David Johnston (WA, Liberal Party, Shadow Minister for Defence) Share this | Link to this | Hansard source

asked the Minister representing the Minister for Financial Services and Superannuation, upon notice, on 28 September 2011:

Does a bank require confirmation from every customer signing a guarantee that they have had the guarantee and its implications explained to them.

Nick Sherry (Tasmania, Australian Labor Party, Minister Assisting the Minister for Tourism) Share this | Link to this | Hansard source

The Minister for Financial Services and Superannuation has provided the following answer to the honourable senator's question:

The Australian Bankers Association has released the Code of Banking Practice. The Code sets out in detail what the member banks of the ABA will do before they take a guarantee. The Code of Banking Practice requires that before a guarantee is taken, the bank must provide a prominent notice indicating: that the person should seek independent legal and financial advice on the effect of the guarantee; that the person can refuse to enter into the guarantee; and that there are financial risks involved.

Banks have a duty to disclose relevant issues to a third party guarantor. In addition, guarantees may be overturned because of unconscionable conduct; instances of duress; undue influence; and inequality of bargaining power due to a specific disadvantage or disability.