CH3-The Regulatory and Legal Environment Flashcards
in which year did the RBA become the Australian central bank?
14 January 1960
In which year was the Better Banking program launched?
January 2017
In which year was the New Payments Platform launched?
February 2018
What are the three objectives of regulation in the financial services?
1) RIGHTS-Protect the rights of the customer
2) INTEGRITY-Maintain confidence in the integrity of the financial system
3) RISK-Reduce the risk of systemic failure
Australia’s framework for financial regulation is determine by which two groups? Who makes up each of these two groups?
1) Treasury
2) Council of Financial Regulators - Composed of the RBA, ASIC and APRA.
What are Australia’s five financial services regulators? What are their functions?
1) Reserve Bank of Australia - Responsible for monetary policy, overall stability of the financial system and regulation of the payments system
2) Australian Securities and Investments Commission (ASIC) - Responsible for market integrity and consumer protection across financial systems
3) Australian Prudential Regulation Authority (APRA) - Responsible for the prudential supervision of banks, building societies, life and general insurance companies and superannuation funds
4) Australian Competition and Consumer Commission (ACCC) - Responsible for promoting competition and fair trading and regulating the national infrastructure.
5) Australian Transaction Reports and Analysis Centre (AUSTRAC) - Responsible for administering the Anti-money laundering and Counter terrorism financing act and Australia’s financial intelligence agency.
What are other regulators who play a support role in the governance of the financial services industry?
1) ATO - Principal revenue collection agency
2) Foreign Investment Review Board (FIRB) - Examines when foreign interests undertake direct investments in Australia
3) Office of the Australian Information Commissioner (OAIC) - Protection of personal information, including credit information.
What five activities that the RBA does to give currency stability, maintain full employment and promote prosperity?
1) Financial Stability - Setting cash rate to meet inflation targets
2) Payments and Infrastructure - Maintain a strong financial system and efficient payments system
3) Banknotes - Issue bank notes
4) Banking - Provide banking services for the Government
5) Financial Market Operations - Manage Australia’s overnight cash rate, gold and foreign currency reserves.
What legislation is predominantly administered by ASIC?
A) Reserve Bank Act 1959
B) Corporations Act 2001, FSR Act 2001
C) Australian Prudential Regulation Authority Act 1998
D) Competition and Consumer Act 2010
E) Anti-Money Laundering and Counter Terrorism Financing Act 2006
B) Corporations Act 2001, FSR Act 2001
Under the Reserve Bank Act 1959, what are the two boards defined?
1) The Reserve Bank Board (nine members) - Currency stability, full employment and economic prosperity.
2) The Payments System Board - Control risk to the financial system, efficient payment systems and promoting competition.
Why is the RBA the “lender of last resort”?
RBA is able to lend to eligible financial institutions that are experiencing liquidity issues and unable to make payments. Aim is to avoid failure of these financial institutions causing a significant impact to financial systems. This helps give depositors confidence that their funds are save and discourages bank runs from draining a banks liquidity causing it to become insolvent.
What is a payments system?
Arrangements that allow consumers, businesses and other organizations to transfer funds to one another.
What legislation is predominantly administered by ASIC?
A) Reserve Bank Act 1959
B) Corporations Act 2001, FSR Act 2001
C) Australian Prudential Regulation Authority Act 1998
D) Competition and Consumer Act 2010
E) Anti-Money Laundering and Counter Terrorism Financing Act 2006
B) Corporations Act 2001, FSR Act 2001
ASIC is Australia’s corporate and financial services regulator and is, responsible for promoting investor and financial consumer trust and confidence as well as insuring fair, orderly and transparent markets.
What are the in scope the regulation responsibilities for the Corporations Act 2001, FSR Act 2001?
Financial markets, intermediaries and products licensing, disclosure and conduct, consumer protection
What are Product Design and Distribution Obligations (DDO) as part of the ASIC Regulatory Guide 274?t
DDO imposes the obligation on financial product issuers to develop a Target Market Determination (TMD) to ensure products are “getting it right for customers” by putting the customers at the production design and distribution. There is also the requirement that it be maintained over the lifecycle of the product, not just at creation to avoid outdated products.
What is TMD or Target Market Determination?
Essentially a design document for a financial production that defines the target customer and how that product will meet the needs of the customer. Product issues and distributors must maintain governance to ensure outcomes are maintained or improved for customers through out the product lifecycle.
What is a product issuer?
A product issuer is like a bank or insurance company who must prepare a Target Market Determination for each financial product that requires a Product Disclosure Statement (PDS)
What is organisational competance?
Term used to refer to the cumulative employee skills that a company must have in order to achieve their plans.
What is a Fee Disclosure statement?
Obligation that requires advisers to provide clients with annual fee disclosure statement and the requirement for their client to ‘opt in’ or renew their ongoing fee arrangement every two years.
What is a statement of advice (SOA)?
Written explanation of the adviser’s advice to a client, reasons for the advice and how the advice is to be implemented.
What is wholesale banking?
Refers to banking services between merchant banks and other financial instituitions.
How are retail and wholesale clients differentiated?
All clients are considered retail unless they fall into one of the following five categories:
1) Product being invested in or advised has a value exceeding $500,000
2) Individual wealth exceeds $2.5 million net assets or gross income over the last two financial years is at least $250K
3) Large business with more than 20 employees or 100 manufacturing employees.
4) Professional Investor
5) Sophisticated Investor
There are two investor wholesale client categories, what are they?
1) Professional investor - Core business is a professional investor
2) Sophisticated investor - AFSL holder has determined entity is experienced with financial services.
What are eight key obligations for AFSL Licensees?
1) Licensing obligations
2) Financial product advice and dealing
3) Disclosure documents
4) Training of financial product advisers
5) Organisational competence
6) Dispute resolution
7) Breach reporting
8) Design and Distribution Obligations
What are the four members of the Council of Financial Regulators (CFR)?
Treasury, RBA, ASIC and APRA
What legislation is predominantly administered by ACCC?
A) Reserve Bank Act 1959
B) Corporations Act 2001, FSR Act 2001
C) Australian Prudential Regulation Authority Act 1998
D) Competition and Consumer Act 2010
E) Anti-Money Laundering and Counter Terrorism Financing Act 2006
D) Competition and Consumer Act 2010
ACCC is responsible for competition, fair trading and consumer protection
What is AUSTRAC and which legislation does it administer?
Financial intelligence agency responsible for administering the Anti-Money Laundering and Couter-Terrorism Financing Act 2006. Current legislation are required to report transactions that are $10K or more in value.
Which sectors does AUSTRAC cover?
Financial, gambling, bullion dealers
If an entity is required to report to AUSTRAC what are 5 obligations must it fulfil?
1) Enrolling themselves with AUSTRAC
2) Ensure customer identification and verification
3) Accurate record keeping
4) Maintain an AML/CTF program ensure AUSTRAC obligations are met
5) Monitoring of customer transactions and reporting on eligible/suspicious events
What is money laundering?
Process of disguising illegal profits obtained from criminal activities and making it appear legitimate and therefore able to be used by criminals for personal gain and further criminal activity.
Money laundering is a three stage process, what are the three stages?
1) Placement - Getting the illegal monies into the formal financial system
2) Layering - Moving or dispersing the illegal funds to make it hard to identify their try origin
3) Integration - Invest and use funds now that they are well distanced from their illegal source.
Why are there lower dollar amounts involved with terrorism financing?
What is an SMR, and why is it useful for detecting terrorism financing?
1) Smaller amounts are required to fund and support terrorist activities
2) Limited access to funds or assets looking to support terrorism
3) Improved awareness in terrorism financing
SMR are Suspicious Matter Reports
What are some examples of potential methods that could be employed to misuse the Australian financial system?
1) Opening accounts in a false name
2) Transact using name of others or groups
3) Providing access to accounts of others or groups
4) Providing access to bank accounts other than yourself
5) Obtain loans through fraudulent applications, where the funds are used for illegal activities with no intention to repay those funds.
6) Performing funds transfers with false identification
AML and CTF program provides two components of their program to help reporting entities. What are these two components?
Part A - Identifying, managing and reducing the money laundering and terrorism financing risk
Part B - Customer identification and customer due diligence.
What is the Australian Privacy Principles (APPs)? Which legislation does it administer?
APP administers the Privacy Act 1988, and outlines how organizations such as financial services providers must handle, use and manage personal information.
What are some of the principles of the privacy act?
- Privacy policy that provides transparency in the handling of personal information
- I appropriate ability to off anonymous or pseudonym capabilities
- Collection of solicited personal information
- Describe how personal information can be used and disclosed
- Maintaining data quality
- How data is kept secure
- Rights of the individual to access and correct their personal information
What are key obligations on reporting entities on the different classifications of information and their privacy?
- Sensitive information such as health, race, religion, etc
- Personal information
- Credit reporting
- Tax file numbers
What is AFCA and what does it do?
AFCA = Australian Financial Complaints Authority for independent dispute resolution
What is BEAR and what does it do?
BEAR = Banking Accountability Executive Regime.
Its to ensure that senior executives and directors recognise their responsibilities to drive cultural change in their organization. Making sure that senior management are clear on their individual accountabilities. Example of making sure those in leadership positions do as they say.
What is FAR and what does it do?
FAR = Financial Accountability Regime.
Purpose is to extend the BEAR to all financial entities regulated under APRA rather than just banks. Over it will increase transparency and accountability to improve risk culture and governance across all of financial services.