APRA and the Australian Securities and Investments Commission (ASIC) have jointly welcomed the proposed legislative reforms increasing the role of ASIC in the superannuation sector. In response to recommendations from the Financial Services Royal Commission (FSRC), on January 31, the Treasurer had released the related exposure draft legislation for consultation. The draft legislation introduces important reforms that will support APRA and ASIC to carry out their roles as co-regulators in superannuation. The proposed reforms include expanding the role of ASIC as the conduct regulator while retaining the important role of APRA as the prudential and member-outcomes regulator in superannuation.
In this context, APRA and ASIC have issued a joint letter to superannuation trustees about how regulatory oversight will operate assuming the reforms become law. The letter explains how they will work together to more effectively promote better outcomes for members, acknowledging that in doing so consideration needs to be given to reducing regulatory burden. APRA and ASIC recognize that this involves effectively harnessing each agency’s different approach to regulation and supervision, while minimizing the duplication of regulatory effort. The changes to the role of ASIC will be accompanied by an enhancement in the close co-operation and collaboration between the two regulators, which was strengthened by a Memorandum of Understanding, or MoU, that was updated in November 2019. Legislative reform to further increase this co-operation and collaboration is also proposed.
APRA Deputy Chair Helen Rowell said: “APRA welcomes ASIC having an expanded role in regulating a sector that is growing ever more integral to financial outcomes for Australians, and the broader economy. As the conduct regulator of the financial sector, ASIC has a critical role to play in tackling misconduct in superannuation, while APRA will continue to strengthen its focus on member-outcomes and prudential soundness.”
Keywords: Asia Pacific, Australia, Insurance, Superannuation, Pensions, Prudential Regulator, Conduct Regulator, Superannuation Reforms, ASIC, APRA
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