ASIC Consultation Paper 325 – Product Design and Distribution Obligations
Submission to: ASIC
Related Projects
Rationalisation of Ending ASIC Instrument Measures
Submission to: Treasury
Joint submission from the financial counselling sector in response to proposals to move the current licensing exemptions applying to financial counselling agencies from ASIC legislative instruments into the primary law and regulations. The current licensing exemptions exempt financial counselling agencies from having to hold an Australian Financial Services Licence or an Australian Credit Licence, as long as the agency meets certain requirements. We support the policy intent of the proposed rationalisation, but recommend that the wording in the current ASIC instruments is replicated exactly in the new regulations, rather than introducing new terms. The submission also supports the proposal that rural financial counselling agencies are provided with an AFSL exemption.
Joint submission from the financial counselling sector in response to proposals to move the current licensing exemptions applying to financial counselling agencies from ASIC legislative instruments into the primary law and regulations. The current licensing exemptions exempt financial counselling agencies from having to hold an Australian Financial Services Licence or an Australian Credit Licence, as long as the agency meets certain requirements. We support the policy intent of the proposed rationalisation, but recommend that the wording in the current ASIC instruments is replicated exactly in the new regulations, rather than introducing new terms. The submission also supports the proposal that rural financial counselling agencies are provided with an AFSL exemption.
Modernising the Telecommunications Industry Ombudsman Terms of Reference
Submission to: Telecommunications Industry Ombudsman
FCA’s submission is limited to the consideration of proposed changes to the TIO’s jurisdiction, specifically the inclusion of a new small business definition. Financial counsellors are increasingly assisting small business clients. We support the inclusion of an explicit definition of small business into the terms of reference, based on the number of employees. This is simple to understand and explain. We recommend that the definition be that a small business employs less than 100 employees. This is the definition used by the Australian Financial Complaints Authority (AFCA), the Australian Small Business and Family Enterprise Ombudsman and also reflects the ASIC exemption applying to financial counselling agencies under the Corporations Act.
FCA’s submission is limited to the consideration of proposed changes to the TIO’s jurisdiction, specifically the inclusion of a new small business definition. Financial counsellors are increasingly assisting small business clients. We support the inclusion of an explicit definition of small business into the terms of reference, based on the number of employees. This is simple to understand and explain. We recommend that the definition be that a small business employs less than 100 employees. This is the definition used by the Australian Financial Complaints Authority (AFCA), the Australian Small Business and Family Enterprise Ombudsman and also reflects the ASIC exemption applying to financial counselling agencies under the Corporations Act.