Gadens 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 […]
ReadmoreASIC commences proceedings against Vanguard Investments
Further to our series of articles on ESG, on 24 July 2023 ASIC commenced proceedings seeking declarations, pecuniary penalties and adverse publicity orders against Vanguard Investments Australia Ltd (Vanguard) alleging misleading conduct in relation to claims about the applicability of environmental, social and governance (ESG) criteria applied to investments in an investment fund offered by […]
ReadmoreGadens Regulatory Recap – 25 July 2023
This edition of the Gadens’ Regulatory Recap highlights recent developments from ASIC, APRA, AUSTRAC, ACCC, ATO and Treasury, including important FAR updates and details on regulation of AI and treatment of high-risk crypto exchanges. ASIC ASIC’s greenwashing antidote of transparency and meaningful disclosure: From June 2022 to March 2023, the Australian Securities and Investments Commission […]
ReadmoreTarget market determinations and ASIC stop orders
The appropriateness of Design and Distribution Obligations (DDOs) is now a priority for ASIC in regulating the disclosure of information about financial products to protect consumers (ie investors). In this article, we provide practical advice on how to adopt a consumer-centric approach in preparing Target Market Determinations (TMDs) that provide adequate levels of disclosure to […]
ReadmoreGadens Regulatory Recap – 12 July 2023
This edition of the Gadens’ Regulatory Recap highlights recent developments from ASIC, APRA, AUSTRAC, ACCC and Treasury, and updates on measures including the climate-related financial disclosure regime, de-banking, the ALRC Interim Report C on financial services legislation, and a FAR update. ASIC ASIC warns super trustees to consolidate duplicate member accounts: On 29 June 2023, […]
ReadmoreGadens Regulatory Recap – 27 June 2023
This edition of the Gadens’ Regulatory Recap considers a series of updates from ASIC, APRA, AUSTRAC, ACMA and Treasury exploring a number of significant policy and legislative updates, as well as details on the latest enforcement actions being taken by the regulators. ASIC ASIC invites entities to assess their cyber resilience: ASIC has invited ASIC-regulated […]
ReadmoreAustralian Payments Systems reform – Seven proposed Payment Functions to replace non-cash licensing regime
As part of the Government’s ambitious Strategic Plan for Australia’s Payments System unveiled this month, Treasury also published the Payment System Modernisation (Licensing: Defining Payment Functions) Consultation paper (Consultation Paper). The Consultation Paper invites feedback on the proposed list of defined Payment Functions that would be regulated under the new licensing framework proposed under the […]
ReadmoreFutureproofing Australia’s Payment System: Unveiling the Government’s Strategic Plan
The Australian Government has released its Strategic Plan for Australia’s Payments System (Strategic Plan). The Strategic Plan follows on from the Treasury’s Consultation Paper released in December 2022 and outlines a raft of proposed legislative and policy changes to the current payments system regulatory framework. The foreshadowed changes are significant and far-reaching and are aimed […]
ReadmoreMore work to do – Inquiry into Banks dealing with deceased estates
On 9 June 2023, the Banking Code Compliance Committee (BCCC) handed down its report on the management of deceased estates under the Banking Code of Practice (BCOP) by the banks. The BCCC’s report is aimed at helping banks to improve their practices and pursue better compliance with BCOP obligations. In turn, it is hoped that […]
Readmore
