In the media
Industry funds refuse to fund planner complaints
Industry superannuation funds should not be required to
cross-subsidise financial planners and others who appear before the
newly-constituted Australian Financial Complaints Authority
(AFCA), according to the Australian Institute of
Superannuation Trustees (AIST) (26 July 2018).
More...
Industry funding for new dispute body must avoid cross
subsidisation
Funding for the newly-established Australian Financial
Complaints Authority (AFCA) must avoid cross
subsidisation by stakeholders, including super funds, The
Australian Institute of Superannuation Trustees
(AIST) has warned (26 July 2018).
More...
RC paper notes 'unspecified' industry fund
expenses
A Royal Commission background paper has noted the 'relatively
high proportion' of industry fund expenses are not specifically
detailed in publicly available data from the Australian Prudential
Regulation Authority (APRA) (25 July 2018).
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External report on fees and costs disclosure welcomed by
ASIC
ASIC has released the external report into Regulatory
Guide 97 Fees and costs disclosure (RG 97)
commissioned in November 2017. The report, prepared by expert
Darren McShane, concludes changes to the disclosure regime would be
advantageous (24 July 2018).
More...
FSC welcomes release of external report on
RG97
The Financial Services Council (FSC) welcomes the
release by ASIC of an external report in relation to fees and costs
disclosure in the superannuation and funds management industry (24
July 2018).
More...
Industry Super welcomes complex and detailed expert
review of RG97
Darren McShane's detailed review of fees and costs
disclosure, and ASIC's regulatory guidance, is a thorough and
considered study of a complex area, says Industry Super Australia
(24 July 2018).
More...
Royal commission reveals fifth round topics
The Royal Commission into Misconduct in the Banking,
Superannuation and Financial Services Industry has announced the
topics for its fifth round of public hearings, which will focus on
superannuation (23 July 2018).
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Super insurance deadline 'unachievable':
APR
APRA has labelled the government's start date for
changes to default super arrangements as "unachievable",
backing calls for an additional year. Appearing before the Senate
Economics Legislation Committee, APRA deputy chair Helen Rowell
said the current start date for changes to insurance in default
super will have "unintended consequences" (23 July 2018).
More...
Super industry-led governance body needed
The Governance Institute of Australia has pushed back
against the Productivity Commission's suggestion to impose
extra regulation around the board governance of superannuation
funds, calling instead for the creation of an industry-led body to
develop such guidance (19 July 2018).
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Published – articles, papers, reports
Review of ASIC Regulatory Guide 97: Disclosing fees and
costs in PDSs and periodic statements
Darren McShane; Australian Securities and Investments
Commission: 24 July 2018
This report has been prepared by Darren McShane, at the
request of the ASIC, following its announcement of an external
expert review of Regulatory Guide 97, Disclosing fees and costs in
PDSs and periodic statements (RG 97).
More...
Consumer interactions with the superannuation industry:
background paper 22
Royal Commission into Misconduct in the Banking,
Superannuation and Financial Services Industry: 24 July 2018
This paper considers the superannuation system from the
consumer (or member) perspective, discussing how a consumer enters
the superannuation market, interacts with superannuation fund
trustees and accesses their superannuation at retirement. More...
Overview of key regulatory reforms in superannuation:
background paper 23
Department of the Treasury (Australia); Royal
Commission into Misconduct in the Banking, Superannuation and
Financial Services Industry: 24 July 2018
This paper provides a summary of major financial system
reforms over the past twenty-five years, focussing primarily on
regulatory reforms affecting superannuation funds. More...
In practice and courts
Treasury Laws Amendment (Protecting Your Superannuation
Package) Bill 2018 [Provisions]
Status: Submissions Closed. Date Referred: 21 June 2018
Reporting Date: 13 August 2018
APRA: Opening Statement - Senate Economics Legislation
Committee
Helen Rowell Deputy Chairman - Appearance before Senate
Economics Legislation Committee - Public hearing on Treasury Laws
Amendment (Protecting Your Superannuation Package) Bill 2018 (20
July 2018).
More...
Second tranche of the Treasury Laws Amendment (Corporate
Collective Investment Vehicle) Bill 2018 (CCIV Bill):
Consultation
The second tranche of the CCIV Bill covers: External
administration of a CCIV in a winding up situation; The application
of the Chapter 7 financial services regime to CCIVs and The
liability of the corporate director of a CCIV for contraventions of
the law by the CCIV. Stakeholders are invited to lodge submissions
online via the
Treasury website. Submissions conclude on 10 August (19 July
2018).
Draft amendments to Chapters 4 and 15 of the AML/CTF
Rules
These amendments exempt reporting entities from certain
identification requirements in Chapter 4 and Chapter 15 of the
AML/CTF Rules, for customers that are 'custodians'. The
definition of 'custodian' in new paragraph 4.4.19(1) limits
the exemption to corporate custodians, rather than individuals who
provide custodial or depository services. The second public
consultation period for these amendments closed on 31 July 2018. More...
APRA: Review of the superannuation prudential
framework
The aim of the review is to ensure the prudential and
reporting standards, and related guidance, have achieved their
objectives and continue to remain fit for purpose. To commence this
review, APRA has released the first of a series of consultation
papers on aspects of the prudential framework. APRA invites written
submissions on all consultation papers by 26 September 2018. Copies
of the
consultation papers are available on APRA's website.
More...
Legislation
Commonwealth
Treasury Laws Amendment (Corporate Collective Investment
Vehicle) Bill 2018
19/07/2018 – Exposure Draft - The Tranche 2 Exposure
Bill provides for further aspects of the regulatory framework for
CCIVs, building on the Tranche 1 Exposure Bill that was released
for consultation on 13 June 2018. This
chapter of the explanatory materials for the Tranche 2 Exposure
Bill provides an overview of these further aspects.
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.