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Senate Committee Publishes Report and Recommendations on Regulation of Australian Buy Now Pay Later Industry

Following on from the Senate Hearings in January 2019, the Economic References Committee (Committee) published its Report on credit and financial services targeted at Australians at risk of financial hardship....more

Royal Commission Report - Life Insurance and General Insurance

The Final Report of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry was released on 4 February 2019. In addressing the findings from hearings into the insurance industry,...more

Royal Commission Report - Financial Advice Businesses

The Final Report from the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry was published early last week. In addressing the findings from hearings into the Financial Advice...more

Australian Buy Now Pay Later Businesses Discuss the Utility of Open Banking Regime

On 22 January 2018, two of the largest ‘buy now, pay later’ businesses in Australia, Afterpay and Zip.co, appeared at a hearing before the Senate’s Economic References Committee. During the Senate hearing, both Zip.co and...more

2/4/2019  /  Australia , Banking Sector , Lenders , Lending

Life Insurance – Some Sales Tactics Exposed

An Australian Securities & Investments Commission (ASIC) Report, "Sale of Direct Life Insurance" (Report), has exposed systemic issues within the life insurance industry. The findings include a number of dramatic case studies...more

Design & Distribution Bill: A Reflection of the Current "Consumer-Centric" Climate

Misaligned advisor interests. Consumer disengagement. Low financial literacy in the face of complex documents. These themes echo throughout the revised Treasury Laws Amendment (Design and Distribution Obligations and Product...more

Reporting Entities Beware: AUSTRAC is Becoming More Active and Getting More Powers

There are good reasons to suspect that we may soon see increased enforcement action from the anti-money laundering and counter-terrorism financing (AML/CTF) regulator, Australian Transaction Reports and Analysis Centre...more

Financial Product Design and Distribution Obligations

Late last year the Australian Government released a paper outlining a proposal to implement a range of design and distribution obligations on the issuers and distributors of financial products to retail clients. The proposed...more

Mortgage Broker Remuneration Reforms – What You Need to Know

Concerns have been raised by the Australian Government in recent times in relation to the effect of current remuneration structures in the mortgage broking market on the quality of consumer outcomes. During 2016, the...more

Reminder: Fee and Cost Disclosure - RG 97 Extension

ASIC's amended fee and cost disclosure requirements for managed investment schemes and superannuation funds are due to commence tomorrow. However, ASIC has granted an extension until 1 September 2017....more

2/2/2017  /  ASIC , Australia , Fees , Investment Schemes

Unpacking the Australian OTC Derivative Reporting Regime

The Australian government has released draft regulations implementing a single sided exemption from the trade reporting regime for over-the-counter (OTC) derivatives. Consultation on the regulations closed in late June and...more

Cyber Resilience for Financial Services Entities

In March this year, the Australian Securities and Investments Commission (ASIC), issued Report 429 Cyber resilience: Health check (REP 429). The report aims to highlight the importance of cyber resilience for entities...more

Good News for Commercial Credit Providers – EDR Exemption to Continue

The Attorney- General's Department has announced that the exemption for commercial credit providers (CCPs) from the external dispute resolution (EDR) membership obligation should continue indefinitely. As advised in our Legal...more

Attention Commercial Credit Providers – Deadline Looms and Uncertainty on EDR

Commercial credit providers (CCPs) may be required, by the current Australian privacy laws, to join an external dispute resolution (EDR) scheme (EDR scheme) by 12 March 2015 if they wish to continue participating in credit...more

ASIC Clarifies its View on Wholesale Classification of SMSFs…but are Things as Clear as They Seem?

On 8 August 2014, the Australian Investments and Securities Commission (ASIC) issued a media release – 14-191MR Statement on wholesale and retail investors and SMSFs (14-191MR), in which ASIC withdrew its previous view on the...more

9/3/2014  /  ASIC , Australia , Investors

FATCA is Coming

At the end of May 2014, a bill was introduced to the Australian Federal Parliament to give effect to the United States' Foreign Account Tax Compliance Act (FATCA) and the intergovernmental agreement which was executed by...more

The Future of FoFA

In light of today's announcements from Mathias Cormann, Australia's Minister for Finance, the future of FoFA is becoming clearer. The Future of Financial Advice (FoFA) legislation has been surrounded by uncertainty...more

6/23/2014  /  ASIC , Australia , FOFA Reforms

ASX's mFund and the Best Interests Duty

With the Australian Securities Exchange (ASX) set to launch its mFund settlement service in the first half of 2014, investment platform providers and financial advisers need to spend some time coming to grips with the...more

3/7/2014  /  ASIC , Australia , Foreign Investment

Changes to Hedge Fund Disclosure and Reporting Obligations

In October 2013, the Australian Investment and Securities Commission (ASIC) announced new reporting and disclosure obligations for hedge funds and funds of hedge funds registered in Australia. By 1 February 2014, fund...more

Proposed FoFA Reforms to Ease Regulatory Burden

In line with their pre-election commitments, on Friday 20 December, the Australian Government announced plans to reform the Future of Financial Advice (FoFA) legislation. Many of the changes go beyond what had previously been...more

Australian Financial Services Reforms – New Issues for Superannuation and Hedge Funds

Superannuation fund trustees will be seeking increased input and cooperation from their investment managers in order to comply with new regulatory requirements while hedge funds will need to consider their status under the...more

OAIC Releases Guidelines on Cross Border Disclosure and Direct Marketing

The Office of the Australian Information Commissioner (OAIC) has released further draft Australian Privacy Principles (APP) Guidelines (draft Guidelines) for public consultation. The draft Guidelines outline how the OAIC will...more

Financial Services Under a New Liberal Government

What can the Financial Services Sector Expect from the New Federal Government? "Son of Wallis" Inquiry - The incoming Coalition government has committed to conducting a comprehensive "root and branch" inquiry...more

Advice in a Post FOFA World – Strategic Ripples

There is no doubt that the Future of Financial Advice reforms (FOFA) will significantly transform the advice landscape, and there is debate around which sectors of the advice industry will be the winners, and how long the...more

Curating an Investment Menu – Investment Governance Challenges for Super Trustees

Investment governance expectations on superannuation trustees have risen markedly since the introduction of the StongerSuper reforms....more

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