FINANCIAL SERVICES INDUSTRY – AUSTRALIA – REGULATION

Regulator urged not to curtail BNPL

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Original article by Richard Gluyas
The Australian – Page: 21 : 20-Nov-20

Liberal senator Andrew Bragg will use a StartUp Aus speech on 20 November to caution against over-regulating the ‘buy now, pay later’ sector. In the wake of the Australian Securities & Investments Commission’s recent report on the sector, Bragg will emphasise the need for ASIC to enforce the law rather than "pontificate on policy". Bragg will also use the speech to argue that the new national security in Hong Kong presents an opportunity for Australia to become a regional financial centre.

CORPORATES
LIBERAL PARTY OF AUSTRALIA, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION

Banks stay cautious despite lending shift

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Original article by Cliona O’Dowd
The Australian – Page: 15 : 28-Sep-20

Investors Mutual founder Anton Tagliaferro does not expect the federal government’s proposal to scrap responsible lending laws to make a "material difference" to Australia’s banks. He says banks tend to be very cautious during a recession, adding that this is likely to continue going into 2021. Tagliaferro adds that banks are likely to be focused on existing loans in the near-term, as repayment deferral periods come to an end. Meanwhile, he expects the federal Budget on 6 October to include tax cuts and measures aimed at boosting jobs.

CORPORATES
INVESTORS MUTUAL LIMITED

Watchdog backs delay of Hayne banking reforms

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Original article by Eli Greenblat
The Australian – Page: 16 : 29-May-20

Some of the recommendations arising from the Hayne royal commission were slated to be implemented in July. Australian Securities & Investments Commission chairman James Shipton has expressed support for the federal government’s decision to delay these reforms until the end of 2020, given the impact of the coronavirus pandemic on banks and the domestic economy. Shipton has also told a Senate committee that ASIC is watching out for fraudulent activity such as phoenix companies and attempts to scam people out of their superannuation savings via the early access scheme.

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

APRA probes bank, insurer virus plans

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Original article by Michael Roddan
The Australian – Page: 17 & 26 : 28-Feb-20

The Australian Prudential Regulation Authority has not updated its guidelines on pandemics since 2013, but the coronavirus outbreak has prompted it to activate Prudential Practice Guide CPG 233 – Pandemic Planning. APRA has asked financial institutions such as banks, insurers and superannuation funds to demonstrate that they are sufficiently prepared for a global pandemic. Westpac has responded to the outbreak by imposing a ban on employees travelling to China for business purposes, while AMP is requiring some employees in coronavirus epicentres to work from home.

CORPORATES
AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY, WESTPAC BANKING CORPORATION – ASX WBC, AMP LIMITED – ASX AMP

Bank concerns don’t apply to us: super funds

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Original article by James Frost
The Australian Financial Review – Page: 13 & 16 : 6-Feb-20

The Association of Superannuation Funds of Australia has questioned the need to expand the Banking Executive Accountability Regime to include super funds and insurers. ASFA CEO Martin Fahy describes the proposal as an ‘overkill’, and he argues that the super industry is already subject to tough regulation. He adds that the proposal will discourage product innovation and affect funds’ returns. Australian Banking Association CEO Anna Bligh has expressed support for extending the regime beyond the bank sector.

CORPORATES
THE ASSOCIATION OF SUPERANNUATION FUNDS OF AUSTRALIA LIMITED, AUSTRALIAN BANKING ASSOCIATION, AUSTRALIA. ROYAL COMMISSION INTO MISCONDUCT IN THE BANKING, SUPERANNUATION AND FINANCIAL SERVICES INDUSTRY

Banks face stress test on climate

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Original article by Michael Roddan
The Australian – Page: 1 & 2 : 20-Dec-19

Australian financial services providers may be required to disclose their exposure to climate risks in their financial statements. It is amongst reforms that are likely to be implemented by the Australian Prudential Regulation Authority and the Reserve Bank of Australia, which include subjecting banks and insurance companies to stress-testing with regard to climate change-related risks. The reforms have been proposed by the Network of Central Banks & Supervisors for Greening the Financial System. The RBA has been a member of it since 2018, while APRA has observer status.

CORPORATES
AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY, RESERVE BANK OF AUSTRALIA, NETWORK OF CENTRAL BANKS AND SUPERVISORS FOR GREENING THE FINANCIAL SYSTEM

Strict best interest duty needed: Harris

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Original article by John Kehoe
The Australian Financial Review – Page: 6 : 10-Oct-19

Former Productivity Commission chairman Peter Harris has stressed the need for a strong ‘best interest duty’ that applies equally across the banking, mortgage broking, financial advice and superannuation industry. He is concerned that industry lobbying could result in a proposed best interest duty for mortgage brokers being watered down. Harris has also downplayed the need for a mortgage pricing inquiry, arguing that the federal government’s priority should be to implement the recommendations made by the commission in its 2018 report on competition in the financial services sector.

CORPORATES
AUSTRALIA. PRODUCTIVITY COMMISSION, AUSTRALIA. DEPT OF THE TREASURY, AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, AUSTRALIAN FINANCE GROUP LIMITED – ASX AFG

Wary APRA orders more stress-tests for banks

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Original article by Richard Gluyas
The Australian – Page: 17 & 21 : 30-Aug-19

The Australian Prudential Regulation Authority currently undertakes "stress-testing" of the nation’s banks every three years. However, growing concern about the outlook for the domestic and global economies is believed to have prompted APRA to conduct annual stress tests. APRA’s latest corporate also shows that the performance of superannuation funds will also be a focus for the prudential regulator over the next few years; this will include ranking super funds based on a range of metrics.

CORPORATES
AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY

Top lawyers warn ASIC against hasty moves

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Original article by Hannah Wootton
The Australian Financial Review – Page: 33 : 23-Aug-19

Treasurer Josh Frydenberg recently indicated that the federal government aims to pass 40 pieces of legislation in response to the Hayne royal commission’s recommendations by the end of 2020. It wants 90 per cent of relevant legislation to be implemented by mid-2020. However, corporate lawyers have stated that problems could arise if the government and the Australian Securities & Investments Commission persist with their "ambitious deadlines" for implementing the commission’s recommendations.

CORPORATES
AUSTRALIA. DEPT OF THE TREASURY, AUSTRALIA. ROYAL COMMISSION INTO MISCONDUCT IN THE BANKING, SUPERANNUATION AND FINANCIAL SERVICES INDUSTRY, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED – ASX ANZ, NATIONAL AUSTRALIA BANK LIMITED – ASX NAB

ASIC to sue big banks in weeks

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Original article by John Durie
The Australian – Page: 17 : 19-Aug-19

The Australian Securities & Investments Commission’s deputy chairman Daniel Crennan says it will shortly commence legal action against the four major banks, plus AMP and Macquarie Group. He adds that ASIC is still working on 13 matters that were referred to it by the Hayne royal commission, as well as a further 39 matters that were examined by the inquiry. Meanwhile, ASIC’s latest enforcement update shows that it accepted just one court-enforceable undertaking in the first half of 2019, compared with nine in the second half of 2018. ASIC’s reluctance to pursue litigation came under scrutiny by royal commissioner Kenneth Hayne.

CORPORATES
AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, AMP LIMITED – ASX AMP, MACQUARIE GROUP LIMITED – ASX MQG, AUSTRALIA. ROYAL COMMISSION INTO MISCONDUCT IN THE BANKING, SUPERANNUATION AND FINANCIAL SERVICES INDUSTRY