National Consumer Credit Protection Act 2009

A licensee is a mortgage broker if:

the licensee carries on a business of providing credit assistance in relation to credit contracts secured by mortgages over residential property; and

the licensee does not perform the obligations, or exercise the rights, of a credit provider in relation to the majority of those credit contracts; and

in carrying on the business, the licensee provides credit assistance in relation to credit contracts offered by more than one credit provider.

A credit representative of a licensee is a mortgage broker if:

the credit representative carries on a business of providing credit assistance in relation to credit contracts secured by mortgages over residential property; and

neither the credit representative nor the licensee performs the obligations, or exercises the rights, of a credit provider in relation to the majority of those credit contracts; and

in carrying on the business, the credit representative provides credit assistance in relation to credit contracts offered by more than one credit provider.