Planning for regulatory change: the next 6 months

This year all parts of the financial services sector have been affected by change: from banking and lending to payment services, financial advice, insurance, and superannuation.

There has been an increase in the businesses that require a licence (insurance claims handlers and debt management firms) as well as an increase in the obligations of financial services licensees, credit licensees, and responsible superannuation entities.

In October we’ll see changes to the breach reporting regime, as well as the requirement for reference checking for mortgage brokers and financial advisers and the requirement to notify clients of suspected misconduct.

This will go hand in hand with the new product design and distribution obligations, as well as changes to internal dispute resolution.

Here’s a timeline.

July 1, 2021

Mandatory credit reporting

Changes commence

July 1, 2021
July 1, 2021

General Insurance
Code of Practice

changes commence

July 1, 2021
July 1, 2021

Financial advice
regulation

ongoing fee arrangements

July 1, 2021
July 1, 2021

Superannuation governance

New duties of RSE licensees

July 1, 2021
July 1, 2021

Debt management


credit licensing

July 1, 2021
July 1, 2021

Open banking

CDR for phase 1 products

July 1, 2021
October 1, 2021

Financial services and credit licensees

changes to the breach
reporting regime

October 1, 2021
October 1, 2021

Financial services and credit licensees

reference checking
for mortgage brokers
and financial advisers

October 1, 2021
October 1, 2021

Financial services and credit licensees

notify clients of
suspected misconduct

October 1, 2021
October 5, 2021

Product design
and distribution
obligations

changes commence

October 5, 2021
October 5, 2021

Internal
dispute resolution

Changes commence: ASIC RG 271

October 5, 2021
October 5, 2021

Add on insurance

Deferred sales model
commences

October 5, 2021
October 5, 2021

Marketing

No hawking of
financial products

October 5, 2021
November 1, 2021

Director Identification Numbers

Transition starts before commencement on 12 June 2022

November 1, 2021

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David Jacobson

Author: David Jacobson
Principal, Bright Corporate Law
Email:
About David Jacobson
The information contained in this article is not legal advice. It is not to be relied upon as a full statement of the law. You should seek professional advice for your specific needs and circumstances before acting or relying on any of the content.

 

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