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ASIC's proposed competition objective
Insight 08 Jul 2014

In its submission to the Financial System Inquiry the Australian Securities and Investments Commission has proposed the addition of a statutory objective to enable ASIC to consider the impact of its decision making on competition when exercising its statutory powers and functions This paper explores ...

Allens insights: Brave new world where financial advisers work in sales
Insight 20 Aug 2014

The Senate Economics Committees Report into ASICs performance is an interesting read It opens by calling ASIC a timid hesitant regulator too ready and willing to accept uncritically the assurances of a large institution And continues in a similar vein for almost 500 pages ASIC says it does the best ...

Rethinking Australia's regulatory approach to securitisation
Insight 04 Jun 2014

The Australian securitisation market was arguably more resilient than many during the GFC However certain regulatory and structural features of the Australian securitisation market have hampered its growth and the ability of Australian issuers to tap the full potential of investor demand ...

Improving accountability and member outcomes in superannuation?
Insight 25 Jul 2017

The Federal Governments proposed new superannuation legislation imposes significant new obligations on RSE licensees and could have a material effect on shareholders The Allens Superannuation team reports on the key changes ...

Approved product lists and FoFA adviser duties
Insight 07 Aug 2017

The FoFA duties that apply to personal advice given to retail clients have been operating for over four years now. ASIC has enjoyed some recent success in the courts in cases brought on the basis of those duties. ...

OAIC concludes investigation of Australian Red Cross data breach
Insight 05 Sep 2017

OAIC concludes investigation of Australian Red Cross data breach where a one-off human error by a third party provider's employee led to a massive data breach that hit the Australian Red Cross Blood Service ...

Extraordinary new power proposed for APRA
Insight 12 Sep 2017

The proposed draft of the Financial Sector Legislation Amendment (Crisis Resolution Powers and Other Measures) Bill 2017, will be giving new powers to the APRA in relation to the authorised non-operating holding company and other related bodies corporate of APRA-regulated entities ...

Blockchain reaction update - ASIC joins chorus on ICO regulation
Insight 03 Oct 2017

While ASIC has published information on the issue of coins or tokens in initial coin offerings other regulators around the world have also been issuing guidance with some taking a much more restrictive approach Although Australia remains a relatively friendly regulatory environment for such ...

Spring overhaul of Australia's market licensing regime
Insight 04 Oct 2017

Australias market licensing regime has long been crying out for an overhaul with regulatory guidance that largely dates back to the early 2000s struggling in the face of significant developments in financial markets since then Fortunately ASIC has taken heed and is due to release an updated market ...

A Commission of Inquiry - of the Royal, not the Parliamentary, kind
Insight 19 Dec 2017

Since the announcement of the Royal Commission into ahem financial services much has been written and said - a lot of which suggests that little attention is being paid to the terms of reference In this article I take a look at those terms ...

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