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Submissions

Members who would like to obtain copies of AFMA submissions made prior to 2016 can contact the Secretariat Manager at secretariat@afma.com.au 

Date Title & Summary Topic Area Sent to
09-Nov-2020

Foreign Investment Reform (Protecting Australia's National Security) Bill 2020 and Foreign Acquisitions and Takeovers Fees Imposition Amendment Bill 2020 [Provisions]

AFMA made a submission to the Senate Economics Legislation Committee outlining that while supportive of national security related reforms to the foreign investment review framework, contingent interests should not be implicated in changes to the moneylending exemption.

Regulation Senate Standing Committees on Economics
06-Nov-2020

Consultation on the Data Availability and Transparency Bill 2020

AFMA made a submission to the Office of the National Data Commissioner emphasising the need for a more consistent and well-calibrated approach by Government agencies and departments to the sharing and use of data.

Regulation Office of the National Data Commissioner
02-Nov-2020

Consultation on Financial Planners and Advisers Code of Ethics Draft Guide

AFMA’s submission to FASEA highlighted several outstanding issues with the Financial Planners and Advisers Code of Ethics, including Standard 3 and the narrow focus on financial advisors, which is inappropriate for the wide range of roles that make up the retail finance landscape.

Regulation FASEA
19-Oct-2020

Interim Report on Transmission Access Reform: Updated Technical Specifications and Cost-Benefit Analysis

AFMA made a submission to the AEMC reiterating concerns about the proposed model for transmission access reform. AFMA noted that the implementation of dynamic regional pricing may have significant implications for forward contracting in electricity financial markets, which may hinder market efficiency and liquidity.

Regulation AEMC
19-Oct-2020

ESB P2025 Market Design Consultation Paper

AFMA’s submission to the ESB commented on the market design initiatives proposed under the ESB's Post-2025 Market Design project, noting that certain proposals would have a detrimental impact on financial markets if implemented.

Regulation Energy Security Board
16-Oct-2020

Industry consultation on financial products and the Personal Property Securities Act 2009

AFMA made a submission to the Attorney-General's Department consultation examining financial products and the Personal Property Securities Act 2009 (PPSA), requesting that a policy development dialogue process to be put in place to take work forward on the detailed questions posed.

Regulation Attorney General's Department
02-Oct-2020

Major reforms to the Foreign Investment Review Framework – September 2020

AFMA made a submission to Treasury outlining the operational issues arising from proposed changes to the FIRB framework, with a particular focus on the moneylending exemption changes and the implications for syndicated lending.

Regulation Treasury
01-Oct-2020

IOSCO Principles on Outsourcing

AFMA made a submission recommending IOSCO on the proposed fundamental principles on outsourcing in financial markets. AFMA noted that the updated principles are well-founded in that they are technology-agnostic and support proportionality of assessments based on the degree of materiality and criticality of the outsourced tasks.

Regulation IOSCO
25-Sep-2020

Proposed changes to modernised Economic and Financial Statistics (EFS) reporting standards and guidance

AFMA made a submission to APRA seeking further clarification on changes to EFS reporting standards and guidance.

Regulation APRA
14-Sep-2020

Protecting Critical Infrastructure and Systems of National Significance

AFMA made a submission to the Critical Infrastructure Centre, recommending a consistent whole-of-government approach to cyber-security that does not place additional cost recovery burdens on business.

Regulation Home Affairs
31-Aug-2020

Major Reforms to the Foreign Investment Framework

AFMA made a submission to Treasury on the proposed changes to the foreign investment regime, noting that foreign investment will be key to both Australia’s recovery from the severe economic impact of COVID-19 and international competitiveness going forward.

Regulation Treasury
28-Aug-2020

Engineering Registration Scheme

AFMA made a submission to the NSW Fire Safety & External Wall Cladding Taskforce of the NSW Government to raise concerns that the introduction of a registration scheme for Engineers may negatively impact AFMA members due to its broad scope of application.

Regulation NSW Government
26-Aug-2020

October Budget Submission

AFMA was pleased to lodge an October Budget submission to assist the Government in framing the 2020/21 Federal Budget. In the submission, AFMA highlighted the key contribution of Australia’s financial markets and their participants to alleviate the worst economic impacts of the COVID 19 pandemic, calling on the Government to focus on tax and regulatory settings that would both meet the needs of domestic business for high-quality and efficient financial services and also enhance Australia as a financial centre.

Taxation Treasury
25-Aug-2020

VIC DELWP Shocks to VEEC scheme market (follow up)

AFMA sent a follow up letter to the Victorian government raising concerns about the combined impact of COVID-19 and regulatory changes to the Victorian Energy efficiency scheme (VEEC) market.

Regulation VIC DELWP
29-Jul-2020

Chi-X Hybrid Listing

AFMA made a submission to the Chi-X consultation on proposed amendments to the Chi-X Operating Rules and Procedures to accommodate trading on Chi-X in hybrid securities.

Regulation Chi-X
14-Jul-2020

Breach Reporting Draft Amendments

AFMA made a submission in response to Treasury’s targeted consultation on the amended draft breach reporting legislation, reiterating that the proposed reporting of investigations lies outside the scope of implementation of the Royal Commission recommendations. AFMA expressed concern that the proposed legislation was incompatible with carefully considered and rigorous policy development.

Regulation Treasury
26-Jun-2020

Exemptions in ASIC Corporations (Derivative Transaction Reporting Exemption) Instrument 2015/844 exp

AFMA responded to a letter outlining ASIC's current intentions regarding the OTC derivative transaction reporting exemptions due to expire on 30 September 2020. While broadly supporting the proposed changes, we requested an extension to the masking relief for foreign privacy restrictions, as not extending the relief will place Reporting Entities in a position of conflict of laws between jurisdictions.

Regulation ASIC
16-Jun-2020

Corporate Bond Review

AFMA was pleased to lodge a submission to the House Standing Committee on Tax and Revenue’s Inquiry into the Development of the Australian Corporate Bond Market. This Inquiry is the latest to consider the factors that may have stymied the development of a deep and liquid corporate bond market in Australia and through the Inquiry’s Terms of Reference, focussed on specific issues such as the tax treatment of corporate bonds for both issuers and investors, impediments within the Corporations Act to developing the bond market and also comparable policy settings in other jurisdictions.

Regulation House Standing Committee on Tax and Revenue
11-Jun-2020

Five Minute Settlement Delay

AFMA's submission to the AEMC noted that the majority of AFMA's energy market members support a delay to the start date of five minute settlement, although views differ regarding the appropriate length of delay. Our members generally expect limited negative impact on financial market liquidity in electricity swaps, and perhaps an improvement in cap liquidity, given that less participants are comfortable with selling 5 minute caps compared to 30 minute caps.

Association AEMC
22-May-2020

Consumer Data Right - Issues Paper

AFMA made a submission to the Inquiry into Future Directions for the Consumer Data Right (CDR), suggesting that any expansion in CDR's conceptual scope needs to follow a thorough and independent cost-benefit analysis. We advised a market-based, industry-led approach to supported by a simplified regulatory framework, that gives space for industry coordination, secure innovation and developments in a cost-effective manner.

Regulation Treasury
27-Apr-2020

VIC DELWP - Shocks to VEEC Scheme Market

AFMA sent a letter to Victorian Government Department of Environment, Land, Water and Planning (DELWP), raising concerns about the impact of COVID-19 to the supply of Victorian Energy Efficiency Certificates, and the consequences of implementing changes to the Victorian Energy Upgrades program at this point in time. AFMA accordingly requested the VIC DELWP to consider implementing some liability relief and defer implementation of proposed policy changes to provide a smoother transition period for the market.

Regulation VIC DELWP
21-Apr-2020

ASIC CP 329 - Advice Fee Consents and Independent Disclosure

AFMA made a submission to ASIC on CP 329 noting that while the proposed legislative instruments outlining requirements for consent forms and independence disclosures are well aligned with the policy intent of the Royal Commission's recommendations, there needs to be appropriate calibration of the proposals to promote efficiency and reduce duplication.

Regulation ASIC
30-Mar-2020

AUSTRAC Interim Guidance

AFMA has engaged with AUSTRAC regarding adherence to KYC and other AML requirements due to changes in operational circumstances due to the COVID-19 pandemic. Consequent to this, AUSTRAC published guidance on the use of alternative technologies to verify identities (selfies, video calls, etc) and a rule change regarding self-attestation.

Regulation AUSTRAC
24-Mar-2020

ASIC CP 328 - Initial Public Offers

AFMA made a submission in response to ASIC CP 328 supporting the proposals to grant legislative relief for voluntary escrow arrangements and pre-prospectus communications‚ on 25 March.

Regulation ASIC
27-Feb-2020

Financial Services Royal Commission, Enhancing consumer protections and strengthening regulators

AFMA made a submission to Treasury responding to selected aspects of the draft legislation relating to Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry recommendations issued on 31 January 2020.

Regulation Treasury
27-Feb-2020

Confidentiality of data used in ADI quarterly publications and additional historical data

AFMA provided comment on APRA's proposal to determine data sources for its quarterly publications to be non-confidential.
AFMA submitted that individual entity data currently afforded protection under the APRA Act should continue to be afforded this protection, absent which publication has the potential to be of substantial detriment to the commercial interests of the affected entities.

Regulation APRA
20-Feb-2020

Stamping Fee Exemption

AFMA made a submission in response to Treasury‚Äôs  consultation on the Stamping Fee Exemption as it applies to listed investment entities. AFMA‚Äôs submission provided information to support a properly considered policy decision in respect of these products. However, our main priority is to ensure the exemption continues for other products, including Bank Hybrids, REITs, Infrastructure Issues and Shares.

Regulation Treasury
15-Feb-2020

Conflicts of interest and associated conduct risks during the debt capital raising process

AFMA comments on the consultation paper released by IOSCO on the issue of conflicts of interest in debt capital markets.
AFMA is of the view that the proposed IOSCO guidance to regulators is already generally reflected in formal law, regulatory guidance and market practice in Australia and no additional actions will be required to be in alignment with it.

Regulation IOSCO
13-Feb-2020

Financial Accountability Regime (FAR)

After discussions with Treasury and AFMA members, AFMA submitted a response to the proposed BEAR replacement, the Financial Accountability Regime (FAR). We expressed concern regarding the imposition of civil penalties of up to $1.05 million for accountable persons for licence breaches by their firm. AFMA is concerned with whether the FAR measures will necessarily produce the desired beneficial outcomes in a complex and dynamic environment, rather than lead to excessively risk adverse behaviour which dampens commercial activity.

Regulation Treasury
06-Feb-2020

Compensation Scheme of Last Resort (CSLR)

AFMA responded to the consultation on the proposed AFCA operated Compensation Scheme of Last Resort (CSLR) on 7 February.
Members will face an annual fee that could become significant in the event of a large failure of a firm, potentially in an unrelated area. AFMA has made a submission asking for a more sensible definition of small business and the use of a fairer charging methodology.

Regulation Treasury
04-Feb-2020

Corporate Criminal Responsibility

AFMA provided a response to the ALRC Discussion Paper 87 on Corporate Criminal Responsibility. AFMA is concerned that the reform proposed presents longer term increased risks of criminal and civil action for both firms and officers that would be unreasonable.  
The ALRC has since stated that they will not be proceeding with the scheme as originally proposed due to the new Financial Accountability Regime.

Regulation Australian Law Reform Commission (ALRC)
30-Jan-2020

2020-21 Pre Budget Submission

AFMA was pleased to participate in the Government's 2020/21 Budget process. Apart from a number of regulatory and tax issues that we believe ought be implemented through the budget process, we called on the Government to afford strategic priority to the policy settings that would best foster the development of the financial markets in Australia and enhance the competitiveness of the sector.

Taxation Treasury
19-Jan-2020

Financial Regulator Reform (No.2) Bill

AFMA made comment on the exposure draft of the Financial Regulator Reform (No.2) Bill implementing Royal Commission recommendations concerning the need for APRA and ASIC to cooperate. AFMA has long been a strong advocate for cooperation between ASIC and APRA and this is in the clear interest of regulated entities and compliance efficiency.

Regulation Treasury
09-Jan-2020

Financial Market Infrastructure Regulatory Reforms

AFMA comments on the consultation paper by the Council of Financial Regulators (CFR) on Financial Market Infrastructure Regulatory Reforms (CP).
AFMA said that the final proposals to the Government on regulatory reform in this area should lay out basic policy thinking on FMI at this time, explain why current regulatory arrangements are failing to the extent that justifies change to the law.

Regulation RBA
23-Dec-2019

Select Senate Committee on Financial Technology and Regulatory Technology

AFMA lodged a submission to the Committee highlighting the role of the Offshore Banking Unit regime in fostering the retention of Fintech firms in Australia.

Taxation Select Senate Committee on Financial Technology and Regulatory Technology
19-Dec-2019

Request for Guidance on matters associated with IBOR Transition

Letter from the IBOR Transformation Working Group seeking guidance from the Counsel of Financial Regulators on the supervisory expectation regarding conduct matters associated with the transition from LIBOR to RFRs. While this letter focuses on the challenges facing banks, other Australian financial institutions may be facing similar challenges.

Other Council of Financial Regulators (CoFR)
12-Dec-2019

Anti-Money Laundering and Counter-Terrorism Financing and Other Legislation Amendment Bill 2019

AFMA made a submission supporting the Bill and highlighting some areas of ambiguity/uncertainty that could be addressed by further legislative amendment prior to the Bill being passed.

Regulation Senate Legal and Constitutional Affairs Committee
08-Dec-2019

Banking, Finance and Insurance Award 2020‚ Annualised Wage Arrangements

AFMA made a submission to the Fair Work Commission seeking to find efficiencies and avoid the need for timesheets in the Annualised Wage arrangements for well remunerated staff.

Regulation Fair Work Commission
05-Dec-2019

Interest Rate Risk in the Banking Book for ADIs

AFMA comments on APRA's proposals in relation to the draft changes for Prudential Standard APS 117 Capital Adequacy: Interest Rate Risk in the Banking Book.

Regulation APRA
02-Dec-2019

ASX 24 Bond Futures Roll Consultation

AFMA response to the review by ASX of the Bond Futures Roll market structures. AFMA sought opportunities for improvements that will support the integrity and growth of the market and create savings for investors. AFMA also supported the changes to the Bills contracts, and encourages ASX to continue to review its products and rules to find market efficiencies.

Regulation ASX
27-Nov-2019

Review of the AUSTRAC Industry Contribution Levy Arrangements Issues Paper

An AFMA submission re. the AUSTRAC Industry Contribution Levy Arrangements Independent

Regulation Acacia CRE Pty Ltd
12-Nov-2019

COGATI Proposed Access Model - Discussion Paper

An AFMA submission to the AEMC on a discussion paper regarding COGATI proposed access model. We reiterated our comments made in our response to the April consultation paper. In previous submissions, and in several submissions by individual AFMA members, our key concern relates to the potential detrimental effects of the proposals on financial market liquidity. Furthermore, given that the proposed access model represents such fundamental reform if implemented, we believe the AEMC should consider implementation timing which is commensurate with the significance of the proposed change, and a detailed cost-benefit analysis of the change before a decision on implementation is made.

Regulation AEMC
31-Oct-2019

FG002 Financial Planners and Advisers Code of Ethics 2019 and Guidance

AFMA comments on the Financial Planners and Advisers Code of Ethics 2019 (Code) and FG002 Financial Planners and Advisers Code of Ethics 2019 Guidance (Guidance) as mechanisms to lift standards of professionalism across the industry.

Regulation FASEA Standards Authority
31-Oct-2019

Australia's 2020 Cyber Security Strategy

AFMA's feedback in response to the development of Australia's 2020 Cyber Security Strategy.

Regulation Department of Home Affairs - Cyber Security Policy Division
24-Oct-2019

APRA Discussion Paper: Strengthening prudential requirements for remuneration

AFMA welcomes the opportunity to make comment on APRA's proposals in relation to the draft prudential requirements for remuneration.

Regulation APRA
14-Oct-2019

Exposure Draft Consultation on Search Warrants, Access to Telecommunications Intercept Material, Lic

AFMA welcomes the opportunity to comment on the Treasury ASIC Enforcement Review Taskforce's Exposure Draft on Search Warrants, Access to Telecommunications Intercept Material, Licensing and Banning Orders.

Regulation The Treasury
04-Oct-2019

CP 322 Product intervention: OTC binary options and CFDs

AFMA comments on ASIC's proposals to exercise its product intervention power in Pt 7.9A of the Corporations Act to make certain market-wide product intervention orders relating to the issue and distribution of over-the-counter (OTC) binary options and contracts for difference (CFDs) to retail clients

Regulation ASIC
11-Sep-2019

Consultation on Amendments to Margin Requirements

AFMA comments on the consultation on Amendments to Margin Requirements set out to all APRA regulated institutions other than private health insurers.

Regulation APRA
09-Sep-2019

Consultation Paper 319: Securities lending by agents and substantial holding disclosure

AFMA welcomes the opportunity to comment on Consultation Paper 319: Securities lending by agents and substantial holding disclosure, noting that AFMA's membership includes many firms who participate in providing prime brokerage and agent securities lending services.

Regulation ASIC
30-Aug-2019

APRA Banking Executive Accountability Regime Consultation on Product Responsibility

AFMA comments on APRA's BEAR Consultation on Product Responsibility.

Regulation APRA
23-Aug-2019

ASIC CP 315 - Foreign financial services providers

AFMA responds to ASIC consultation paper 315 - Foreign Financial Service Providers.

Regulation ASIC
16-Aug-2019

Market making arrangements in the NEM - draft determination

An AFMA submission to the AEMC on a draft determination regarding market making arrangements in the NEM. AFMA is supportive of the AEMC's draft determination not to make a draft rule to introduce additional market making schemes in the national electricity market. We note also that the Commission is looking to work with relevant market bodies (including AFMA) to firstly, improve the transparency of the over-the-counter (OTC) market, and secondly, enhance the AER's powers to monitor market liquidity.

Regulation AEMC
16-Aug-2019

Consultation Paper 314: Market Integrity Rules for Technological and Operational Resilience

AFMA welcomes the opportunity to comment on Consultation Paper CP 314 Market Integrity Rules for Technological and Operational Resilience, having long been an active participant in the development of technological and operational aspects of the financial markets.

Regulation ASIC
12-Aug-2019

Australian Debt Capital Markets Management and Practice

AFMA members appreciate the opportunity to discuss Australian debt capital market (DCM) activities and practices with ASIC.

Regulation ASIC
09-Aug-2019

COAGATI Access Reform - Directions Paper

An AFMA submission to the AEMC on a directions paper regarding COGATI implementation - Access and Charging. We reiterated our comments made in our response to the April consultation paper. The introduction of dynamic regional pricing represents significant reform which has been presented as a solution without due consideration of costs and benefits of its implementation or of alternative solutions, and more detailed analysis of costs and benefits is desirable before major implementation decisions are made. It also introduces basis risk for generators who enter into hedging contracts based on the regional reference price, however may receive a different dynamic regional price.

Regulation AEMC
05-Aug-2019

CP 313 Product Intervention Power

AFMA comments on Consultation Paper 313 Product Intervention Power, which sets out proposals for regulatory guidance on the product intervention provisions in the Corporations Act flowing from the Treasury Laws Amendment (Design and Distribution Obligations and Product Intervention Act) 2019 amendments.

Regulation ASIC
17-Jul-2019

ASIC CP 312 Stub equity in control transactions

AFMA comments on ASIC Consultation Paper 312 - Stub equity in control transactions

Regulation ASIC
12-Jul-2019

Consultation on Pre-Cessation Issues for LIBOR and Certain other Interbank Offered Rates

AFMA welcomes the opportunity to make comment on the consultation concerning Pre-Cessation Issues for LIBOR and Certain other Interbank Offered Rates.

Regulation ISDA
28-Jun-2019

Guidance Note 20 Equity Derivatives Consultation - Supplementary Information

Supplementary information for AFMA's submission to the consultation on Guidance Note 20 - Equity Derivatives.

Regulation Takeovers Panel Secretariat
27-Jun-2019

AUSTRAC Industry Contribution 2019-20 - Stakeholder Consultation Paper

A submission in relation to AUSTRAC’s proposed charging model for the 2019/20 Industry Contribution.

Regulation AUSTRAC
17-Jun-2019

APRA Consultation on Proposed ARS 722.0 ABS/RBA Derivatives Data Collection

AFMA welcomes the opportunity to make comment on APRA's proposals in relation to the draft Reporting Standard 722.0 ABS/RBA Derivatives.

Regulation APRA
11-Jun-2019

ASIC Report 605 Allocations in equity raising transactions

The members of AFMA have given careful consideration to the best practices provided in ASIC Report 605: Allocations in equity raising transactions.

Regulation ASIC
31-May-2019

Guidance Note 20 Equity Derivatives Consultation

AFMA welcomes the review of Guidance Note 20 Equity Derivatives as an opportunity to increase the clarity of guidance and thereby better serve companies, bidders and the market.

Regulation Takeovers Panel Secretariat
23-May-2019

National Electricity Amendment (Short Term Forward Market) Rule 2019

An AFMA submission to the AEMC on a consultation paper regarding a suggested Short Term Forward Market. We believe that the majority of AFMA's energy market members are yet to be convinced that the benefits of an AEMO operated short term forward market as proposed would be outweighed by the costs that would necessarily need to be incurred.

Regulation AEMC
17-May-2019

CPG 234 Information Security

AFMA welcomes the opportunity to comment on APRA's consultation on Prudential Practice Guide CPG 234 Information Security.

Regulation APRA
10-May-2019

Consumer Data Right Rules Exposure Draft

AFMA welcomes the opportunity to provide comments in response to ACCC's Consumer Data Right Rules Exposure Draft consultation.

Association ACCC
06-May-2019

Proposed changes to Guidance Note 1 and Guidance Note 10 relating to business continuity and cyber r

AFMA welcomes the opportunity to provide comment on ASX's consultation paper in relation to guidance changes for clearing and settlement members relating to business continuity and cyber resilience.

Regulation ASX
02-May-2019

Consultation on Corporations Amendment (National Guarantee Fund Payments) Regulations 2019

AFMA responds to the consultation on the draft Corporations Amendment (National Guarantee Fund Payments) Regulations 2019.

Regulation The Treasury
30-Apr-2019

BEAR Variable Remuneration

AFMA responds to the consultation on the BEAR variable remuneration.

Regulation APRA
30-Apr-2019

ASX 90 Day Bank Bill Futures Contract Changes Consultation

AFMA welcomes the ASX's consultation on changes to the 90 Day Bank Bill Futures Contracts as a positive step in evolving and growing the market.

Regulation ASX
26-Apr-2019

COGATI Implementation - Access and Charging

An AFMA submission to the AEMC on a consultation paper regarding COGATI implementation - Access and Charging. The introduction of dynamic regional pricing represents significant reform which has been presented as a solution without due consideration of costs and benefits of its implementation or of alternative solutions, and more detailed analysis of costs and benefits is desirable before major implementation decisions are made. It also introduces basis risk for generators who enter into hedging contracts based on the regional reference price, however may receive a different dynamic regional price.

Regulation AEMC
18-Apr-2019

Enforceability of financial services consumer industry codes

AFMA is making comment on the Consultation Paper entitled 'Enforceability of financial services industry codes'. This takes up recommendation 1.15 of the Banking, Superannuation and Financial Services Royal Commission.

Regulation The Treasury
16-Apr-2019

APRA Capability Review

AFMA welcomes the opportunity to provide comment to the APRA Capability Review.

Regulation The Treasury
28-Feb-2019

ASX Listing Rules Update Consultation

AFMA is making comment on the Consultation Paper entitled 'Simplifying, clarifying and enhancing the integrity and efficiency of the ASX listing rules'.

Regulation ASX
05-Feb-2019

APRA Discussion Paper: Increasing the loss-absorbing capacity of ADIs to support orderly resolution

AFMA welcomes the opportunity to make comment on APRA's proposals in relation to increasing the loss-absorbing capacity of ADIs to support orderly resolution.

Association APRA
31-Jan-2019

2019-20 Pre-Budget Submission

AFMA is pleased to provide a submission to Treasury to assist in the formulation of the Government's 2019-20 Federal Budget.

Taxation The Treasury
14-Jan-2019

Markets Disciplinary Panel Regulatory Guide Consultation (CP 306)

AFMA welcomes the opportunity to make comment on Consultation Paper 306 Markets Disciplinary Panel (CP 306).

Regulation ASIC
20-Dec-2018

Review of the AUSTRAC Industry Contribution Levy Arrangements - Issues Paper

An AFMA submission re. the AUSTRAC Industry Contribution Levy Arrangements Independent

Regulation Acacia CRE Pty Ltd
13-Dec-2018

BEAR - Provision of draft accountability information by small and medium ADIs

AFMA has requested an extension of the submission deadline for information relating to the BEAR provision of draft accountability information by small and medium ADI's.

Regulation APRA
09-Dec-2018

Open Banking Provisions for further Consultation

AFMA welcomes the second round of consultation by Treasury in relation to the Exposure Draft.

Regulation The Treasury
09-Dec-2018

Consumer Data Right Rules Framework

AFMA supports the introduction of Open Banking as part of the Consumer Data Right as a way to ensure that the information customers already share with their bank can be safely shared with others they trust, and to give customers more control over their information. While AFMA would prefer a market-based and industry-led solution to deliver these outcomes, as we believe this would offer greater flexibility and lower cost, we accept the Government's conclusions about the appropriate framework and have limited our comments to refinements around the proposed approach.

Regulation ACCC
08-Dec-2018

ASIC Derivative Transaction Reporting Relief Extension

An application for continuing exemptions from certain Derivative Transaction Reporting Rules

Other ASIC
28-Nov-2018

Discussion Paper: Proposed Compliance Framework, Liquidity Management

AFMA feedback on the ATO's Discussion Paper for a proposed compliance framework re. liquidity management.

Taxation ATO
27-Nov-2018

Monthly Publication of CPI

AFMA supports the initiative of the Australian Bureau of Statistics to publish Australian inflation data as measured by the Consumer Price Index on a monthly basis rather than a quarterly basis.

Regulation Australian Bureau of Statistics
09-Nov-2018

IBOR Fallbacks for 2006 ISDA Definitions Consultation

An AFMA submission re. the consultation concerning Interbank Offered Rate (IBOR) Fallbacks for 2006 ISDA Definitions Consultation on Certain Aspects of Fallbacks for Derivatives Referencing GBP LIBOR, CHF LIBOR, JPY LIBOR, TIBOR, Euroyen TIBOR and BBSW.

Regulation ISDA
28-Oct-2018

AML-CTF Act Reform Phase 1.5

An AFMA submission on the Anti-Money Laundering and Counter-Terrorism Financing Amendment Bill 2018 Exposure Draft and the Indicative Draft AML/CTF Rules Phase 1.5 in relation to reliance and correspondent banking.

Regulation National Security and Law Enforcement Policy Division
18-Oct-2018

AFMA Response to OTC Transparency in the NEM Consultation Paper

An AFMA submission on an ESB consultation paper on OTC transparency in the NEM. We note that in order for a trade repository solution to be a preferred solution, a case must be made to prove that the benefits of a trade repository outweigh the significant cost outlay and administrative burden. As confidentiality is a key concern amongst our member firms, on balance aggregated reporting is likely to be preferable to members. Individual contract trades on an anonymised basis may not be sufficient to conceal confidential information. In addition, inclusion of specific bespoke transactions could have the potential to distort the data, and not provide any useful information value to market participants, or indeed mislead.

Regulation Energy Security Board
18-Oct-2018

AFMA Response to Market Making Requirements in the NEM

An AFMA submission on an ESB consultation paper on Market Making requirements in the NEM. A number of members have expressed a preference for a market liquidity mechanism that does not involve compulsion, noting a mechanism that provides incentives for market making would be preferred. Hence, a market participant-lead solution to provide liquidity could be considered, with a compulsory liquidity obligation as a fallback process.

Regulation Energy Security Board
28-Sep-2018

Response to discussion paper: "Revisions to the related entities framework for ADIs"

AFMA notes a number of operational concerns with some of the proposals around the related entities framework.

Regulation APRA
17-Sep-2018

Open Banking - Treasury Laws Amendment (Consumer Data Right) Bill 2018

Submission that Open Banking and the Consumer Data Right more generally propose profound changes to the banking and economic environment, and encouraging the Government not to rush consideration of these changes and risk unintended consequences. Given the types of risks associated with banking as well as business and consumer data, the investment of extra time now is the best option and could help minimize the risk of serious problems arising later. Proper consideration of the proposals requires a whole-of-government approach including with APRA, Home Affairs, ASIC, RBA and AUSTRAC combined with deep engagement with industry over an extended period and will require a consideration of prudential matters, financial system stability matters, privacy, market integrity, compatibility with money laundering and counter terrorism programs, and the potential micro- and macro-economic impact.

Regulation Treasury
17-Aug-2018

Treasury Laws Amendment (Black Economy Taskforce Measures No. 2) Bill 2018

A submission on proposed amendments to the Taxation Administration Act 1953 to bring within scope of the third-party reporting requirements payments made by entities that supply an information technology service to another entity wholly or partly for the supply of an information technology service.

Taxation The Treasury
17-Aug-2018

Treasury Laws Amendment (Black Economy Taskforce Measures No. 2) Bill 2018

Submission in relation to the proposed amendments to the Taxation Administration Act 1953 to bring within scope of the third party reporting requirements payments made by entities that supply an information technology service to another entity wholly or partly for the supply of an information technology service, noting the proposed exception for payments made to members of the same consolidated group or MEC group. AFMA suggests that the proposed exception be broadened to capture payments made to members of the same economic group, which could be done in a manner consistent with the Significant Global Entity definition  ie. by including within the exception payments made to entities that are within the same accounting consolidated group.

Regulation Treasury
15-Aug-2018

Design and Distribution Obligations and Product Intervention Power - draft legislation and explanato

Further submission on 2018 Bill reiterating the need to balance compliance cost and regulatory burden and provide greater protections to investors in relation to more complex products. In terms of capital raising it is unclear why the regime distinguishes between ordinary shares and other ordinary securities as these products are used predominantly to provide a basic economic interest in an operating business. Clarity is needed whether distribution by personal advice is carved out of the DDO framework or whether a target market determination (TMD) still has to be produced but can be limited to a statement that distribution to retail investors is via personal advice only. Other issues include concerns about a TMD being misconstrued as disclosure or advice, guidance about the form and content of a TMD, ongoing uncertainty about the reasonable steps test in relation to exchange traded products where there is no relationship between the issuer and the distributor, and a lack of standardisation in relation to record keeping obligations.

Regulation Treasury
15-Aug-2018

ASIC Consultation Paper 302 Proposed changes to capital requirements for market participants

Submission supporting adjustments the capital requirements to reflect underlying risk. Where risks cannot be efficiently calculated on a case by case basis AFMA also supports the use of proxy standard estimates as proposed in a number of cases as an appropriate balance between accuracy and efficiency. There are concerns around the difficulties of calculating cash flows out twelve months in a markets business, and the proper roles of management and boards in relation to managing liquidity risks.

Regulation ASIC
03-Aug-2018

ASIC Consultation Paper 301 Foreign Financial Service Providers

Submission supporting the continuation of the sufficient equivalence and limited connection class order regime, albeit with additional conditions on the relief, and/or a narrowing of the scope of the available relief in order for ASIC to achieve its regulatory objectives, including to strive to maintain, facilitate and improve the performance of the financial system and the entities within that system in the interests of commercial certainty, reducing business costs, and the efficiency and development of the economy. AFMA is strongly of the view that if a foreign AFSL regime is introduced, the licensing process needs to be streamlined and simple for entities that are already licensed in equivalent jurisdictions. An overly onerous application process is likely to be a significant disincentive to offshore entities obtaining a licence and providing services to Australian clients.

Regulation ASIC
02-Aug-2018

Application of CPS226 to physically settled precious metals forwards

Submission requesting APRA to allow an 'APRA covered entity' to exclude physically settled precious metals forwards from the posting and collecting of initial margin under CPS 226, due to the inconsistency between how APRA treats precious metals forwards under CPS226 and margining product capture in other G20 countries, and how this inconsistency affects the business of APRA covered entities and could lead to regulatory arbitrage and an uneven playing field between competitors in different jurisdictions.

Regulation APRA
31-Jul-2018

Joint ISDA / AFMA / GFXD Submission on 2018 Reporting Expiries

Policy submission from ISDA, AFMA and GFXD on the importance of maintaining the exemptions found in ASIC Corporations (Derivative Transaction Reporting Exemption) Instrument 2015/844

Other ASIC
31-Jul-2018

Draft amendments to Chapters 4 and 15 of the AML/CTF Rules relating to corporate customers who are c

Submission behalf of AFMA members who are intermediaries providing services to an investor directed portfolio service (IDPS), managed discretionary account (MDA) or custodian, supporting the proposed changes as the current requirement to 'look through' to the underlying beneficiaries of the custodial or depository service creates unnecessary duplication of effort and administration.

Regulation AUSTRAC
13-Jul-2018

Updates to AUSTRAC Compliance Guide re self-attestation of identity; independent review of AML/CTF p

Submission commenting on proposed changes to the requirements for review of AML/CTF programs, including the independence of the reviewer, the matters to be reviewed, the frequency of reviews and factors that might increase the frequency of review.

Regulation AUSTRAC
13-Jul-2018

International Banking Statistics Changes - Resubmissions

A response to APRA's intended adjustments to reporting standards, based on various minor changes made to the International Banking Statistics Reporting Standards.

Regulation APRA
13-Jul-2018

ESB National Energy Guarantee Draft Detailed Design Consultation Paper

Submission agreeing that a key objective of the design of the Guarantee should be to enhance the liquidity, transparency and the level of competition in the retail and wholesale electricity markets. AFMA appreciates the efforts that the ESB has made to engage with stakeholders to ensure that this is the case and urges the ESB to continue to take a flexible approach to achieving the objectives of the Guarantee.

Regulation Energy Security Board
03-Jul-2018

Consultation on proposed Australian Financial Complaints Authority (AFCA) Rules of Complaint Resolut

Submission noting that as access to the scheme is not limited to retail clients, and there is no clear carve out for non-retail clients, AFCA should closely monitor the usage of the scheme by small business to identify whether there are any issues related to access to the scheme that could be addressed through further review. All parties should have reasonable notice and opportunity to respond to systemic issues, potential significant contraventions or breaches, and preliminary assessments in relation to complaints within a timeframe that is appropriate to the complexity and circumstances of each matter. The Rules should clarify how the broad powers over remediation of systemic issues could interact with ASIC's powers in relation to remediation, and how AFCA's remit over privacy-related complaints might operate alongside the Office of the Australian Information Commissioner

Regulation AFCA
29-Jun-2018

Financial Adviser Standards and Ethics Authority - Proposed Guidance on Education Pathways for Exist

Submission urging FASEA to recognise different specialisations and advice activities, including financial markets advisers, that do not require the same skills and competencies as financial planning providers. FASEA should adopt a model that sets a minimum (but still appropriately high) standard of qualifications and competency across the sector, but allows for appropriate streaming and specialisation in addition to the minimum standards that are common to all.

Regulation FASEA
29-Jun-2018

ASIC Consultation Paper 299: Short selling - Reliefs and Orders

Submission in relation to ASIC review of existing relief from the naked short selling prohibition provided to market makers of certain exchange traded products (ETPs); the granting of legislative relief from the naked short selling prohibition in the context of corporate actions and initial public offering (IPO) sell-downs; changing the relevant time short positions are calculated; and remaking a number of class orders on short selling which are due to sunset soon after 10 years. An important aspect of ASIC's review is to consolidate all short selling relief into a single instrument, including relief that is to be remade as a result of sunsetting as well as any new or modified relief raised by the proposals.

Regulation ASIC
22-Jun-2018

AUSTRAC Industry Contribution 2018-19 - Stakeholder Consultation Paper

Submission reiterating previous concerns about industry contribution model and highlighting that only 570 of approximately 14,000 reporting entities pay the entire industry contribution. Although the forward estimates suggest that the amounts to be recovered would decrease each year until 2020-21, that has not occurred this year due to additional funding announced in MYEFO in December 2017 and there is no certainty for industry that the Government will not announce additional funding measures in the coming years.

Regulation AUSTRAC
08-Jun-2018

Proposed Financial Institutions Supervisory Levies for 2018-19

Submission noting that the proposed levies further reduce the maximum and the restricted levy rate applied to the foreign branch ADIs from one third of that for a domestic ADI to one fifth. This follows on from a reduction in the maximum and the restricted levy rate applied to foreign ADIs from one half of that for domestic ADIs to one third in FY 2017-18. The stated purpose of this change in calculation parameters is to better reflect the cost of supervision of these institutions. This approach is consistent with the position advocated by AFMA that the supervisory levies should reflect bank risks and the cost of regulation by APRA.

Regulation Treasury
07-Jun-2018

APRA Information Security Management Discussion Paper

Submission noting that information security is the primary security matter for banks and financial markets participants, and supporting the extension of the prudential standards to information security matters where it is done in a coordinated way that fits well with the other regulatory and legislative initiatives underway. There is a need to ensure there is appropriate coordination with the proposed Government requirements to open up customer data to many more firms under the Open Banking framework which applies to information customers have requested be released to third parties including non-ADI firms, as data will be transferred from entities subject to APRA's information security requirements such as in CPS 234 and CPG 235, to entities that are not.

Regulation APRA
06-Jun-2018

Reserve Bank of New Zealand Consultation Paper: Authorisations for the use of restricted words by ov

Submission supporting the need for a formal public register of authorised overseas banks conducting activities in New Zealand, and the objectives regarding clarity for consumers. However because the non-objection letters currently issued by RBNZ often cover very specific and minor activities, therefore justifying the exemption from registration for a number of entities, we recommend that obligations for and related to authorisation should continue to be managed proportionately according to an entity's level of activity in New Zealand.

Regulation RBNZ
01-Jun-2018

Financial Adviser Standards and Ethics Authority Code of Ethics for Financial Advisers - Exposure Dr

AFMA strongly supports the implementation of the professional standards for financial advisers regime and the role of FASEA in implementing the regime, but urges FASEA to adopt more specific standards that stipulate appropriate practices and rules of behaviour, in order to avoid inconsistent interpretation by code monitoring bodies and additional costs in implementation.

Regulation FASEA
23-May-2018

Cost Recovery Implementation Statement: Fees for service under the ASIC industry funding model (2018

Submission noting there is no legislative basis to charge a fee for a market integrity rule waiver as it has been omitted from the Regulations.

Regulation ASIC
04-May-2018

ASX Market Management - Consultation Paper

The industry recognises the generally very high level of ASX infrastructure "up time". When there are outages the industry is keen to ensure that any risk of damage to the reputation of Australia's markets and the confidence of users of the markets is minimised. In this regard it is critical that the session states are managed in a clear and optimised way for the market as a whole, in order to create the best outcome for the national interest.

Regulation ASX
02-May-2018

New APRA data collection solution

Submission supporting solutions that result in minimal cost and disruption to ADIs while still allowing the evolution and improvement of the system. The solution should allow or support smart submission with automatic form completion where appropriate and logical checking of data, and notification of potential errors, should be flexible and extensible, and have user-friendly features to support easy tracking and notification around submission status.

Regulation APRA
01-May-2018

Corporations (Fees) Amendment (ASIC Fees) Bill 2018 and amendments to Corporations (Fees) Regulation

Submission reiterating concerns about fees for changes to SEGC operating rules when SEGC is essentially a compensation fund, and inconsistencies between fees for market licensee and CS facility reports.

Regulation Treasury
24-Apr-2018

Further submission on Regulatory Guide 264 - Sell-side research

Submission recommending further adjustments to the guidance in relation to research analyst input to committees due to concerns about the ability of committees to have the benefit of (but not to influence) an independent research analyst's expert and personal assessment of the issuing company, before the IER is widely distributed. AFMA members also believe the restriction is out of kilter with global practices and would result in Australia being the only developed market globally which restricts committees having access to all relevant material, which includes analysts expert views.

Regulation ASIC
20-Apr-2018

Banking Executive Accountability Regime (Size of an Authorised Deposit-taking Institution) Determina

Submission recommending that the Government should adjust the thresholds for small and medium ADIs to ensure that small and medium ADIs continue to be well placed to attract and retain talent, compete, and offer a range of services and products.

Regulation Treasury
06-Apr-2018

Implementing the OECD Hybrid Mismatch Rules - Updated Exposure Draft and Draft Explanatory Memorandu

Submission supporting refinement of the proposed amendments to Part IIIB to implement the branch hybrid mismatch rules in a manner that neutralises a clear hybrid mismatch, but that the deduction would not otherwise be denied to the foreign bank branch. This could potentially be done with reference to the books and records of the branch or where the quantum of the deduction available to the branch does not exceed the amount available assuming Part IIIB did not have any application (i.e. the arm's length amount determined under Subdivision 815-C).

Taxation Treasury
28-Mar-2018

Competition in the Australian financial system

AFMA submission to the Productivity Commission inquiry draft report consultation.

Regulation Productivity Commission
22-Mar-2018

Open Banking

Submission in response to the final report into the review of open banking in Australia.

Other The Treasury
07-Mar-2018

National Energy Guarantee

Submission on draft NEG design consultation paper.

Regulation Energy Security Board
07-Mar-2018

Diverted Profits Tax

Joint industry submission in relation to the Diverted Profits Tax draft law companion ruling and draft practical compliance guideline.

Regulation ATO
10-Feb-2018

Design & Distribution Obligations and Product Intervention Power Draft Legislation and Explanatory M

Submission in relation to draft legislation.

Regulation The Treasury
01-Feb-2018

Foreign Influence Transparency Scheme Bill 2017

Supplementary submission on the FITS Bill in response to Committee questions.

Regulation Parliamentary Joint Committee on Intelligence and Security
01-Feb-2018

ASIC draft guidance on ASIC Market Integrity Rules for participants of securities markets

Submission on draft guidance in relation to securities market participants‚ management plans.

Regulation ASIC
30-Jan-2018

2018-19 Pre-Budget Submission

Submission on matters for consideration in the formulation of the FY2018-19 Budget strategy.

Taxation The Treasury
16-Jan-2018

Foreign Influence Transparency Scheme Bill 2017

Submission on the likely adverse impacts on industry bodies such as AFMA of compliance with the Bill as drafted.

Regulation Parliamentary Joint Committee on Intelligence & Security