Regulatory Updates
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26 Feb 2021 T-REX Article
ASIC may give immunity for market misconduct offences
ASIC has released an Immunity Policy for certain serious contraventions of the Corporations Act 2001, such as market manipulation, …
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26 Feb 2021 T-REX Article
APRA releases key priorities for 2021
APRA has released its key policy and supervision priorities for 2021. Among the key priorities outlined are:
- finalisation of prudential …
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26 Feb 2021 T-REX Article
Electronic signing, remote witnessing and virtual board meetings extended
Electronic signing and witnessing
Don’t put away your favourite electronic pen just yet – electronic signing for companies may be …
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26 Feb 2021 T-REX Article
Treasury’s review of AFCA
The legislation that ‘creates’ AFCA, requires the Minister to establish an independent review of AFCA’s operations and conduct.
Treasury has …
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26 Feb 2021 T-REX Article
Corporate governance takeaways from Crown casino woes
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26 Feb 2021 T-REX Article
ASIC’s agenda to improve “resilience” for 2021
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26 Feb 2021 T-REX Article
It’s final and personal: the High Court’s decision in the ASIC v Westpac saga
The High Court of Australia has given its final verdict on when the line will be crossed between the giving …
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26 Feb 2021 T-REX Article
Commissioner appointed to ALRC’s inquiry to help simplify the financial services laws
In September 2020, the Government appointed the Australian Law Reform Commission (ALRC) to review the legislative framework for …
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29 Jan 2021 T-REX Article
Section 30 and Section 33 Notices – ASIC’s Power to Compel Production of Books (T-REX Bites Featured Article)
The Australian Securities and Investments Act 2001 (Act) gives ASIC the power to issue section 30 and section 33 notices …
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29 Jan 2021 T-REX Article
Consultation
FATF survey on enhancing cross-border payments. The Financial Action Task Force (FATF) is seeking feedback from participants …
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29 Jan 2021 T-REX Article
In brief
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29 Jan 2021 T-REX Article
Trade-based money laundering risks
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29 Jan 2021 T-REX Article
New FATF reports on jurisdiction ML/TF risks
FATF has published two recent updates relating to international ML/TF and the high-risk jurisdictions that pose a risk to the …
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29 Jan 2021 T-REX Article
Mortgage broker banned
ASIC has banned Astna Shirtika Sahay from engaging in credit activities for five years after discovering that she allowed her …
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29 Jan 2021 T-REX Article
Debt management firms may need to licence up
Draft legislation has been introduced to Parliament which, if passed, will require debt management firms, that are paid to represent …
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29 Jan 2021 T-REX Article
Scam activity continues: ASIC warns of imposter bond scams
ASIC is aware of a recent increase in imposter bond investment offers targeting investors in Australia and overseas. The scam …
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29 Jan 2021 T-REX Article
Financial adviser guilty of theft
A former financial adviser, Keith Flowers (formerly known as Nigel Flowers), has been charged with and has pleaded guilty to …
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29 Jan 2021 T-REX Article
Experienced financial adviser banned for breach of best interest duty
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29 Jan 2021 T-REX Article
New insolvency reforms pass parliament
The significant reforms to Australia’s insolvency regime that we reported on in our December T-REX, came into effect on 1 …
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29 Jan 2021 T-REX Article
ASIC updates licensing kit in wake of new financial services
ASIC has amended its Licensing Kit and online AFSL application form to address the new authorisations in relation to claims …
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29 Jan 2021 T-REX Article
ASIC and IOSCO release joint report on retail market misconduct arising from COVID-19
On 23 December 2020, IOSCO’s Retail Market Conduct Task Force (RMCTF) published the Retail Market Conduct Task Force …
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29 Jan 2021 T-REX Article
AFCA rule change for regulation of authorised representatives
ASIC has introduced a new legislative instrument, ASIC Corporations (AFCA Regulatory Requirement) Instrument 2021/0002, to the definition of “representative” …
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29 Jan 2021 T-REX Article
ASIC commences civil penalty proceeding provisions against Squirrel Superannuation Services
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29 Jan 2021 T-REX Article
Court clarifies applicability of whistleblower laws
The Federal Court has considered the new whistleblower laws in a recent case, Alexiou v Australia and New Zealand Banking …
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29 Jan 2021 T-REX Article
ASIC approves new Banking Code of Practice
In December 2019, ASIC replaced the Banking Code of Practice with a revised version which applied from 1 March 2020. …
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29 Jan 2021 T-REX Article
Fresh new financial services law: first suite of legislation passed and second on its way
Nearly two years after the final Royal Commission Report was received, the Governor General signed the Financial Sector Reform (Hayne …
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29 Jan 2021 T-REX Article
Happy New Year
Welcome to 2021. We are hopeful that it will be a less tumultuous year, insofar as pandemics are concerned, but …
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