Anti-hawking regulations for financial services registered

On Friday 6 August 2021, Treasury registered the long-awaited anti-hawking regulations in relation to financial services, which can be found here. The Financial Sector Reform (Hayne Royal Commission Response) (Hawking of Financial Products) Regulations 2021 (Cth) operate to exempt certain conduct from the proposed anti-hawking prohibition coming into effect on 5 October 2021. Some key … Read more

FSR GPS: ‘BECOMING AWARE’ OF A SIGNIFICANT DEALING UNDER DDO

This edition of our ‘FSR GPS’ (Guidelines, Principles and Strategies) series provides some insights on the requirement to report significant dealings to ASIC under the upcoming DDO regime, which is due to come into effect on 5 October 2021. Under the DDO regime, a product issuer has an obligation to report a ‘significant dealing’ to … Read more

Draft Financial Accountability Regime legislation released for comment

On 16 July, Treasury released Exposure Draft legislation for the Financial Accountability Regime (FAR)(FAR Bill). While the FAR Bill has some similarities to the Banking Executive Accountability Regime (BEAR) in the Banking Act 1959 (Cth), there are some provisions of the FAR Bill which differ to BEAR and which raise concerns about over-regulation and uncertainty. … Read more

The Legal 500: Fintech Country Comparative Guide

Herbert Smith Freehills partners Charlotte Henry, Peter Jones and Peter Dunne, along with consultant Tony Coburn have authored the Australian chapter of The Legal 500: Fintech Country Comparative Guide – a publication which provides a pragmatic overview of the law and practice of fintech law across a variety of jurisdictions. The chapter covers topics such as payments, … Read more

Select Committee on Australia as a Technology & Financial Centre

On 19th May 2021, the Senate Select Committee on Australia as a Technology and Financial Centre published their third issues paper. This issues paper talks to one of the revised terms of reference that were added to the Committee’s terms on 18th March 2021, namely opportunities and risks in the digital asset and cryptocurrency sector. … Read more

Operational resilience in financial services regulation

Operational resilience is the next phase in the evolution of financial services regulatory policy. We approach this resilience at a conceptual level, identifying 5 elements which make up a holistic operational resilience framework: Financial resilience – capital, liquidity, prudence; People resilience – governance, accountability, culture; Structural resilience – clarity of operational and legal structures; Regulatory … Read more

2020 Global Bank Review #disruption

We are excited to launch the 2020 edition of our Global Bank Review, #disruption. While the banks sector has faced significant challenges before, the depth and breadth of Covid-19’s disruption has left banks in the position of having to brace for impact to their own businesses, whilst simultaneously demonstrating a change in culture, providing support … Read more

Proposed simplification of financial services law

On 11 September 2020, Attorney-General Christian Porter MP announced that a review of the legislative framework for corporations and financial services regulation had been referred to the Australian Law Reform Commission (ALRC). This review follows recommendations of the Banking Royal Commission, which noted that the complexity of the current regulatory regime is preventing the intent … Read more

Return of the ‘innovation nation’? The Interim Report of the FinTech and RegTech Inquiry and the path forward

This article was originally posted on the HSF Tech Hub, available here.   The Australian Senate’s Select Committee on Financial Technology and Regulatory Technology (the Committee), established in September 2019 to inquire into financial technology and regulatory technology (the Inquiry), released its Interim Report on 2 September 2020. The Inquiry’s remit, already broad in its focus on … Read more