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Home News

Disciplinary body legislation before Parliament

The government has introduced legislation around the adviser disciplinary body into Parliament.

by Staff Writer
June 24, 2021
in News
Reading Time: 2 mins read
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In a statement, financial services minister Jane Hume said the Financial Sector Reform (Hayne Royal Commission Response – Better Advice) Bill 2021 would expand the role of the Financial Services and Credit Panel to operate as the single disciplinary body for advisers, “to ensure that less serious misconduct does not go unaddressed”.

Ms Hume added that the bill would create additional penalties and sanctions for financial advisers who have breached their obligations under the Corporations Act,  introduce a new registration system for advisers “to improve the accountability and transparency of the financial services sector”, and transfer functions from FASEA to the minister responsible for administering the Corporations Act and ASIC “to streamline the regulation of advisers”.

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“In line with the announcement made on 9 December 2020, FASEA will be wound up and its standard‑making functions moved to be the responsibility of the Treasurer, supported by Treasury. ASIC will be responsible for administration of the adviser exam,” Ms Hume said.

“In addition, tax (financial) advisers will no longer be regulated by the Tax Practitioners Board but instead will be regulated only under the Corporations Act 2001. This is consistent with the recommendation made by the Tax Practitioners Board Review.”

Ms Hume said the bill also included provisions to provide an exemption for advisers who had failed the FASEA exam multiple times to resit in 2022.

“These reforms will further streamline the number of bodies involved in the oversight of financial advisers, delivering improvements to the regulatory framework for the sector and enhanced access to affordable and quality financial advice for Australians,” she said.

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Comments 18

  1. Michelle says:
    4 years ago

    Please remember, pre Royal Commission, that the original plan was for this oversight body to be our peers..similar to the AMA and Doctors…what a win that would be…..Now thanks to the Royal Commission and a high profile case involving the FPA, Chief Justice Haynes said we’re incapable of self regulation and it’s needs to be Government regulated. We had a chance and the FPA blew it for us.. I’m really looking forward to a bunch of Choice and Union Super funds executives determining whether my advice is good and the resulting over regulation to come.

    Reply
  2. Anonymous says:
    4 years ago

    What about wholesale client advisers who don’t need to be on the FAR? Sounds like there is a gap in the legislation

    Reply
    • Anonymous says:
      4 years ago

      Ahhh… that’s their next bombshell. Everyone will need to be on FAR eventually to justify ASIC’s relevance and keep revenue flowing 😉

      Reply
  3. Bill says:
    4 years ago

    I’m assuming we will get a refund of recently paid TPB fees, for ‘services’ to be provided.
    Have any details of this been announced?

    Reply
    • Anonymous says:
      4 years ago

      Imagine getting money back from the TPB?

      Reply
    • Anonymous says:
      4 years ago

      Apparently the AFSL still has to be registered for TPB on behalf of Advisers, so dont expect any refund and dont expect to not be paying this rego fee again on top of the New NOT Single Disciplinary Body.
      More layers of BS crap.

      Reply
    • Anonymous says:
      4 years ago

      No refund. According to the SMSFA discussions, the TPB fees already paid are going to be transferred over to the new regulator and there will be a continuation in TPB registration period.

      Reply
  4. You Cannot Be Serious! says:
    4 years ago

    More adviser bashing…REALLY? WTF is it with these politicians and their hatred of advisers??

    This just has to be a deliberate plan to push all advisers out.

    Reply
  5. I don't get it ??? says:
    4 years ago

    I am completely confused. They are saying I need to be registered as an Adviser through ASIC by the licensee, I always thought I was a registered adviser. I am on the ASIC adviser search register with all my details and qualifications etc. I thought my adviser authorised rep number was registered with ASIC, I don’t understand why they want to go through this process again ?

    Reply
    • Anonymous says:
      4 years ago

      Duplicate, repeat and duplicate again.
      Absolute morons and costly layer upon layer of BS Govt crap

      Reply
  6. Anonymous says:
    4 years ago

    Yep more BS from HUME and the LNP.
    [b]The so called SINGLE Disciplinary body that was never going to be a SINGLE Disciplinary Body and is NOT a SINGLE Disciplinary Body for Advisers. It’s effectively a replacement Disciplinary Body for 2 out of 9 bodies.
    So Advisers still have 8 Disciplinary bodies !!!!!!!!!! [/b]
    Ms HUME, FRYDENBERG, LNP & ASIC you are all a bunch of total Liars and continue to add more and more BS Red Tape REGS and COSTS to Real Advisers and our clients.
    [b]LIES, LIES and MORE LIES !!!!!!!!!!!!!!!!!!!!!!!!!!![/b]
    Vote out HMUE, FRYDENBERG and LNP.
    ASIC also needs a total clean out.

    Reply
    • Anonymous says:
      4 years ago

      The ALP will be worse if they win government!

      Reply
      • Anonymous says:
        4 years ago

        Seem to remember a song from my childhood about better to die on my feet than live on my knees. I will never vote Labor (you are right – they will be worse) but the Liberal are so incompetent – I’m done voting Liberal.

        Reply
        • Anonymous says:
          4 years ago

          Me too…

          Reply
          • Luna says:
            4 years ago

            Midnight Oil 8)

      • ex-Liberal says:
        4 years ago

        I don’t think the ALP will be worse at all. The ALP kept commissions for life insurance, introduced grandfathering and didn’t impose the #ASICtax.
        The Liberals are no friend of small business.

        Reply
        • Anonymous says:
          4 years ago

          Good point, but still no reason to vote Labor or Liberal. Their loss – and I’m taking a few votes with me, and I keep telling clients all about it.

          Reply
        • Anonymous says:
          4 years ago

          That is quite beautiful rewriting of history, leaving out the odd detail like FoFA. Great trolling.

          Reply

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