contact you set out in 'How we'll contact you' or
• by press advertising.

Changes to the ANZ Plus App & its terms

We can also change the ANZ Plus App at any time as set out in the App T&Cs and we can change the ANZ Plus App T&Cs too.

Don't like a change?

You have a right to pay us everything owing under this contract and end this contract early if you don't like a change we make. See 'Paying everything early'.

If things go wrong

Talk to us - you might have options

You should tell us if you're having financial difficulties or if something happens that means a Default might happen. We'll try to work out what options might be available to you.

What's a Default?

Each of the following is a Default:

• you don't make a payment under this contract within 2 Business Days after its due date
• you don't tell or give us information you're required to under this contract or a Security document and, in our reasonable opinion, this will have a material impact on our legal or credit risk
• insurance we require you to have under this contract or a Security document is cancelled or isn't renewed
• you deal or attempt to deal with the Property or any ancillary rights that relate to the Property without our consent e.g. selling, leasing or giving someone else rights over the Property or an ancillary right that relates to the Property – like insurance
• the Property is materially damaged, destroyed or acquired by compulsory acquisition
• in our reasonable opinion:
  - it's unlawful for us to continue with this contract or a Security
  - we think you're breaking the law in connection with this contract or a Security e.g. by engaging in fraud or
  - we think you've used your Loan Account or the ANZ Plus App to engage in financial or other abuse, unlawful behaviour or to engage in offensive, threatening, defamatory, harassing or controlling behaviour or
• any of the following things happens and, in our reasonable opinion, it's likely to cause a material adverse change in your financial situation likely to affect your ability to meet your obligations under this contract or a Security document:
  - you lose your job
  - you become bankrupt
  - you're permanently incapacitated or die
  - someone takes action to recover amounts:
         - you owe them or
         - by claiming against assets under a Security – like the Property
  - information you gave us in connection with this contract or a Security document is found to have been materially wrong, misleading or incomplete when made or given or
  - a materially adverse change happens to the effectiveness or the priority of this contract or any Security document.

What can happen if a Default happens

We'll give you at least 30 days' notice to fix a Default.

However, we don't have to give you any notice if:

• we reasonably think that we agreed to enter this contract because of fraud on your part
• after reasonable attempts, we can't contact you
• a court lets us take action without notice to you or
• we reasonably think that urgent action is required to protect any assets under a Security – like the Property.

If a Default happens and isn't fixed in the time we give you to fix it (if we've given you any):

• we can refuse to lend you any money
• if we ask, you must pay us everything owing under this contract when we ask you to
• we can take action under this contract, the Mortgage or any other Security document, and under the law – like taking possession of the Property and selling it
• we can end this contract early
• we can set-off or combine accounts – see 'Setoff and combining accounts'
• we can block access to and use of your Loan Account and delay, block or refuse to process any transaction and / or
• we can charge you for any expenses we reasonably incur doing any of these things or preserving our rights under this contract (we call these 'enforcement expenses').

We may also have other rights and be able to do other things under this contract, a Security document or under the law.

We can do any or all of these things, in any order.

If we don't do any of these things straight away or we don't exercise them fully, we can still do these things later.

We can also do these things if there's a conflict of interest.

We'll tell you if we report a payment default under this contract to a credit reporting body.

Privacy & your information

Privacy

As part of providing your Loan, we'll collect, store, use and disclose additional information about you. Our ANZ Plus Lending Privacy Collection Notice sets out when and how we do this. It applies in addition to the ANZ Plus App Privacy Statement we provided to you when you used the ANZ Plus App for the first time.

You should read it. Some of the important things that it explains are:

• the types of personal information we collect about you
• what we use your personal information for, which includes providing our products and services to you and for marketing and analytics purposes and
• the third parties we may share your personal information with (including that some third parties are located in overseas countries).

These are the uses and disclosures most relevant to us providing your Loan.

Curious?

You should read our Privacy Policy on the ANZ Privacy website.

It tells you more about our privacy practices, including how you can raise concerns – like if you think we have not complied with the privacy laws that apply – and how we'll respond. Privacy laws are any laws that relate to how we must protect and handle an individual's personal information.

You should also read our Credit Reporting Collection Notice on the ANZ Privacy website.

It tells you more about our credit reporting practices – like:

• what information we disclose to credit reporting bodies and why
• the credit reporting bodies that we deal with and how to contact them and
• how you can exercise your rights (including if you have been a victim of fraud, if you want to access or correct your credit information or how to make a complaint).

Consents

You agree that we may collect, store, use and disclose:

• behavioural biometric information about how you use your mobile phone or other device and the ANZ Plus App (such as how you type, click, scroll and swipe) to help prevent fraud
• sensitive information about you that you provide to us as part of verifying your identity (like a selfie photo of you or a recording of your voice) and
• sensitive information about you that you provide when raising an issue or concern with us (such as if you tell us about a health problem you're experiencing when you make a hardship claim).

If you provide us with the mobile phone number of another person who is jointly applying for a Loan with you, you:

• must provide them with a copy of the ANZ Plus Lending Privacy Collection Notice and
• represent to us that they consent to:
  - you providing us with their personal information and
  - us using their personal information to link their account to the joint Loan application.

If there is more than one borrower, we may disclose your personal information to any other borrower.

Our ANZ Plus Lending Privacy Collection Notice explains how we collect, store, use and disclose this personal information in more detail. It sets out the uses and disclosures most relevant to us providing your Loan. You could accept (or we could tell you about) further uses and disclosures in future, including relating to marketing.

Other disclosures we can make

We can also provide your personal information to other parties if we are authorised or required by law, or a court or tribunal order requires us to disclose information to them or others.

You must tell us...

If your information changes

You must tell us if:

• you change your name
• you change any of your contact details
• any of the things you told us about your residency or tax residency changes or
• something happens that changes the purpose of the Loan.

A Security document may also include things that you must tell us.

You must tell us these things regardless of whether you give us this information in any other way – like in connection with another product or service that you have with us outside the ANZ Plus App.

If we ask, you must provide us information we reasonably ask for to verify the change.

If we ask for information

Sometimes we might ask for more information from you – like if the AML laws require us to collect further information or if we need further information to confirm your identity, tax residency, to communicate with you, or provide products and services to you.

If we ask, you must provide us with information we reasonably ask for. This includes a valuation of any assets under a Security – like the Property.

We rely on you

We rely on what you tell us – like the information you gave us and confirmations you made when you applied for your Loan.

Getting in touch

How we'll contact you

We may contact you and send you notices by personal delivery, post, electronically – like using in-app messaging, or making it available, in the ANZ Plus App – or any other way the law says we can.

However, because ANZ Plus is generally digital, we'll generally communicate with you electronically and where we do, paper copies may not be available. You must access the ANZ Plus App regularly to check for any important notices or updates.

Generally, we'll rely on the information you give us via the ANZ Plus App to contact you, so you must keep it up to date. However, if you've given us information another way – like in connection with another product or service that you have with us outside the ANZ Plus App – we may rely on those details to contact you so you should regularly check that they are right.

A notice we give you can be signed by us or someone we authorise – like a lawyer or conveyancer.

When you've received our communications

You agree that you receive communications at a particular time, depending on the type of communication.

You agree that if we:

• make a notification, send a message or contact you using in-app messaging in the ANZ Plus App, you receive it on the day we send it or make it available on the ANZ Plus App
• make a notification or send a message or attachment to your mobile device or email address, you receive it on the day after we make the notification or send the message or
• send you a letter, you receive it on the seventh day after we mail the letter.

If we use more than one type of communication, you agree that the earliest will apply.

Statements

We'll generally give you statements of account every six months.

You can ask for a statement more frequently by contacting a Coach.

However, we may not give you a statement if the law or a code says we don't have to, e.g., you were in default under this contract and we've commenced enforcement proceedings.

You must check your statements carefully. Contact us immediately if you have any queries about something in a statement – this is important because there are time limits for disputing transactions.

Your assessment

You can ask us for a copy of our assessment that this Loan is not unsuitable for you.

How to contact us

You can contact us:

• via a Coach in the ANZ Plus App between 9am and 5pm Monday to Friday (Melbourne time) except on national public holidays or
• in one of the ways set out on the ANZ Plus website.

You can also contact us on +61 (03) 4050 9272 if your phone is lost or stolen.

See 'Complaints?' for additional ways to contact us to give feedback or make complaints.

Complaints?

We want your feedback

If you have a complaint, please contact us first and we'll try to fix the problem.

Information about ways to make a complaint can be found on the ANZ Plus App and the ANZ Plus website.

These include:

• contacting a Coach using the in-app messaging in the ANZ Plus App and
• by phone:
  - 1800 805 154
  - National Relay Service: 133 677

The Australian Financial Complaints Authority (or AFCA) provides fair and independent financial services complaint resolution that is free to consumers. If an issue isn't resolved to your satisfaction, you can lodge a complaint with them:

Website: www.afca.org.au

Email: info@afca.org.au

Telephone: 1800 931 678 (free call)

In writing to: Australian Financial Complaints Authority, GPO Box 3, Melbourne VIC 3001

Other terms

Insights

The ANZ Plus App has features that provide you with insights. They’re for general informational purposes only and are not intended to be financial, accounting or other professional advice, so you should check them because they may or may not be right.

Predictions

The ANZ Plus App has features where we may predict things – like upcoming expenses or how much you might spend or save if something happens. They're just predictions so you should check them because they may or may not be right.

Withholding Tax

If the law requires you to deduct or withhold an amount from any payment to us, you have to pay us an additional amount equal to what you're required to deduct or withhold.

If the law requires us to deduct or withhold an amount from any payment by us, we'll deduct or withhold it and we're not obliged to compensate you.

Your tax residency

To comply with the Australian tax law for the Automatic Exchange of Information, we may need to collect your "Self-Certification" including all your countries of tax residency. You promise the information you certify to us is true, correct and complete and that you'll update that information if it changes.

Setoff and combining accounts

If we reasonably think it's in our legitimate interests to do so, we may combine any account you have with us, or exercise our right of set-off against any amount we owe you, to reduce any amount you owe us under this contract or any other contract.

We may not do these things if the amount is also owed by or to, or the account is also held with, someone who isn't a borrower under this contract.

Dealings

We can assign, transfer, novate or otherwise deal or allow someone else to get an interest – like a security interest – in this contract to give effect to:

• a sale of debt – e.g., to a debt collection agency
• a sale of business, asset or portfolio
• business restructure or
• securitisation or other finance structure.

You agree to sign any document or do anything we reasonably ask you to do so we can do this.

You can't claim against any person who gets an interest in this contract – like an assignee, transferee, novatee or security holder – any right of set-off or other right you have against us.

We can disclose any information about you and this contract to any person who gets or is considering getting an interest in this contract.

If we think there's a Regulatory Risk

We can block access to and use of your Loan Account and delay, block or refuse to act on your instructions or process any transaction, or end this contract early, without telling you if we reasonably think there is a Regulatory Risk.

If we think it's reasonably necessary in our legitimate interests

We can block access to and use of your Loan Account and delay, block or refuse to process any transaction without telling you where we think it's reasonably necessary in our legitimate interests to do so – e.g., where we think it's reasonably necessary to prevent you or us from losing money.

Extra things we can do

If we think it's reasonably necessary to protect our rights, we can do anything:

• which you should have, but haven't, done under this contract or
• that we reasonably think you haven't done properly, e.g., if you haven't paid insurance.

You have to pay us any costs we reasonably incur if we do this.

You also authorise us to update and make fully effective, complete and correct this contract and the Security – like dating, correcting a typo, completing details or inserting missing information or stamping.

ePayments Code and the Banking Code of Practice

We'll comply with the ePayments Code when you redraw extra payments or if your mobile phone is misused, lost or stolen.

We are bound by the Banking Code of Practice and relevant provisions of the Banking Code of Practice apply to your Loan.

Your ANZ Plus Account and ANZ Save Account terms and conditions tell you what to do if an unauthorised transaction occurs on your ANZ Plus Account or ANZ Save Account, or your mobile phone is misused, lost or stolen.

If you become aware of a redraw transaction that you didn't make on your Loan Account, you suspect someone has unauthorised access to your Loan Account, or your mobile phone is misused, lost or stolen, you must:

• tell us immediately by using one of the contact methods listed in 'How to contact us', regardless of whether you have told us another way – like in connection with a non-ANZ Plus product or service
• follow the process in the relevant ANZ account terms and conditions for what to do when you suspect there is an unauthorised transaction or your mobile phone is misused, lost or stolen and
• comply with the terms that apply to unauthorised transactions and mobile phones that are misused, lost or stolen as if they were included in the Loan T&Cs.

When those terms apply to us, we'll also comply with them.

Financial abuse and inappropriate behaviour

Bank accounts are no place for financial or other types of abuse and using them to do so can have serious impacts. You must not use your Loan Account or the ANZ Plus App to engage in financial or other abuse, unlawful behaviour or to engage in offensive, threatening, defamatory, harassing or controlling behaviour. If you do you may be warned and we may take other action.

If you are experiencing financial abuse and would like to discuss your options with us, you can contact us using one of the contact methods listed in 'How to contact us' in 'Getting in touch'. We also provide information about family violence and financial abuse on the ANZ website.

You act on your own behalf

You agree that you're acting on your own behalf. You're not a trustee or acting on behalf of someone else.

The law that governs this contract

The law of Victoria governs this contract.

You agree that any court with official power to make legal decisions and judgements in Victoria can hear proceedings in relation to this contract.

Reading the Loan T&Cs

If there's any inconsistency between your Letter of Offer, the Loan T&Cs or any Security document, the documents will prevail in that order to the extent of the inconsistency.

What some words mean

Words that have a special meaning

Some words have a special meaning when they're used in this contract:

AML laws is any Australian or foreign law that relates to anti-money laundering and counter-terrorism or sanctions.

ANZ Plus is a banking platform provided by ANZ under the 'ANZ Plus' brand.

ANZ Plus Account is the ANZ Plus 'plus' account with us in your name. It includes any account that replaces it.

ANZ Save Account is the ANZ Plus 'save' account with us in your name. It includes any account that replaces it.

ANZ Plus App is the software we make available to you through which you can access products and services we offer under the brand ANZ Plus – like ANZ Plus accounts.

ANZ Plus Lending Privacy Collection Notice is the document by that name which can be found on the ANZ Plus website.

ANZ Plus website is the 'ANZ Plus' part of our website, https://www.anz.com.au/plus or its replacement.

ANZ Privacy website means www.anz.com/privacy or another website we tell you.

ANZ website is www.anz.com or its replacement.

Banking Code of Practice is the code with that name published by the Australian Banking Association (or, if it's replaced, it means its replacement).

Business Day is a day that isn't a Saturday, a Sunday or an Australian national public holiday.

Coach is an ANZ Plus Coach. Coaches assist users of ANZ Plus products. 

Credit Reporting Collection Notice is the credit reporting notice available on the ANZ Privacy website.

Default means one or more of the things in the 'What's a Default?' section.

ePayments Code is the relevant version of the code with that name published by ASIC that applies to us (or, if it's replaced, it means its replacement).

everything owing under this contract at any time, is the total amount you owe us under this contract at that time. It includes:

• your unpaid Loan Balance
• any amounts you must pay us but we haven't debited yet – like accrued but unpaid interest, fees or charges and amounts that accrue on repayment and
• any amount that you owe us because of an adjustment.

government charges mean government duties, taxes, fees, costs and other charges that apply to transactions under this contract, your Loan Account or a Security – like stamp duty.

last day of the Term also means the maturity date.

Loan means the loan we provide to you under this contract.

Your Loan Account at any time, is the loan account or accounts in your name for the purposes of this contract at that time.

Your Loan Balance at any time, is the total of the debits and credits we've made to your Loan Account at that time.

Policies are our anti-money laundering and counter-terrorism financing and sanctions policies and can change from time to time. E.g. the policies require that we generally don't enter into or remain involved in transactions that have any connection to certain countries or regions or have any connection with some sectors of the economy in some jurisdictions. A summary of our Policies is available on the ANZ website.

Privacy Policy is the document by that name which can be found on the ANZ Privacy website.

Regulatory Risk refers to a circumstance where we reasonably think or suspect that maintaining this contract or your Loan, or processing a transaction, may cause us to break any law or regulation, involve a Sanctioned Person, involve the proceeds of unlawful conduct or be inconsistent with or prohibited by our Policies.

Sanctioned Person is a person (natural, corporate or governmental) that is itself sanctioned or is connected to any person that is sanctioned under economic and trade sanctions imposed by the United Nations, the European Union or any country.

Security is all the security set out in your Letter of Offer and any other security interest we're given at any time that you agree with us in writing after the Disclosure Date secures any amount you owe us under this contract.

this contract is the contract between you and us on the terms of the Loan T&Cs and your Letter of Offer, as changed under this contract.

We / us / our is Australia and New Zealand Banking Group Limited (ABN 11 005 357 522) Australian credit licence number 234527. It includes our successors and assigns.

A reference to:

• a document or website includes any change or replacement of it
• a law includes any common law, principles of equity, laws made by any parliament and codes or laws which we think it is reasonable to comply with and includes any change or replacement of it
• something includes any part or all of it
• a single thing includes it's plural and vice versa and
• e.g. or like or including doesn't limit what is meant.

Information Statement

Things you should know about your proposed credit contract

This statement tells you about some of the rights and obligations of yourself and ANZ. It does not state the terms and conditions of your contract.

If you have any concerns about your contract, contact ANZ and, if you still have concerns, the AFCA scheme, or get legal advice.

The contract

1    How can I get details of my proposed credit contract?

ANZ must give you a precontractual statement containing certain information about your contract. The precontractual statement, and this document, must be given to you before —

• your contract is entered into or
• you make an offer to enter into the contract, 

whichever happens first.

2    How can I get a copy of the final contract?

If the contract document is to be signed by you and returned to ANZ, you must be given a copy to keep. Also, ANZ must give you a copy of the final contract within 14 days after it is made. This rule does not, however, apply if ANZ has previously given you a copy of the contract document to keep.

If you want another copy of your contract, contact an ANZ Plus coach and ask for one. ANZ may charge you a fee. ANZ has to give you a copy —

• within 14 days of your written request if the original contract came into existence 1 year or less before your request or
• otherwise within 30 days of your written request.

3    Can I terminate the contract?

Yes. You can terminate the contract by writing to ANZ so long as —

• you have not obtained any credit under the contract or
• a card or other means of obtaining credit given to you by ANZ has not been used to acquire goods or services for which credit is to be provided under the contract.

However, you will still have to pay any fees or charges incurred before you terminated the contract.

4    Can I pay my credit contract out early?

Yes. Pay ANZ the amount required to pay out your credit contract on the day you wish to end your contract.

5    How can I find out the pay out figure?

You can write to ANZ at any time and ask for a statement of the pay out figure as at any date you specify. You can also ask for details of how the amount is made up.

ANZ must give you the statement within 7 days after you give your request to ANZ. You may be charged a fee for the statement.

6    Will I pay less interest if I pay out my contract early?

Yes. The interest you can be charged depends on the actual time money is owing. However, you may have to pay an early termination charge (if your contract permits ANZ to charge one) and other fees.

7    Can my contract be changed by ANZ?

Yes, but only if your contract says so.

8    Will I be told in advance if ANZ is going to make a change in the contract?

That depends on the type of change. E.g.:

• you get at least same day notice for a change to an annual percentage rate. That notice may be a written notice to you or a notice published in a newspaper.
• you get at least 20 days advance written notice for —
  - a change in the way in which interest is calculated or
  - a change in credit fees and charges or
  - any other changes by ANZ,

except where the change reduces what you have to pay or the change happens automatically under the contract.

9    Is there anything I can do if I think that my contract is unjust?

Yes. You should first talk to ANZ. Discuss the matter and see if you can come to some arrangement.

If that is not successful, you may contact the AFCA scheme. The AFCA scheme is a free service established to provide you with an independent mechanism to resolve specific complaints. The AFCA scheme can be contacted at:

Online: www.afca.org.au

Email: info@afca.org.au

Phone: 1800 931 678

Mail: Australian Financial Complaints Authority Limited, GPO Box 3, Melbourne VIC 3001

Alternatively, you can go to court. You may wish to get legal advice, for example from your community legal centre or Legal Aid.

You can also contact ASIC, the regulator, for information on 1300 300 630 or through ASIC's website at https://www.asic.gov.au.

Insurance

10    Do I have to take out insurance?

ANZ can insist you take out or pay the cost of types of insurance specifically allowed by law. These are compulsory third party personal injury insurance, mortgage indemnity insurance or insurance over property covered by any mortgage. Otherwise, you can decide if you want to take out insurance or not. If you take out insurance, ANZ can not insist that you use any particular insurance company.

11    Will I get details of my insurance cover?

Yes, if you have taken out insurance over mortgaged property or consumer credit insurance and the premium is financed by ANZ. In that case the insurer must give you a copy of the policy within 14 days after the insurer has accepted the insurance proposal.

Also, if you acquire an interest in any such insurance policy which is taken out by ANZ then, within 14 days of that happening, ANZ must ensure you have a written notice of the particulars of that insurance.

You can always ask the insurer for details of your insurance contract. If you ask in writing, your insurer must give you a statement containing all the provisions of the contract.

12    If the insurer does not accept my proposal, will I be told?

Yes, if the insurance was to be financed by the credit contract. The insurer will inform you if the proposal is rejected.

13    In that case, what happens to the premiums?

ANZ must give you a refund or credit unless the insurance is to be arranged with another insurer.

14    What happens if my credit contract ends before any insurance contract over mortgaged property?

You can end the insurance contract and get a proportionate rebate of any premium from the insurer.

Mortgages

15    If my contract says I have to give a mortgage, what does this mean?

A mortgage means that you give ANZ certain rights over any property you mortgage. If you default under your contract, you can lose that property and you might still owe money to ANZ.

16    Should I get a copy of my mortgage?

Yes. It can be part of your credit contract or, if it is a separate document, you will be given a copy of the mortgage within 14 days after your mortgage is entered into.

However, you need not be given a copy if ANZ has previously given you a copy of the mortgage document to keep.

17    Is there anything that I am not allowed to do with the property I have mortgaged?

The law says you can not assign or dispose of the property unless you have ANZ’s, or the court’s, permission. You must also look after the property. Read the mortgage document as well. It will usually have other terms and conditions about what you can or can not do with the property.

18    What can I do if I find that I can not afford my repayments and there is a mortgage over property?

See the answers to questions 22 and 23. Otherwise you may —

• if the mortgaged property is goods — give the property back to ANZ, together with a letter saying you want ANZ to sell the property for you
• sell the property, but only if ANZ gives permission first OR
• give the property to someone who may then take over the repayments, but only if ANZ gives permission first.

If ANZ won’t give permission, you can contact the AFCA scheme for help. If you have a guarantor, talk to the guarantor who may be able to help you.

You should understand that you may owe money to ANZ even after the mortgaged property is sold.

19    Can ANZ take or sell the mortgaged property?

Yes, if you have not carried out all of your obligations under your contract.

20    If ANZ writes asking me where the mortgaged goods are, do I have to say where they are?

Yes. You have 7 days after receiving ANZ’s request to tell ANZ. If you do not have the goods you must give ANZ all the information you have so they can be traced.

21    When can ANZ or its agent come into a residence to take possession of mortgaged goods?

ANZ can only do so if it has the court’s approval or the written consent of the occupier which is given after the occupier is informed in writing of the relevant section in the National Credit Code.

General

22    What do I do if I can not make a repayment?

Get in touch with ANZ immediately. Discuss the matter and see if you can come to some arrangement. You can ask ANZ to change your contract in a number of ways —

• to extend the term of your contract and reduce payments or
• to extend the term of your contract and delay payments for a set time or
• to delay payments for a set time.

23    What if ANZ and I can not agree on a suitable arrangement?

If ANZ refuses your request to change the repayments, you can ask ANZ to review this decision if you think it is wrong.

If ANZ still refuses your request you can complain to the AFCA scheme. Further details about this scheme are set out below in question 25.

24    Can ANZ take action against me?

Yes, if you are in default under your contract. But the law says that you can not be unduly harassed or threatened for repayments. If you think you are being unduly harassed or threatened, contact the AFCA scheme or ASIC, or get legal advice.

25    Do I have any other rights and obligations?

Yes. The law will give you other rights and obligations. You should also READ YOUR CONTRACT carefully.

IF YOU HAVE ANY COMPLAINTS ABOUT YOUR CREDIT CONTRACT, OR WANT MORE INFORMATION, CONTACT ANZ. YOU MUST ATTEMPT TO RESOLVE YOUR COMPLAINT WITH ANZ BEFORE CONTACTING THE AFCA SCHEME. IF YOU HAVE A COMPLAINT WHICH REMAINS UNRESOLVED AFTER SPEAKING TO ANZ YOU CAN CONTACT THE AFCA SCHEME OR GET LEGAL ADVICE.

THE AFCA SCHEME IS A FREE SERVICE ESTABLISHED TO PROVIDE YOU WITH AN INDEPENDENT MECHANISM TO RESOLVE SPECIFIC COMPLAINTS. THE AFCA SCHEME CAN BE CONTACTED AT:

ONLINE: WWW.AFCA.ORG.AU

EMAIL: INFO@AFCA.ORG.AU

PHONE: 1800 931 678

MAIL: AUSTRALIAN FINANCIAL COMPLAINTS AUTHORITY LIMITED, GPO BOX 3, MELBOURNE VIC 3001

PLEASE KEEP THIS INFORMATION STATEMENT. YOU MAY WANT SOME INFORMATION FROM IT AT A LATER DATE.