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Enforcement
Australian Court Ratifies CBA’s BBSW Settlement
By Manesh Samtani | 25/06/2018
CBA will pay a $A5m penalty, A$15m to a financial consumer protection fund, and $A5m towards ASIC’s litigation and investigation costs; bank also agreed to enter into enforceable undertaking with ASIC.
Enforcement
ASIC Releases Oversight Guidance For New Financial Complaints Body
By Garima Chitkara | 21/06/2018
Newly-formed Australian Financial Complaints Authority will commence operation on 1 November 2018; new regulatory guidance provides ASIC powers of oversight, regulation and rule making over AFCA.
Enforcement
Australia Begins ‘Poor Advice’ Civil Proceedings Against Westpac
By Garima Chitkara | 18/06/2018
ASIC has begun civil proceedings against Westpac for failing to take necessary steps to ensure fair and efficient financial advice by Sudhir Sinha, a former financial advisor responsible for the breaches.
Market Infrastructure
Australia Completes Financial Benchmark Reform
By Garima Chitkara | 13/06/2018
Reform process completed with the passage of a licensing regime for financial benchmarks as well as new calculation methodology for key interbank rate.
Market Infrastructure
ASIC Consults on ‘Foreign’ AFS Licence Proposal
By Manesh Samtani | 05/06/2018
New approach would replace current mechanism of granting relief to foreign financial service providers from AFS licensing, and provide ASIC with broader range of tools to regulate the activities of foreign providers.
Enforcement
Australia Introduces Final Phase of ASIC Industry Funding Legislation
By Manesh Samtani | 28/05/2018
Final phase involves fees ASIC charges for specific activities such as licence or registration applications; industry funding model to commence 1 July 2018.
Market Infrastructure
New BBSW Calculation Methodology Takes Effect in Australia
By Garima Chitkara | 24/05/2018
Methodology based upon market transactions over longer rate-set window involving a larger number of participants, during most liquid period of bank bills market; manipulation punishable by civil, criminal penalties.
Securities / Derivatives
ASIC Consults on Relief from Naked Short Selling Prohibitions
By Garima Chitkara | 16/05/2018
ASIC proposes to grant legislative relief on naked short selling prohibitions for ETF market-making, corporate actions and IPO sell-downs.
Fintech / Regtech
IOSCO Meets to Discuss Investor Protection, Emerging Risks
By JP Reimann | 15/05/2018
Board to develop support framework to help members address impact of ICOs on investor protection; agree to launch ‘Fintech Network’ to facilitate collaboration on fintech.
Enforcement
SFC Signs Enhanced MoU on Cross Border Enforcement Cooperation
By JP Reimann | 13/05/2018
Enhanced IOSCO framework enables securities regulators to obtain and share audit working papers, telephone, internet records; compel attendance at interviews; provide guidance on freezing of assets.
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