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Sparse regulatory schedule ahead

24 January 2024 5:13AM

The regulatory schedule for financial institutions in 2024 includes the introduction of the Financial Accountability Regime for authorised deposit-taking institutions, a ban on the use of credit for online gambling, an APRA contingency planning standard and the extension of the regulator’s remuneration standard. Compared with the immediate post-Hayne years, the introduction of new regulation is relatively light. By the end of March, ADIs will have to comply with the provisions of the Financial Accountability Regime. FAR replaces the Bank Executives Accountability Regime, introduced in 2018, and extends its obligations to the superannuation and insurance industries (which will have to comply from next year). Like BEAR, FAR imposes obligations on directors and senior executives to conduct their business honestly and with care, skill and diligence. The aim is to improve the risk and governance cultures of financial institutions and to promote improved performance and stability of the financial system.  Companies are to nominate executives to be responsible for areas of business operations. While FAR is based on BEAR, there are some differences. BEAR was administered by APRA but FAR will be administered by ASIC and APRA.  The definition of accountable persons will change. Under BEAR, an accountable person is defined by reference to a list of roles and responsibilities prescribed in the legislation.  Under FAR, a longer list of roles and responsibilities may be set out in the Minister’s rules. Another change is that FAR introduces the concept of “enhanced notification obligations”. ADIs with assets of more than A$10 billion will have to prepare and submit accountability statements and “maps” to the regulators. Smaller, or core, ADIs have simpler requirements. Accountability statements set out the responsibilities for each accountable person. Maps outline all accountable persons in the ADI, their responsibilities, and the lines of reporting and responsibility between them. In June, credit card issuers will have to be ready to comply with the provisions of the Interactive Gambling Amendment (Credit and Other Measures) Act 2023, which prohibits the use of credit cards and “credit related products” to make payments for online gambling services.  The new law also prohibits the use of digital currency as a payment method for online gambling. Online lottery services are exempt from the new law. Credit providers and payment service providers will have to work with online wagering businesses to develop identification and detection methods to block the use of credit for online gambling. The new law does not specify the technical mechanism to be used to block the use of credit but the explanatory memorandum accompanying the bill said it was expected that online gambling operators would use bank identification numbers to identify and block credit card payments. Two new APRA prudential standards took effect at the start of the year.  CPS 190 is designed to ensure that APRA-regulated entities have plans for responding to severe financial stress, including actions for restoring financial viability and orderly exit. The standard is principles-based, rather than prescriptive, and a practice guide (CPG 190) includes examples of best practice. CPG 190 sets out the key components of a contingency plan, which are triggers for early identification

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