½ñÈÕÈÈÃÅʼþ

speech

Managing regulatory change in life insurance and pensions

Published

A speech by Sean Hughes, Director, Deposit taking, Insurance, Superannuation and Consumer protection, ASIC, to the Asian Development Bank - Managing Regulatory Change symposium on Electronic Distribution of Financial Products and Consumer Issues, Manila, 23–24 November 2000.

±õ²Ô³Ù°ù´Ç»å³Ü³¦³Ù¾±´Ç²ÔÌý– ASIC's role as market integrity and consumer protection regulator

The ½ñÈÕÈÈÃÅʼþ (ASIC) is an independent Australian Commonwealth government body constituted by the ½ñÈÕÈÈÃÅʼþ Act 1989. It was first established on 1 January 1991 as the Australian Securities Commission, to administer the Corporations Law. In July 1998, it received new consumer protection responsibilities and its current name.

ASIC's charter of responsibilities includes:

  • regulating and enforcing laws which promote honesty and fairness in financial markets, products and services and in Australian companies
  • ensuring that investors and consumers act prudently and can rely on the integrity of the market, because ½ñÈÕÈÈÃÅʼþenforces their rights, warns them of risks and takes action to improve standards of behaviour across the financial sector
  • underpinning the strength, growth and international reputation of Australia's financial markets.

½ñÈÕÈÈÃÅʼþregulates superannuation (pension) funds, insurers and deposit-taking institutions, by:

  • setting standards about what those institutions tell their customers;
  • monitoring their sales practices and compliance with codes of practice
  • checking customer complaints systems
  • cooperating with its co-regulator, the Australian Prudential Regulation Authority (APRA) on issues of joint regulatory interest and concern
  • investigating and taking action against misconduct.

½ñÈÕÈÈÃÅʼþalso regulates finance sector intermediaries (such as dealers, advisers and brokers) who are involved in the distribution of information and sale of products and services to customers, by:

  • setting standards for their education, training and operations;
  • licensing and registering them before they start operating or dealing with customers
  • recording their details and the names of their authorised representatives on public registers, which can be searched electronically
  • monitoring the quality of the advice they give
  • investigating and pursuing misconduct through enforcement action.

As at 30 June 2000, ½ñÈÕÈÈÃÅʼþemployed 1,234 full time equivalent staff throughout each state and territory in Australia. Those staff act under the direction of three fulltime Commissioners, appointed by the Governor - General on the nomination of the federal Treasurer.