A new Banking Code of Practice is on the horizon
Background The Australian Banking Association’s (ABA) Banking Code of Practice (the Code) contains a set of contractually enforceable industry standards that customers and small businesses can expect subscribing banks to uphold. The Code has been in place in various forms since 1993, including a range of protections that are intended to complement and set higher […]
ReadmoreGadens Regulatory Recap – 14 November 2023
This edition of the Gadens’ Regulatory Recap highlights recent developments from ASIC, APRA, ACCC, AFCA, AUSTRAC, the OAIC, and Treasury, including various enforcement actions taken by the regulators. ASIC ASIC releases second publication on insights from the reportable situations regime: On 31 October 2023, ASIC released Report 775 Insights from the reportable situations regime: July […]
ReadmoreGadens Regulatory Recap – 31 October 2023
This edition of the Gadens’ Regulatory Recap highlights recent developments from ASIC, APRA, ACCC, AFCA, AUSTRAC, the ATO, the OAIC, Treasury, and some key legislative updates, including various enforcement actions taken by the regulators. ASIC ASIC Breach reporting amendments: On 19 October 2023. ASIC made ASIC Corporations and Credit (Amendment) Instrument 2023/589, which modifies the […]
ReadmoreDigital asset regulation – Treasury’s proposed framework for regulating digital asset platforms
In the latest development in Australia’s regulation of digital assets, Treasury has released ‘Regulating Digital Asset Platforms’, a proposal paper for consultation (Proposal). The Proposal proposes to expand Australia’s existing financial services regulatory regime to fill the identified ‘regulatory gap’ in relation to certain digital asset custody services which are not financial products under existing […]
ReadmoreGadens Regulatory Recap – 17 October 2023
This edition of the Gadens’ Regulatory Recap highlights recent developments from ASIC, APRA, ACCC, AFCA, the ATO, Treasury, and the Australian Law Reform Commission, including various enforcement actions taken by the regulators. ASIC ASIC and APRA publish further information on joint administration of FAR: On 3 October 2023 ASIC and APRA published a Financial Accountability […]
ReadmoreGadens Regulatory Recap – 3 October 2023
This edition of the Gadens’ Regulatory Recap highlights recent developments from ASIC, APRA, OAIC, ACCC, AUSTRAC and Privacy Commission, including various enforcement actions taken by the regulators. ASIC 1. ASIC Chairman highlights cyber-security risks: ASIC Chairman, Joe Longo gave a speech at the AFR Cyber Summit on 18 September 2023 regarding cyber risk and cyber […]
ReadmoreDefamation – what is required to establish ‘serious harm’?
The Federal Court of Australia recently handed down a decision in Selkirk v Hocking (No 2)[1] shedding light on the serious harm element of the cause of action for defamation. Background In November 2019, Ms Selkirk was convicted of multiple counts of dishonestly obtaining financial advantage by deception by using falsified receipts to return goods […]
ReadmoreFinal Report of the Review of the Public Interest Disclosure Act 2010
The highly anticipated final report from the Review of the Public Interest Disclosure Act 2010 (PID Act Review) was publicly released on 9 August 2023. A review of the PID Act was recommended as part of Professor Peter Coaldrake’s Review of Culture and Accountability in the Queensland Public Sector (the Coaldrake Report), which highlighted concerns […]
ReadmoreGadens Regulatory Recap – 19 September 2023
This edition of the Gadens’ Regulatory Recap highlights recent developments from ASIC, APRA, OAIC, ACCC, RBA and Treasury, including various enforcement actions taken by the regulators. Parliament Parliament passes FAR Bill: After almost two years in Parliament the Financial Accountability Regime Bill 2023 (FAR) has passed both houses. FAR will replace the Banking Executive Accountability Regime […]
ReadmoreGadens Regulatory Recap – 5 September 2023
This edition of the Gadens’ Regulatory Recap highlights recent developments from ASIC, APRA, OAIC, ACCC, RBA and Treasury, including various enforcement actions taken by the regulators. ASIC ASIC welcomes appointment of three Commissioners: The Australian Securities Investments Commision (ASIC) has announced the appointment of three Commissioners to further strengthen their team. The newly appointed Commissioners […]
ReadmoreGadens Regulatory Recap – 25 August 2023
This edition of the Gadens’ Regulatory Recap highlights recent developments from ASIC, APRA, AFCA, OAIC, ACCC, RBA, AUSTRAC and Treasury, including various enforcement actions taken by the regulators. ASIC ASIC extends transitional relief for 12 months for foreign financial services providers: ASIC is, again, extending transitional relief for foreign financial services providers (FFSPs) for a […]
ReadmoreGadens Regulatory Recap – 8 August 2023
This edition of the Gadens’ Regulatory Recap highlights recent developments from ASIC, APRA, AFCA, OAIC, ACCC, ATO, AUSTRAC and Treasury, including various enforcement actions taken by the regulators, and regulatory guidance relating to scams. ASIC 1. ASIC warns of further action against market misconduct: ASIC has issued a warning that the strong enforcement action relating […]
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