Gadens Regulatory Recap – 4 April 2024
This edition of the Gadens Regulatory Recap highlights recent developments from ASIC, APRA, ACCC, the OAIC, and the ATO, including various enforcement actions taken by the regulators. ASIC New legislative instrument issued by ASIC extends relief for exchange traded funds: On 18 March 2024, the Australian & Investments Commission (ASIC) released new legislative instrument ASIC […]
ReadmoreFinder: ASIC to continue to pursue cases to clarify crypto regulation as the Federal Court finds that a crypto-asset is not a debenture
The Federal Court has handed down its second significant decision involving crypto assets this year. The judgment in ASIC v Finder Wallet Pty Ltd[1] (Finder) follows the recent decision in the BlockEarner case[2] and provides some further guidance for crypto-asset issuers attempting to navigate the present uncertainty around the intersection of digital assets and financial […]
ReadmoreGadens Regulatory Recap – 19 March 2024
This edition of the Gadens Regulatory Recap highlights recent developments from ASIC, APRA, ACCC, AFCA, the OAIC, and the ATO including various enforcement actions taken by the regulators. ASIC ASIC calls on insurers to improve claims handling practices: On 6 March 2024, ASIC issued a letter reminding general insurers of their obligations regarding insurance claims […]
ReadmoreBuy Now Pay Later: the shape of the new regulatory regime
Treasury has released the much anticipated draft legislation for the regulation of Buy Now Pay Later (BNPL) products and confirmed that BNPL providers should prepare to obtain a new or modified Australian Credit Licence and work through the impact of being regulated as credit providers on their businesses. Anti-avoidance protections promise to ensure there is […]
ReadmoreGadens Regulatory Recap – 5 March 2024
This edition of the Gadens Regulatory Recap highlights recent developments from ASIC, APRA, ACCC, the OAIC, and the ATO including various enforcement actions taken by the regulators. ASIC ASIC calls on industry to better respond to underperformance in choice superannuation investment portfolios: On 21 February 2024, ASIC released a report investigating how financial advisers, superannuation […]
ReadmoreGadens Regulatory Recap – 21 February 2024
This edition of the Gadens Regulatory Recap highlights recent developments from ASIC, APRA, ACCC, the OAIC, Treasury and ALRC, including various enforcement actions taken by the regulators. ASIC ASIC to crack down on predatory lending: ASIC has promised it will turn its attention to high-cost credit and predatory lending to consumers and small businesses, noting […]
ReadmoreGadens Regulatory Recap – 6 February 2024
This edition of the Gadens Regulatory Recap highlights recent developments from ASIC, APRA, ACCC, the OAIC, Treasury and ALRC, including various enforcement actions taken by the regulators. ASIC ASIC and APRA issue joint letter on delay of Financial Accountability Regime (FAR) commencement and implementation: ASIC and APRA have published a joint letter to all authorised […]
ReadmoreGadens Regulatory Recap – 23 January 2024
This edition of the Gadens Regulatory Recap highlights recent developments from ASIC, APRA, ACCC, AFCA, the OAIC, and Treasury, including various enforcement actions taken by the regulators. ASIC ASIC extends product intervention orders for short term credit and continuing credit contracts: On 5 January 2024, the Australian Securities Investments Commission (ASIC) extended its product intervention […]
ReadmoreGadens Regulatory Recap – 12 December 2023
This edition of the Gadens Regulatory Recap highlights recent developments from ASIC, APRA, ACCC, AFCA, the OAIC, and Treasury, including various enforcement actions taken by the regulators. ASIC ASIC releases guidance on the registration of financial advisers: On 28 November 2023, the Australian Securities Investments Commission (ASIC) released guidance through Information Sheets 276 and 277 […]
ReadmoreGadens Regulatory Recap – 30 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 and updates from the 2023 ASIC Annual Forum. ASIC ASIC and AFSA sign refreshed MoU: On 16 November 2023, the Australian Securities Investment Commission (ASIC) and Australian […]
ReadmoreA 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 […]
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