½ñÈÕÈÈÃÅʼþ

media release (23-220MR)

½ñÈÕÈÈÃÅʼþproposes to extend design and distribution obligations instrument

Published

½ñÈÕÈÈÃÅʼþis inviting industry feedback on a proposal to extend the operation of the ½ñÈÕÈÈÃÅʼþCorporations (Design and Distribution Obligations Interim Measures) 2021/784 instrument for a further five years.

The instrument was initially made for a period of two years and implements measures announced by Treasury. These include relief for distributors from the obligation to report to product issuers if they received nil complaints during a reporting period.

½ñÈÕÈÈÃÅʼþintends to extend the operation of the instrument to retain certainty for industry ahead of any law reform.

½ñÈÕÈÈÃÅʼþassessed that ½ñÈÕÈÈÃÅʼþInstrument 2021/784, is operating effectively and efficiently, and continues to form a necessary and useful part of the legislative framework.

The only changes proposed are to:

  • extend the expiry of the instrument until the start of 5 October 2028; and
  • to remove an exemption for cashless welfare arrangements that is no longer necessary following the making of the Corporations Amendment (Design and Distribution Obligations – Income Management Regimes) Regulations 2023.

These amendments should not have a substantive effect on the operation of the instrument.

½ñÈÕÈÈÃÅʼþis seeking feedback on the proposal, including whether any amendments to the instrument are required. Submissions should be sent by 25 August 2023 to product.regulation@asic.gov.au.

Background

The design and distribution obligations (DDO) require firms to design financial products to meet the needs of consumers, and to distribute their products in a more targeted manner. The obligations were passed by Parliament in 2019 following a recommendation of the Financial System Inquiry and firms were required to comply from 5 October 2021.

Leading up to the commencement of DDO, Treasury received feedback from industry stakeholders on implementing the requirements. They the Government’s intention to make a number of amendments to achieve the intended operation of these reforms in response to industry feedback. ½ñÈÕÈÈÃÅʼþmade the instrument to give effect to the Government’s policy intention in the interim period before legislative changes are made.

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