Banking and Finance Point-in-Time Service Updates

The Banking and Finance Point-in-Time Service has been updated to include the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (Cth) (Act No 70 of 2026), the Combatting Illicit Tobacco Act 2026 (Cth) (Act No 82 of 2026), and the National Consumer Credit Protection Amendment (Small Business Exemption) Regulations 2026 (Cth).

Act 70 of 2026

The Act is an omnibus Act that makes miscellaneous amendments, including amendments to: 

• list the Sydney West Airport (SWA) as a ‘major airport’ for the purposes of Division 3B, Part IAA of the Crimes Act 1914 (Cth);
• amend the Criminal Code (contained in a schedule to the Criminal Code Act 1995 (Cth)) to improve the operation of serious drug offence provisions in Part 9.1 by streamlining key processes, enhancing consistency across criminal justice systems and reducing administrative complexity, while maintaining appropriate safeguards;
• amend the Director of Public Prosecutions Act 1983 (Cth) to provide an ability for the Attorney-General to authorise a sufficiently senior person to exercise all powers and functions, ordinarily exercised by the Commonwealth Director of Public Prosecutions (the Director) in circumstances where the Director is unable to exercise those powers and functions due to an actual, perceived or potential conflict of interest; and
• make consequential amendments to the Proceeds of Crime Act 2002 (Cth). 

Act 82 of 2026

The Act expands law enforcement powers to investigate illicit tobacco related offending and increases the penalties and consequences for persons involved in illicit tobacco offending. The Act includes amendments to: 

• increase criminal penalties for offences in the Customs Act 1901 (Cth), the Excise Act 1901 (Cth) and the Taxation Administration Act 1953 (Cth) which relate to the importation, possession, buying, selling, supply, production and manufacture of illicit tobacco;
• insert several illicit tobacco-related offences under the definition of 'serious offence' in the Telecommunications (Interception and Access) Act 1979 (Cth); 
• introduce additional grounds for making a non-publication order under the Proceeds of Crime Act 2001 (Cth), as well as expand the types of information and documents which can be protected by such an order.

National Consumer Credit Protection Amendment (Small Business Exemption) Regulations 2026

The Regulations aim to support timely access to finance for small businesses seeking mixed purpose loans. The Regulations amend the National Consumer Credit Protection Regulations 2010 (Cth) to extend the existing exemption from responsible lending obligations for small businesses for a further 10 years. The exemption was originally introduced in April 2020, and provides that mixed purpose loans to a consumer (for example, where a small business operated by an individual applies for a single loan to be used for both personal and commercial purposes) are exempt from responsible lending requirements so long as there is a ‘genuine’ small business purpose component that is not minor or incidental.

These amendments have been updated in the Point-in-Time Banking and Finance Service current to 9 September 2026. (NB: Subscription required).

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