COVID-19 regulatory information
In August 2021, obÌåÓý published itsÌý, which sets out four priorities to tackle the challenges presented by COVID-19:
- Promoting economic recovery � including through better and more efficient regulation, facilitating innovation, and targeting regulatory and enforcement action to areas of greatest harm.
- Reducing risk of harm to consumers exposed to poor product governance and design, and increased investment scam activity in a low-yield environment.
- Supporting enhanced cyber resilience and cyber security among obÌåÓý’s regulated population, in line with the whole-of-government commitment to mitigating cyber security risks.
- Driving industry readiness and compliance with standards set by law reform initiatives (including the Financial Accountability Regime, reforms in superannuation and insurance, breach reporting, and the design and distribution obligations).
Information for small business
obÌåÓý hasÌýinformation to help small business operators, including how to protect your small business. It is important to think through financial decisions and seek business advice from a trusted professional adviser.
obÌåÓý also has resources for small business operators when companies areÌýexperiencing financial distressÌý´Ç°ùÌýtrading while insolvent. There are also resources toÌýÌýfrom the Australian Restructuring Insolvency and Turnaround Association (ARITA), Chartered Accountants ANZ (CA ANZ) and CPA Australia.
The Australian Government introduced furtherÌýÌýto help small businesses, which came into effect on 1 January 2021.
Ìýfor small businesses affected by COVID-19.
When making decisions about your superannuation and other investments, consider your long-term plan, take your time and seek advice to make an informed decision. Moneysmart has more information aboutÌýÌý²¹²Ô»åÌý.
If you are aware of any scams or bad behaviour, you can submit tip-offs, information of concern, and reports of misconduct via obÌåÓý’sÌýhow to complainÌý±è²¹²µ±ð.
Stay up-to-date on the latest small business information from:
- Australian Taxation Office:ÌýÌý²¹²Ô»åÌý
- state-based small business commissioners:Ìý,Ìý,ÌýÌý²¹²Ô»åÌý
- industry associations:Ìý,Ìý,ÌýÌý²¹²Ô»åÌý
- scams: Australian Competition and Consumer CommissionÌýÌýguide andÌý.
For mental health support and resources, visit:
- Ìýor phone 1800 413 828
Information for directors
Insolvent trading
In response to the COVID-19 pandemic, the Australian Government introducedÌý. This includes temporary relief for directors from personal liability for trading while insolvent.
The Australian Government has introduced furtherÌýÌýfor small businesses, which came into effect on 1 January 2021.
We encourage directors to seek independent advice from qualified advisers.
Information for market participants
obÌåÓý is working closely with exchanges and market participants to make sure the financial system is able to operate effectively and markets remain open.Ìý
We will continue to actively monitor market developments domestically and overseas and take action as appropriate.
On 7 May 2020, obÌåÓý released newÌýguidance for directors and other company insiders on share trading.
For all market-related COVID-19 updates from obÌåÓý:
Information for public companies
obÌåÓý issuedÌýguidelines for meeting upcoming annual general meetings (AGM) and financial reporting requirementsÌý²¹²Ô»åÌýguidelines for investor meetings using virtual technology.
obÌåÓý also providedÌýtemporary reliefÌýto listed companies to help them raise capital quickly by enabling certain ‘low docâ€� offers to be made to investors.
Information for insurers
obÌåÓý encourages fair and efficient insurance claims handling. obÌåÓý expects firms involved in handling insurance claims to act with the utmost good faith. obÌåÓý expects industry to communicate clearly and accurately to customers about their cover recognising the changing situation they may be facing.
obÌåÓý hasÌýwritten to insurersÌýto set out expectations in relation to claims handling, communication and flexibility to assist consumers at this time.
obÌåÓý hasÌýwritten to insurers, Lloyd’s coverholders and brokersÌýabout handling business interruption insurance claims arisingÌýfrom the COVID-19 pandemic.
As a result of regulatory relief given to Australia Post by the Government, obÌåÓý hasÌýissued a no-action positionÌýin relation to certain breaches of the Corporations Act and Corporations Regulations.
obÌåÓý setsÌýexpectations of life and general insurersÌýfollowing a review of insurersâ€� responses to consumers experiencing financial hardship during the COVID-19 pandemic.
Information for superannuation trustees
obÌåÓý is working with the Australian Prudential Regulation Authority (APRA) to provide superannuation trustees with the latest information on regulatory issues that have arisen from the COVID-19 pandemic.
- obÌåÓý and APRA joint letter
- obÌåÓý FAQsÌý²¹²Ô»åÌý
obÌåÓý has issued a temporary no-action position for superannuation trustees to expand the scope of personal advice that may be provided by, or on behalf of, the superannuation trustee as ‘intra-fund adviceâ€�.
Information for financial advisers and advice licensees
obÌåÓý is closely monitoring how market conditions are affecting the financial advice industry during the COVID-19 pandemic. We have outlined the steps we will take to reduce regulatory burden for the industry, and will provide updated information regularly.
Information for lenders
On 27 August 2020, obÌåÓý published information for lenders aboutÌýdealing with debt management firms.
APRA announced anÌýÌýon 8 July 2020. This means that lenders have the option of extending repayment deferrals for an additionalÌýfour months for borrowers that require further assistance. An extension to a repayment deferral will not be automatic and lenders will be contacting borrowers to determine what are the best options for them given their circumstances.
obÌåÓý isÌýclosely monitoring how lenders are assisting consumersÌýwho are experiencing financial difficulties due to COVID-19.
Lenders must also do all things necessary to ensure that the credit activities authorised by their licence are engaged in efficiently, honestly and fairly.
In April 2020, obÌåÓýÌýwrote to lendersÌýabout responsible lending, hardship and other matters.
In August 2020, obÌåÓý issued itsÌýexpectations ofÌýretail lenders when loan repayment deferrals end.
Note: On 25 September 2020, the Government announced proposed reforms to the responsible lending obligations contained in Chapter 3 of theÌýNational Consumer Credit Protection Act 2009. The proposed reforms will amend the obligations that apply before entry into a credit product or the provision of credit assistance. obÌåÓý’s guidance relating to the current responsible lending obligations will be reviewed and updated when the proposed reforms are finalised.
Information for responsible entities
obÌåÓý reminds responsible entities of registered managed investment schemes about their legal obligations and duties to members, and that valuations of managed fund assets should be regular, robust and reasonable. More information is available at:
- obÌåÓý letter to responsible entities of registered schemes
- Managed fund asset valuations must be reliable during COVID-19
- Fund operators
We encourage responsible entities to engage with obÌåÓý on liquidity issues and to notify obÌåÓý as soon as practicable if a scheme they operate becomes frozen. You can contact obÌåÓý by sending an email toÌý[email protected].
We have provided hardship relief so that responsible entities can allow members suffering hardship to withdraw from a ‘frozen fundâ€�: seeÌýFrozen funds â€� Information for responsible entities.
Payments, invoices and fee relief
- Industry Funding:ÌýIf you are experiencing difficulties meeting your Industry Funding obligations due to COVID-19, please contact us on (03) 5177 5252 to discuss your payment options or refer to ourÌýIndustry funding payment plansÌý¾±²Ô´Ú´Ç°ù³¾²¹³Ù¾±´Ç²Ô.
- Fee relief:ÌýIf you are experiencing difficulties meeting your obligations due to COVID-19 and need support,Ìývisit obÌåÓý’sÌýCOVID-19 reliefÌý±è²¹²µ±ð.