FINANCIAL SERVICES INDUSTRY – AUSTRALIA – REGULATION

Australia warned it is lagging behind on cryptocurrency regulation

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Original article by Rhiann Whitson
abc.net.au – Page: Online : 26-Nov-24

The Australian cryptocurrency sector contends it is high time that the sector was properly regulated by means of legislation, with both businesses and consumers let down by a lack of regulation. The lack of legislation means that the Australian Securities Investment Commission is forced to take action case by case, with ASIC taking a number of enforcement actions against cryptobusinesses, claiming they have breached existing laws such as the Corporations Act. ASIC has noted that there are around 400 digital currency exchange changes registered with AUSTRAC, but that only about 40 crypto-related businesses are currently licensed with ASIC

CORPORATES
AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, AUSTRALIA. ATTORNEY-GENERAL’S DEPT. AUSTRALIAN TRANSACTION REPORTS AND ANALYSIS CENTRE

Industry calls for more changes than just axing debit card fees

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Original article by David Ross, David Rogers
The Australian – Page: 13 & 19 : 16-Oct-24

The Reserve Bank of Australia has confirmed that it will investigate the regulation of the payments system, in the wake of the federal government’s proposal to ban debit card surcharges by 2026. Amongst other things, the RBA has indicated that its review will examine the costs that merchants incur when they accept card payments, and whether its surcharging framework is still ‘fit for purpose’. The Australian Banking Association’s CEO Anna Bligh argues that abolishing debit card surcharges would be a "win for consumers", although some observers contend that broader reform is needed.

CORPORATES
RESERVE BANK OF AUSTRALIA, AUSTRALIAN BANKING ASSOCIATION

Local class-action litigation now second only to the US

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Original article by Jack Quail
The Australian – Page: 3 : 2-Jul-24

A report produced by the Menzies Research Centre has concluded that Australia’s litigation funding industry is now worth more than $200m, following huge growth over the last five years. The Liberal Party-aligned think tank notes that the litigation funding sector is "cashed up and thriving" amidst a lax regulatory environment. The MRC has urged the federal government to pursue greater regulation of litigation funders; amongst other things, it has recommended capping their fees at 30 per cent of a class action payout.

CORPORATES
THE MENZIES RESEARCH CENTRE LIMITED, LIBERAL PARTY OF AUSTRALIA

Super giants split over best interests duty

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Original article by Lucy Dean
The Australian Financial Review – Page: 17 : 5-Oct-22

Industry Super Australia has used its submission to the Quality of Advice Review to criticise the proposal to water down the ‘best interests duty’. The new duty to provide ‘good advice’ would apply to financial services providers such as superannuation funds and banks. ISA contends that the good advice obligation will materially change how financial advice is offered and regulated, and will most likely result in lower quality of advice. The Association of Superannuation Funds of Australia and the Financial Services Council have expressed support for the proposed changes.

CORPORATES
INDUSTRY SUPER AUSTRALIA PTY LTD, THE ASSOCIATION OF SUPERANNUATION FUNDS OF AUSTRALIA LIMITED, FINANCIAL SERVICES COUNCIL

Labor to regulate buy now, pay later

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Original article by Glenda Korporaal
The Australian – Page: 19 : 27-Apr-22

Shadow financial services minister Stephen Jones has flagged greater regulation of the ‘buy now, pay later’ sector if Labor wins the federal election. Jones says the BNPL sector is operating in an "ambiguous" regulatory space, and he contends that it requires some degree of regulation as it is directly competing with credit providers. He has also indicated that Labor will take action to halt a sharp decline in the number of financial advisers, with many leaving the industry in recent years due to federal government reforms.

CORPORATES
AUSTRALIAN LABOR PARTY

ASIC warning: no crypto safety net

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Original article by John Kehoe, Michael Read
The Australian Financial Review – Page: S3 : 23-Nov-21

Australian Securities & Investments Commission chairman Joe Longo has urged retail investors to be cautious when it comes to putting money into cryptocurrencies, as he doubts that many understand what they are investing in. He admitted to the 2021 Super & Wealth summit that ASIC has very little power to intervene in cryptocurrency assets as many are probably not financial products. Fidelity portfolio manager Kate Howitt told the summit that assessing the value of crypto is difficult because it is an asset that does not have a cash flow stream.

CORPORATES
AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, FIDELITY INVESTMENTS AUSTRALIA LIMITED

Final tranche of Hayne reforms a milestone

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Original article by James Frost
The Australian Financial Review – Page: 18 : 28-Oct-21

The federal government will legislate to implement a further six recommendations arising from the Hayne royal commission on 28 October. The last tranche of legislation includes a bill to replace the Banking Executive Accountability Regime with the broader-based Financial Accountability Regime, which will also apply to the insurance and superannuation sectors. The government will also establish the Compensation Scheme of Last Resort, which will eventually be fully funded via an industry level. Kenneth Hayne released his final report in February 2019.

CORPORATES
AUSTRALIA. ROYAL COMMISSION INTO MISCONDUCT IN THE BANKING, SUPERANNUATION AND FINANCIAL SERVICES INDUSTRY

Frydenberg flags home loan curbs

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Original article by John Kehoe
The Australian Financial Review – Page: 1 & 2 : 28-Sep-21

Growing concern about the high debt-to-income ratios of home buyers may prompt the federal government to push for regulatory intervention. Treasurer Josh Frydenberg discussed the issue at the Council of Financial Regulators’ recent quarterly meeting, although the CFR is not expected to announce any macro-prudential measures in its quarterly statement on 29 September. Frydenberg says Australia’s macro-prudential settings must be continually assessed, and they should be adjusted if this is deemed to be necessary.

CORPORATES
AUSTRALIA. DEPT OF THE TREASURY, AUSTRALIA. COUNCIL OF FINANCIAL REGULATORS

Dodgy advice refunds hit $1.86bn

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Original article by Cliona O’Dowd
The Australian – Page: 17 : 6-Aug-21

The fee-for-no-service scandal has now cost six of Australia’s biggest financial institutions more than $1.6bn in total. New data from the Australian Securities & Investments Commission shows that the four major banks, Macquarie Group and AMP paid out an additional $620.9m during the first six months of 2021. They have also paid out $224.6m in total to customers who received non-compliant financial advice. It has also been alleged that about 2,000 of AMP’s customers had continued to be charged fees after the institution was informed that they had died.

CORPORATES
COMMONWEALTH BANK OF AUSTRALIA – ASX CBA, WESTPAC BANKING CORPORATION – ASX WBC, NATIONAL AUSTRALIA BANK LIMITED – ASX NAB, AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED – ASX ANZ, MACQUARIE GROUP LIMITED – ASX MQG, AMP LIMITED – ASX AMP, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION

Consumer groups savage responsible lending plan

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Original article by Paul Smith
The Australian Financial Review – Page: 19 : 23-Nov-20

The federal government’s proposed changes to responsible lending laws have been attacked by a consortium of consumer rights advocacy groups. In a submission to the government’s inquiry into the proposed changes, the groups have labelled them as "fundamentally defective". They note that the changes represent a direct contradiction of the banking royal commission’s first recommendation, namely that the National Consumer Credit Protection Act should not be revised to alter the "obligation to assess unsuitability".

CORPORATES
CONSUMER CREDIT LEGAL SERVICE, CONSUMER ACTION LAW CENTRE, AUSTRALIA. ROYAL COMMISSION INTO MISCONDUCT IN THE BANKING, SUPERANNUATION AND FINANCIAL SERVICES INDUSTRY