obÌåÓý

Regulatory tracker 2020

Items in this weekly tracker are listed in reverse chronological order.

Ìý

Week beginning 21 December 2020

Date Regulatory document Description ÌýAGLS subject
24/12/2020 RG 134 Funds management: Constitutions (updated) Technical amendments to correct paragraph numbering at paras RG 134.38 and RG 134.140. Funds management
24/12/2020 RG 3 AFS Licensing Kit: Part 3 â€� Preparing your additional proofs (reissued) Incorporates the C12 proof, Insurance Claims Handling and Settling Service Statement. The proof will help applicants prepare an application for an AFS licence (or for a licence variation) authorising them to provide an insurance claims handling and settling service. Applicants can apply from commencement of the Financial Sector Reform (Hayne Royal Commission Response) Act 2020 (commencing 1 January 2021). Financial servicesÌý
22/12/2020 REP 677 Audit inspection report: 1 July 2019 to 30 June 2020

REP 678 Audit quality measures, indicators and other information: 2019�20

See also reports on six largest audit firms:

REP 679 (BDO firms in Australia)

REP 680 (Deloitte Touche Tohmatsu Australia)

REP 681 (Ernst & Young Australia)

REP 682 (Grant Thornton Audit Pty Ltd)

REP 683 (KPMG Australia)

REP 684 (PricewaterhouseCoopers)

obÌåÓý has reported on the results from its audit firm inspections for the 12 months to 30 June 2020 and has released a supplementary report of audit quality measures, indicators and other information: see 20-336MR Financial reporting

Auditors

Ìý

Week beginning 14 December 2020

Date Regulatory document Description AGLS subject
16/12/2020 (PDF 629 KB)

(PDF 435 KB)

obÌåÓý is seeking further feedback on proposed requirements for internal dispute resolution data reporting following ´¡³§±õ°ä’s earlier consultation through Consultation Paper 311 Internal dispute resolution: Update to RG 165 (CP 311) published 15 March 2019: see 20-327MR Financial servicesÌý
16/12/2020 RG 96 Debt collection guideline: for collectors and creditors (reissued) Commonwealth consumer protection laws apply. Technical updates have been made to reflect:
  • the addition of two recent Federal Court decisions
  • the strengthening of existing penalties and the introduction of new penalties under the Treasury Laws Amendment (Strengthening Corporate and Financial Sector Penalties Act) 2019 (commenced 13 March 2019), and
  • other minor revisions such as updated references to the Office of the Australian Information Commissioner, the Australian Financial Conduct Authority and the National Energy Retail Law (which includes the Australian Energy Regulator), and included an updated authority form provided by Financial Counselling Australia.

See also (PDF 853 KB) on

Credit
15/12/2020 REP 676 Review of school banking programs Sets out the key findings from a review undertaken by obÌåÓý to determine the benefits and risks of school banking programs: see 20-324MR Consumer Insights and Communications
14/12/2020 REP 675 Default insurance in superannuation: Member value for money Shares insights from ´¡³§±õ°ä’s work on metrics for measuring the value for money that members receive from default insurance offered through superannuation: see 20-323MR Financial services

Ìý

Week beginning 7 December 2020

Date Regulatory document Description AGLS subject
11/12/2020 RG 274 Product design and distribution obligations (new)

obÌåÓý Corporations (Design and Distribution Obligations—Exchange Traded Products) Instrument

REP 674 Response to submissions on CP 325 Product design and distribution obligations

Provides guidance on design and distribution obligations passed by the Australian Parliament in 2019 requiring firms to design financial products to meet the needs of consumers, and to distribute their products in a more targeted manner: see 20-320MR Financial services
11/12/2020 RG 160 Time-sharing schemes (reissued)

obÌåÓý Corporations (Amendment) Instrument

obÌåÓý Corporations (Amendment) Instrument

Provides guidance on the existing regulation of time-sharing schemes, new requirements and updated legislative instruments: see 20-321MR Funds management
10/12/2020 RG 246 Conflicted and other banned remuneration (reissued) Technical updates to reflect:
  • the end of the grandfathering of conflicted remuneration for financial product advice from 1 January 2021

  • the extension of the ban on conflicted remuneration to stamping fees paid in relation to listed investment companies and listed investment trusts (excluding real estate investment trusts) that took effect on 1 July 2020, and

  • that the law does not prescribe a timeframe for repaying commissions that are being clawed back where a life insurance policy has been cancelled or reduced in the first two years.

See 20-318MR

Financial services

7/12/2020 obÌåÓý Corporations (Amendment and Repeal) Instrument Extends the relief in obÌåÓý Class Order [] Deferral of choice product dashboard and portfolio holdings disclosure regimes from portfolio holdings disclosure (PHD) requirements in section 1017BB(1) of the Corporations Act and repeals redundent paragraphs and definitions. It also repeals expired obÌåÓý Class Order []: see 20-315MR Financial services
7/12/2020 obÌåÓý Market Integrity Rules (Securities Markets) Determination

obÌåÓý Market Integrity Rules (Securities Markets) Repeal Instrument

Maintains obÌåÓý's policy of determining allocation of Tier 1 and Tier 2 Equity Market Products, commencing 13 January 2021.

Repealed: Determination (replaced byÌý Determination )

Financial markets

Ìý

Week beginning 30 November 2020

Date Regulatory document Description AGLS subject
3/12/2020 CP 335 Consumer remediation: Update to RG 256 Seeks feedback on the key issues obÌåÓý has identified for updating RG 256ÌýClient review and remediation conducted by advice licensees: see 20-308MR and Making it right: How to run a consumer centred remediation (PDF 2.47 MB) Financial services
30/11/2020 INFO 252 Managing conduct risk during LIBOR transition (new) Sets out practical guidance that Australian entities can adopt to manage conduct risk during the London Interbank Offered Rate (LIBOR) transition: see 20-304MR Financial markets

Ìý

Week beginning 23 November 2020

Date Regulatory document Description AGLS subject
27/11/2020 CP 334 Proposed changes to simplify the obÌåÓý Derivative Transaction Rules (Reporting): First consultation

(Word 146 KB)

Sets out obÌåÓý's first proposals to amend the obÌåÓý Derivative Transaction Rules (Reporting) 2013 made under s901A of the Corporations Act. Financial markets
27/11/2020 (PDF 644 KB)

(PDF 90 KB)

Released to give persons providing claims handling and settling services as much time as possible to consider whether they need to obtain (or vary) an AFS licence, and if so, what they will need to do, when the Financial Sector Reform (Hayne Royal Commission Response) Bill 2020 passes the Australian Parliament: see 20-300MR Financial servicesÌý
25/11/2020 INFO 129 National credit laws and book up: What you need to know (reissued)

INFO 213 Marketplace lending (peer-to-peer lending) products (reissued)

Information sheets related to consumer credit have been updated to:
  • include a note about the Australian Government’s announcement relating to proposed reforms to the responsible lending obligations contained in Ch 3 of the National Credit Act
  • remove references to transitional arrangements, and
  • reflect current obÌåÓý guidance and information.
Credit
25/11/2020 obÌåÓý Corporations (Amendment) Instrument Amends the following instruments to extend financial reporting relief to account for the ongoing impacts of the COVID-19 pandemic:
  • obÌåÓý Corporations (Exempt Proprietary Companies) Instrument
  • obÌåÓý Corporations (Wholly-owned Companies) Instrument
  • obÌåÓý Corporations (Extended Reporting and Lodgment Deadlines—Unlisted Entities) Instrument
  • obÌåÓý Corporations (Extended Reporting and Lodgment Deadlines—Listed Entities) Instrument

See 20-276MR (issued 11/11/2020)

Companies

Financial reporting

Corporate governance

COVID-19

24/11/2020 obÌåÓý (Supervisory Cost Recovery Levy—Annual Determination) Instrument

obÌåÓý (Supervisory Cost Recovery Levy—Regulatory Costs) Instrument

Specifies:
  • certain matters about size and composition of ´¡³§±õ°ä’s regulated population and of the metrics that apply to each industry sub-sector within that regulated population for the 2019-20 financial year, and
  • ´¡³§±õ°ä’s regulatory costs and their attribution to each industry sub-sector for the 2019-20 financial year.
Dealing with obÌåÓý
23/11/2020 INFO 80 How to interpret obÌåÓý insolvency statistics (reissued) Technical amendments to clarify that quarterly registered liquidator statistics include gender and years of registration; and Series 4 statistics updated.Ìý Companies

Liquidators

Ìý

Week beginning 16 November 2020

Date Regulatory document Description AGLS subject
20/11/2020 REP 673 Consumer engagement in insurance in super Presents findings from research exploring the experiences of superannuation fund members, who were not using a financial adviser and directly contacted their fund to make enquiries about or make changes to their insurance arrangements: see 20-293MR Financial services
20/11/2020 INFO 251 AFS licensing requirement for trustees of unregistered managed investment schemes (new)

RG 36 Licensing: Financial product advice and dealing (updated)

Provides guidance on the application of the exemptions in s911A(2)(a) and 911A(2)(b) of the Corporations Act to trustees issuing, varying or disposing of interests in unregistered managed investment schemes that are financial products, and notes added to RG 36 at paras RG 36.63 and RG 36.64 to refer to INFO 251. Funds management
19/11/2020 CP 333 Implementing the Royal Commission recommendations: Reference checking and information sharing

Seeks feedback on obÌåÓý's proposed approach to implementing aspects of the law reform arising from Royal Commission Recommendations 1.6 and 2.7. These recommendations relate to the reference checking and information sharing protocol for financial advisers and mortgage brokers: see 20-291MR Financial services
17/11/2020 CP 332 Promoting access to affordable advice for consumers Seeks information from financial advice industry participants and other stakeholders on impediments to the delivery of good-quality affordable personal advice, particularly access to quality 'limited advice': see 20-285MR Financial services
16/11/2020 REP 672 Buy now pay later: An industry update Sets out ´¡³§±õ°ä’s key observations about the buy now pay later industry, the experiences of consumers and recent regulatory developments: see 20-280MR Credit

Week beginning 9 November 2020

Date Regulatory document Description AGLS subject
11/11/2020 REP 671 Licensing and professional registration activities: 2020 update Annual report for AFS licensees, credit licensees, lawyers, application service providers and professionals working in financial services that are interested in the licensing and professional registration functions of obÌåÓý, inlcuding the impact of COVID-19: see 20-275MR Financial services

Credit

Funds management

COVID-19

Ìý

10/11/2020 ÌýAddendum to CP 330 Seeks further feedback on obÌåÓý's proposed use of its product intervention powers to address significant detriment in relation to continuing credit contracts: see 20-274MR, CP 330 and draft instrument Credit

Dealing with obÌåÓý

Ìý

Week beginning 26 October 2020

Date Regulatory document Description AGLS subject
30/10/2020 obÌåÓý Market Integrity Rules (Securities Markets) Class Waiver Amendment Instrument Amends obÌåÓý Market Integrity Rules (Securities Markets) Class Waiver Financial markets
27/10/2020 obÌåÓý Market Integrity Rules (Securities Markets) Class Waiver Instrument Waives Market Participants of securities markets from certain obligations in Part 2.4 of the Financial markets

Week beginning 19 October 2020

Date Regulatory document Description AGLS subject
23/10/2020 obÌåÓý Annual Report 2019â€�20 Record of ´¡³§±õ°ä’s activities and performance for 2019â€�20, including its response to the COVID-19 pandemic: see 20-255MR Dealing with obÌåÓý
23/10/2020 obÌåÓý Corporations (Product Intervention Order—Contracts for Difference) Instrument Imposes conditions on the issue and distribution of contracts for difference (CFDs) to retail clients: see (PDF 182 KB) and 20-254MR Financial services
22/10/2020 RG 6 Takeovers: Exceptions to the general prohibition (reissued)

RG 111 Content of expert reports (reissued)

Updated to formalise obÌåÓý's policy on when we will give Chapter 6 relief for share transfers under s444GA of the Corporations Act: see REP 670 and 20-253MR Takeovers
22/10/2020 INFO 101

INFO 103

INFO 104

INFO 105

INFO 109

INFO 126

INFO 128

INFO 140

INFO 146

INFO 185

(reissued)

Information sheets related to consumer credit have been updated to:
  • reflect current obÌåÓý guidance and information
  • remove references to transitional arrangements
  • update penalties information (to account for )
  • replace references to EDR schemes with AFCA, and
  • in INFO 105, clarify our guidance regarding hardship notices and variations.
Credit
22/10/2020 RG 204 Applying for and varying a credit licence (reissued) Internal dispute resolution requirements updated to reflect the release of RG 271. Licence application fees information also updated. Credit
20/10/2020 INFO 210 Unfair contract term protections for consumers (reissued)

INFO 211 Unfair contract term protections for small businesses (reissued)

Updated to provide information about how unfair contract term protections will apply to insurance contracts from 5 April 2021: see 20-248MR Financial servicesÌý

Credit

Other entities

Consumer Insights and Communications

Week beginning 12 October 2020

Date Regulatory document Description AGLS subject
16/10/2020 obÌåÓý Credit (Amendment) Instrument Amends obÌåÓý Credit (Deferral of Mortgage Broker Obligations) Instrument to extend the deferral to benefits paid in relation to credit services provided before 1 January 2021. Credit

Week beginning 28 September 2020

Date Regulatory document Description AGLS subject
29/9/2020 obÌåÓý Regulated Foreign Markets Determination (Amendment) Instrument Amends obÌåÓý Regulated Foreign Markets Determination [] to update the list of Regulated Foreign Markets. Financial markets
29/9/2020 obÌåÓý Corporations (Amendment) Instrument Amends obÌåÓý Corporations (Derivative Transaction Reporting Exemption) Instrument Financial markets
28/9/2020 RG 97 Disclosing fees and costs in PDSs and periodic statements (reissued)

obÌåÓý Corporations (Amendment) Instrument

Amended to clarify that when the total amount of administration fees and costs for a superannuation product includes an amount that applies regardless of the balance, issuers must disclose that amount separately. Financial services
28/9/2020 obÌåÓý Credit (Notice Requirements for Unlicensed Carried Over Instrument Lenders) Instrument

obÌåÓý Credit (Electronic Precontractual Disclosure) Instrument

obÌåÓý Credit (Repeal) Instrument

Remakes sunsetting Class Orders [] and [] relating to credit: see 20-225MR Credit

Week beginning 21 September 2020

Date Regulatory document Description AGLS subject
25/9/2020 obÌåÓý Corporations (Amendment) Instrument Amends obÌåÓý Corporations (COVID-19 â€� Distribution of Debit Cards) Instrument to extend the relief granted for issuance of debit cards until 31 December 2020. Financial services
24/9/2020 obÌåÓý Corporations (Stub Equity in Control Transactions) Instrument

REP 669 Response to submissions on CP 312 Stub equity in control transactions

RG 9 (reissued)

RG 60 (reissued)

Modifies the Corporations Act to prevent stub equity offers of scrip in a proprietary company being made to large numbers of retail target holders in takeover bids and schemes of arrangement: see 20-222MR Companies

Fundraising

Takeovers

22/9/2020 REP 666 obÌåÓý Enforcement Update: January to June 2020 ´¡³§±õ°ä’s overview of enforcement outcomes, priorities and cases during the period 1 January 2020 to 30 June 2020, including the impact of the COVID-19 pandemic: see 20-217MR Dealing with obÌåÓý
22/9/2020 REP 668 Allocations in debt capital market transactions Outlines findings from ´¡³§±õ°ä’s surveillance of market practices in debt capital market transactions and sets out better practice guidelines: see 20-219MR Financial servicesÌý

Financial markets

22/9/2020 obÌåÓý Corporations (Amendment) Instrument Amends obÌåÓý Corporations (Disclosure of Fees and Costs) Instrument to clarify the intended operation of an aspect of the fees and costs disclosure regime applying to superannuation products. Financial services

Week beginning 14 September 2020

Date Regulatory document Description AGLS subject
18/9/2020 obÌåÓý Corporations (Amendment) Instrument Extends the end dates for three COVID-19 related instruments applying to capital raisings and financial advice:
  • obÌåÓý Corporations (Share and Interest Purchase Plans) Instrument
  • obÌåÓý Corporations (Trading Suspensions Relief) Instrument , and
  • obÌåÓý Corporations (COVID-19 â€� Advice-related Relief) Instrument

See 20-220MR

Financial services

Fundraising

COVID-19

Ìý

Week beginning 7 September 2020

Date Regulatory document Description AGLS subject
11/9/2020 obÌåÓý Market Integrity Rules (Securities Markets) Determination

obÌåÓý Market Integrity Rules (Securities Markets) Repeal Instrument

Maintains obÌåÓý's policy of determining allocation of Tier 2 equity market products, commencing 12 October 2020.

Repealed: Determination (replaced by Determination )

Financial markets
10/9/2020 obÌåÓý Corporations and Credit (Repeal) Instrument Repeals obÌåÓý Corporations (Concept Validation Licensing Exemption) Instrument and obÌåÓý Credit (Concept Validation Licensing Exemption) Instrument : see 20-195MR, and Enhanced regulatory sandbox webpage Technology

Dealing with obÌåÓý

Week beginning 31 August 2020

Date Regulatory document Description AGLS subject
31/8/2020 obÌåÓý Corporate Plan 2020â€�2024 Outlines our five strategic priorities over the next four years to address the impact of the COVID-19 pandemic and longer term threats and harms in our regulatory environment: see 20-202MR Dealing with obÌåÓý
31/8/2020 RG 217 Duty to prevent insolvent trading: Guide for directors (reissued) Minor update to remove obsolete language relating to ‘cheques�, update the meaning of ‘external administrator� and ‘registered liquidator� in the key terms, and update pecuniary penalties to account for . Companies

Corporate governance

Ìý

Week beginning 24 August 2020

Date Regulatory document Description AGLS subject
27/8/2020 obÌåÓý Corporations (Amendment) Instrument

obÌåÓý Corporations (IPO Communications) Instrument

RG 5 (reissued)

RG 254 (reissued)

REP 667 Response to submissions on CP 328 Initial public offers: Relief for voluntary escrow arrangements and pre-prospectus communications

Relief to help reduce red tape for companies undertaking an initial public offer: see 20-198MRÌý

Amended: Class Order

Fundraising
26/8/2020 obÌåÓý Corporations (Hardship Withdrawals Relief) Instrument

INFO 249 Frozen funds � Information for responsible entities (new)

RG 136 (revised)

NOTE: INFO 159 Your investments: Frozen funds and hardship payments has been withdrawn

Provides updated guidance on new relief measures for operators of frozen funds to facilitate withdrawals by members facing financial hardship during the COVID-19 pandemic: see 20-197MR and hardship withdrawals for members of frozen funds webpage Funds management

COVID-19

25/7/2020 INFO 248 Enhanced regulatory sandbox (new)

NOTE: RG 257 has been withdrawn

Provides guidance for innovative financial businesses wanting to test their products and services under the Australian Government’s enhanced regulatory sandbox, scheduled to commence on 1 September 2020: see 20-195MR and Enhanced regulatory sandbox webpage Technology

Dealing with obÌåÓý

Ìý

Week beginning 17 August 2020

Date Regulatory document Description AGLS subject
20/7/2020 obÌåÓý Corporations (Litigation Funding Schemes) Instrument Provides exemptions to facilitate the implementation of the regulatory framework for litigation funding schemes commencing on 22 August 2020: see 20-192MR and (PDF 97KB) Funds management

Ìý

Week beginning 10 August 2020

Date Regulatory document Description AGLS subject
12/8/2020
(reissued)
Information sheets related to insolvency have been updated to ensure currency and modernise language. Companies

Corporate governance

Liquidators

Ìý

Week beginning 27 July 2020

Date Regulatory document Description AGLS subject
30/7/2020 RG 271 Internal dispute resolution (new)

REP 665 Response to submissions on CP 311 Internal dispute resolution: Update to RG 165

obÌåÓý Corporations, Credit and Superannuation (Internal Dispute Resolution) Instrument

See also:

Updated requirements for how financial firms deal with consumer and small business complaints under their internal dispute resolution (IDR) procedures: see 20-171MR and article Financial servicesÌý
29/7/2020 CP 331 Remaking obÌåÓý class orders on unlicensed COI lenders and credit disclosure obligations Sets out our proposals to remake sunsetting obÌåÓý Class Orders [] and []: see 20-170MR Credit
27/7/2020 RG 21

RG 51

RG 107

RG 126

RG 208

(reissued)

Updates to reflect that the is now the primary way to submit applications for relief and various fundraising and corporate finance documents to obÌåÓý: see news item Dealing with obÌåÓý

Ìý

Week beginning 20 July 2020

Date Regulatory document Description AGLS subject
23/7/2020 RG 97 Disclosing fees and costs in PDSs and periodic statements (reissued) Minor amendments to adjust the transitional timeframes in response to COVID-19: see 20-167MR and Financial servicesÌý

Ìý

Week beginning 13 July 2020

Date Regulatory document Description AGLS subject
14/7/2020 INFO 177 Quarterly cash equity market data release: Methodology and definitions (reissued) Minor updates to reference current obÌåÓý market integrity rules and regulatory guides, and reflect changes that we’ve made to streamline and simplify the calculation of several metrics and selection of instruments. Financial markets

Ìý

Week beginning 6 July 2020

Date Regulatory document Description AGLS subject
9/7/2020 CP 330 Using the product intervention power: Continuing credit contracts Sets out ´¡³§±õ°ä’s proposal for using our product intervention power in relation to continuing credit products: see 20-159MR Credit

Ìý

Week beginning 29 June 2020

Date Regulatory document Description AGLS subject
30/6/2020 INFO 246 Company auditor obligations under the whistleblower protection provisions (new)

INFO 247 Company officer obligations under the whistleblower protection provisions (new)

Guidance for companies and audit firms to develop arrangements for handling whistleblower disclosures that are effective and tailored to their circumstances: see news item Companies

Auditors

Financial reporting

Ìý

Week beginning 22 June 2020

Date Regulatory document Description AGLS subject
25/6/2020 obÌåÓý Corporations (Approval of Variation of March 2020 Banking Code of Practice) Instrument Variation of the Banking Code of Practice inserting a Special Note to allow for special application of Code provisions during COVID-19 until March 2021: see 20-148MR Financial services
25/6/2020 obÌåÓý Corporations, Superannuation and Credit (Amendment) Instrument Amends the obÌåÓý Corporations, Credit and Superannuation (Internal Dispute Resolutionâ€� Transitional) Instrument to preserve obÌåÓý's existing internal dispute resolution policy in relation to complaints received by financial firms before 5 October 2021. Financial servicesÌý

Credit

24/6/2020 RG 273 Mortgage brokers: Best interests duty (new) Guide for mortgage brokers and other relevant Australian credit licensees explaining what obÌåÓý looks for when we assess compliance with the best interests obligations in Pt in Pt 3-5A of the National Credit Act which commence on 1 January 2021: see 20-146MR and REP 662 Credit
24/6/2020 obÌåÓý Corporations (COVID-19 Email Lodgement Service—obÌåÓý Corporations (Wholly-owned Companies) Instrument 2016/785) Instrument Facilitates the electronic signing and lodgement of documents under obÌåÓý Corporations (Wholly-owned Companies) Instrument during COVID-19: see INFO 24 Companies

Financial reporting

23/6/2020 REP 664 Overview of decisions on relief applications (October 2019 to March 2020) Outlines some of our decisions on relief applications from 1 October 2019 to 31 March 2020, summarising examples of situations where we have exercised, or refused to exercise, ´¡³§±õ°ä’s exemption and modification powers: see 20-144MR Financial servicesÌý

Credit

Dealing with obÌåÓý

Ìý

Week beginning 15 June 2020

Date Regulatory document Description AGLS subject
19/6/2020 REP 663 Regulator Performance Framework: obÌåÓý self-assessment 2018â€�19 The Regulator Performance Framework provides a set of six common key performance indicators (KPIs) for Australian Government regulators.
This report sets out our self-assessment of ´¡³§±õ°ä’s performance in 2018â€�19 against the KPIs.
Dealing with obÌåÓý
19/6/2020 RG 58 Reporting by registered foreign companies and Australian companies with foreign shareholders (reissued)

RG 115 Audit relief for proprietary companies (reissued)

Minor updates to reflect the revised definition of a large proprietary company. Companies

Other entities

Auditors

Financial reporting

19/6/2020 RG 261 Crowd-sourced funding: Guide for companies (reissued) Minor update to reflect the revised definition of a large proprietary company and an increase in the maximum number of penalty units for directors who do not do everything reasonably necessary to appoint an auditor. Financial servicesÌý

Companies

Fundraising

18/6/2020 obÌåÓý Market Integrity Rules (Securities Markets) Class Waiver Amendment Instrument Amends obÌåÓý Market Integrity Rules (Securities Markets) Class Waiver to extend the operation by an additional 19 months. Financial markets
17/6/2020 RG 272 Product intervention power (new) Provides an overview of obÌåÓý's product intervention power and explains:
  • the scope of the power;
  • when and how obÌåÓý may exercise the power to make a product intervention order; and
  • how a product intervention order is made.

See 20-139MR and REP 661

Financial services

Ìý

Week beginning 8 June 2020

Date Regulatory document Description AGLS subject
12/6/2020 Draft Cost Recovery Implementation Statement 2019-20 Provides an estimate of ´¡³§±õ°ä’s regulatory costs for 2019-20, to give industry an indication of what levy costs to expect when actual regulatory costs are published in December 2020, with invoices issued in January 2021.

Also details ´¡³§±õ°ä’s actual regulatory costs for 2018-19.

This draft CRIS is open for feedback until 24 July 2020: see 20-134MR

Dealing with obÌåÓý
12/6/2020 INFO 245 Board oversight of executive variable pay decisions during the COVID-19 pandemic (new) Released to assist boards and remuneration committees of listed companies to navigate decisions on executive variable pay in the context of COVID-19: see 20-133MR Companies

Corporate governance

COVID-19

11/6/2020 obÌåÓý Corporations (Amendment) Instrument Specifies an end date for three COVID-19 related instruments relating to capital raisings and financial advice:
  • obÌåÓý Corporations (Share and Interest Purchase Plans) Instrument
  • obÌåÓý Corporations (Trading Suspensions Relief) Instrument , and
  • obÌåÓý Corporations (COVID-19 â€� Advice-related Relief) Instrument

See 20-135MR

Financial services

Australian companies

Financial reporting

Fundraising

11/6/2020 ´¡³§±õ°ä’s and updated work program Sets out five targeted, strategic priorities to address COVID-19 related challenges and updates ´¡³§±õ°ä’s revised work program for this period. Dealing with obÌåÓý

Week beginning 1 June 2020

Date Regulatory document Description AGLS subject
4/6/2020 obÌåÓý Market Integrity Rules (Securities Markets) Determination

obÌåÓý Market Integrity Rules (Securities Markets) Repeal Instrument

Maintains ´¡³§±õ°ä’s policy of determining the allocation of Equity Market Products to tiers, commencing 6 July 2020.

Repealed: Determination (replaced byÌý Determination )

Financial markets

Ìý

Week beginning 18 May 2020

Date Regulatory document Description AGLS subject
22/5/2020 obÌåÓý Corporations (Deferral of Design and Distribution Obligations) Instrument

obÌåÓý Credit (Deferral of Mortgage Broker Obligations) Instrument

Relief deferring the commencement date of the mortgage broker best interest duty and remuneration reforms, and the design and distribution obligations, for six months due to the impact of COVID-19: see 20-109MR Financial services

Credit

Ìý

Week beginning 11 May 2020

Date Regulatory document Description AGLS subject
15/5/2020 obÌåÓý Corporations (Extended Reporting and Lodgment Deadlines—Listed Entities) Instrument

obÌåÓý Corporations (Amendment) Instrument

Relief to assist listed and unlisted entities affected by the impacts of COVID-19 by enabling them more time to report and have audits: see 20-113MR

Amended:

  • Instrument
  • Instrument
  • Instrument
  • Instrument
Companies

Financial reporting

COVID-19

Ìý

Week beginning 4 May 2020

Date Regulatory document Description AGLS subject
7/5/2020 obÌåÓý Corporations (AFCA Regulatory Requirement) Instrument Imposes additional conditions on the AFCA scheme relating to 'SMEG Loans' and repayment deferrals for business loans impacted by COVID-19. Financial servicesÌý
6/5/2020 (PDF 530 KB) Outlines early observations by obÌåÓý on trading in securities and contracts for difference (CFDs) during the volatility caused by the COVID-19 pandemic: see 20-102MR Financial services

COVID-19

4/5/2020 Instrument 20-0430 Six month conditional relief granted to Macquarie Bank and related entities from the requirement to give customers Form 11A direct debit default notices under s 87 of the National Credit Code, while it sends modified communication and relaxes collection and enforcement processes as a result of COVID-19. Credit

Week beginning 27 April 2020

Date Regulatory document Description AGLS subject
24/4/2020 obÌåÓý Corporations (COVID-19 â€� Distribution of Debit Cards) Instrument Relief to allow the distribution of debit cards to existing customers without debit cards â€� including vulnerable and elderly consumers â€� in response to COVID-19. Financial services

COVID-19

22/4/2020 obÌåÓý Corporations (Extended Reporting and Lodgment Deadlines—Unlisted Entities) Instrument

obÌåÓý Corporations (Amendment) Instrument

Relief extending the deadline for unlisted entities to lodge financial reports by one month for balance dates from 31 December 2019 to 31 March 2020 to account for possible impacts of COVID-19: see 20-084MR

Amended: Instrument

Companies

Financial reporting

20/4/2020 REP 659 obÌåÓý regulation of corporate finance: July to December 2019 Twelfth and final report on obÌåÓý's oversight of corporate finance activity covering 1 July 2019 to 31 December 2019. To be replaced by quarterly newsletters: see 20-093MR Australian companies

Corporate governance

Fundraising

Ìý

Week beginning 14 April 2020

Date Regulatory document Description AGLS subject
14/4/2020 INFO 230 Exchange traded products: Admission guidelines (reissued) Updated to:
  • outline measures firms should take to manage market integrity risks associated with internal market making
  • provide guidance on improving internal marking making practices, and
  • make peripheral updates to reflect recent changes in the market.

See 20-088MR and 19-348MR

Financial services

Financial markets

14/4/2020 obÌåÓý Corporations (COVID-19—Advice-related Relief) Instrument Prescribes relief measures to facilitate affordable and quality financial advice during the COVID-19 pandemic: see 20-085MR and no-action position for superannuation trustees. Financial services
14/4/2020 REP 658 obÌåÓý regulation of registered liquidators: July 2018 to June 2019 Eighth overview of ´¡³§±õ°ä’s regulation of registered liquidators covering 1 July 2018 to 30 June 2019. Liquidators

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Week beginning 6 April 2020

Date Regulatory document Description AGLS subject
9/4/2020 REP 657 Survey of crowd-sourced funding intermediaries: 2018â€�19 Outlines the findings from ´¡³§±õ°ä’s second crowd-sourced funding (CSF) industry survey covering 1 July 2018 to 30 June 2019. Financial servicesÌý

Fundraising

Ìý

Week beginning 30 March 2020

Date Regulatory document Description AGLS subject
1/4/2020 Reissued regulatory guides:

Reissued information sheets:

New information sheet:

Other documents:

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New and updated regulatory guidance to reflect:
  • amendments made by the Stronger Regulators Act, which commenced on 18 February 2020, including the extension of the fit and proper person test for credit licensees and the introduction of such a test for AFS licensees,
  • the implementation of a modified AFS licensing regime for foreign financial services providers, which commenced on 1 April 2020 with a two-year transition period (see 20-058MR), and
  • the introduction of general conduct obligation penalties for AFS licensees and credit licensees made by the Treasury Laws Amendment (Strengthening Corporate and Financial Sector Penalties) Act 2019.
Financial services

Credit

31/3/2020 INFO 243 Licensing requirements for providers of funeral expenses facilities (new) Guidance on AFS licensing requirements applying from 1 April 2020: see 20-076MR Financial services
31/3/2020 obÌåÓý Corporations (Trading Suspensions Relief) Instrument

obÌåÓý Corporations (Amendment) Instrument

Temporary relief to facilitate 'low doc' capital raisings during COVID-19: see 20-075MR Fundraising

COVID-19

30-31/3/2020 RG 16 External administrators - Reporting and lodging (reissued)

RG 34 Auditor’s obligations: Reporting to obÌåÓý (reissued)

RG 78 Breach reporting by AFS licensees (reissued)

RG 109 Assetless Administration Fund: Funding criteria and guidelines (reissued)

INFO 29 External administration, controller appointments and schemes of arrangement - most commonly lodged forms (flowcharts 1, 2, 5, 8 and 9) (reissued)

Minor technical updates for enhancements which replace existing channels:
  • registered company auditors and AFS licensees will now submit breach reports via the portal, and
  • registered liquidators can now submit a range of regulatory reports and requests through the portal.
Dealing with obÌåÓý

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Week beginning 23 March 2020

Date Regulatory document Description AGLS subject
26/3/2020 obÌåÓý Corporations (Amendment) Instrument Amends Instrument Financial markets
24/3/2020 INFO 157 Foreign financial services providers: Practical guidance on transitional arrangements (reissued) Minor amendments to requirements for lodging and certification of documents in support of applications for equivalence relief Financial services

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Week beginning 16 March 2020

Date Regulatory document Description AGLS subject
20/3/2020 obÌåÓý Corporations (Amendment) Instrument Amends Instrument Financial markets
18/3/2020 obÌåÓý Market Integrity Rules (Futures Markets) Class Waiver Amendment Instrument Extends Class Waiver until 18/3/2022 Financial markets
17/3/2020 RG 251 Derivative transaction reporting (reissued) Guidance updated for minor Brexit-related changes Financial markets

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Week beginning 9 March 2020

Date Regulatory document Description AGLS subject
10/3/2020 RG 176 Foreign financial services providers (reissued)

REP 656ÌýResponse to submissions on CP 301 and CP 315 on foreign financial services providers

INFO 157 Foreign financial services providers: Practical guidance on transitional arrangements (reissued 13/3/2020)

Updated for the introduction of ´¡³§±õ°ä’s new regulatory framework for FFSPs: see 20-058MR and Instruments , and Financial services
10/3/2020 CP 329 Implementing the Royal Commission recommendations: Advice fee consents and independence disclosure

: Draft instrument (PDF 86)

: Draft instrument (PDF 75)

: Draft instrument (PDF 71)

See 20-056MR Financial services

Week beginning 2 March 2020

Date Regulatory document Description AGLS subject
4/3/2020 obÌåÓý Market Integrity Rules (Securities Markets) Determination

obÌåÓý Market Integrity Rules (Securities Markets) Repeal Instrument

Maintains obÌåÓý's policy of determining the allocation of Equity Market Products to tiers, commencing 3 April 2020.

Repealed: Determination (replaced by Determination )

Financial markets
2/3/2020 INFO 242 ´¡³§±õ°ä’s document production guidelines (new) Overview of ´¡³§±õ°ä’s new document production guidelines. See 20-051MR and INFO 145 Dealing with obÌåÓý

Week beginning 24 February 2020

Date Regulatory document Description AGLS subject
26/2/2020 obÌåÓý has provided its latest six monthly update on ´¡³§±õ°ä’s enforcement and regulatory work since September 2019: see 20-034MR Dealing with obÌåÓý
24/2/2020 CP 328 Initial public offers: Relief for voluntary escrow arrangements and pre-prospectus communications Sets out our proposals to grant legislative relief for:
  • voluntary escrow arrangements requested by public companies, professional underwriters and lead managers in connection with an IPO; and
  • companiesâ€� communications to employees and security holders about an IPO before the company lodges a disclosure document: see 20-044MR
Companies

Fundraising

24/2/2020 obÌåÓý Credit (Amendment) Instrument Amends Class Order [] Extension of transitional credit hardship provisions to extend the relief granted by a further two-year period until 1 March 2022 Credit

Week beginning 17 February 2020

Date Regulatory document Description AGLS subject
20/2/2020 CP 327 Implementing the Royal Commission recommendations: Mortgage brokers and the best interests duty

: Draft regulatory guide (PDF 1.5 MB)

Sets out ´¡³§±õ°ä’s proposals for guidance on reforms relating to mortgage brokers, including a best interests duty and the conflict priority rule: see 20-040MR Credit

Ìý

Week beginning 10 February 2020

Date Regulatory document Description AGLS subject
14/2/2020 obÌåÓý and the Australian Prudential Regulation Authority (APRA) have jointly welcomed proposed legislative reforms that will increase the regulatory role of obÌåÓý in superannuation.
obÌåÓý and APRA have issued a joint letter to superannuation trustees about how regulatory oversight will operate, assuming the reforms become law: see 20-034MR
Financial services
12/2/2020 REP 655 Review of member communications: Protecting Your Superannuation Package (PYSP) reforms Details our review of trustee communications to superannuation fund members in relation to the Treasury Laws Amendment (Protecting Your Superannuation Package) Act 2019 (PYSP Act). It outlines our expectations about trustees' future communications to members and contributes to ´¡³§±õ°ä’s ongoing body of work in relation to insurance in superannuation: see 20-030MR Financial services

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Week beginning 3 February 2020

Date Regulatory document Description AGLS subject
3/2/2020 REP 654 Overview of decisions on relief applications (April 2019 to September 2019) Outlines some of our decisions on relief applications during the period from 1 April 2019 to 30 September 2019 (report period). It summarises examples of situations where we have exercised, or refused to exercise, obÌåÓý's exemption and modification powers from the financial reporting, managed investment, takeovers, fundraising or financial services provisions of the Corporations Act and the National Credit Act.

It also refers to a number of publications issued by obÌåÓý during the report period that may be relevant to prospective applicants for relief, including any relevant legislative instruments, consultation papers, regulatory guides and reports: see 20-018MR
Dealing with obÌåÓý

Ìý

Week beginning 13 January 2020

Date Regulatory document Description AGLS subject
16/1/2020 CP 326 Chapter 6 relief for share transfers using s444GA of the Corporations Act obÌåÓý is consulting on a proposal to formalise its policy on share transfers made under s444GA. obÌåÓý will seek public input on the proposal until Tuesday 28 February 2020. Takeovers

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Week beginning 6 January 2020

Date Regulatory document Description AGLS subject
9/1/2020 INFO 229 Limited AFS licensees: Complying with your licensing obligations (reissued) Technical amendments to sections on training, education and ethics; the Financial Advisers Register; and dispute resolution to account for the application of professional standards to financial advisers (relevant providers) who provide personal advice on relevant financial products to retail clients and the introduction of AFCA. Financial services

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Week beginning 1 January 2020

Date Regulatory document Description AGLS subject
17/1/2020 obÌåÓý Credit (Litigation Funding—Exclusion) Instrument

obÌåÓý Corporations (Conditional Costs Schemes) Instrument

Provide relief to enable the temporary operation of a litigation funding arrangement, and a proof of debt funding arrangement, without compliance with the requirements of the Corporations Act or National Credit Protection Act until 31 January 2023. Funds management

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Last updated: 02/11/2023 05:25