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New ASIC guidance on how superannuation and managed funds can avoid 'greenwashing'
Insight 16 Jun 2022

Greenwashing in the promotion of managed investment and superannuation funds is one of ASIC's current corporate governance priorities as it continues to 'monitor the market … looking for misleading claims about ESG and sustainability'. ...

What the wide-ranging sanctions on Russia mean for your organisation
Insight 19 May 2022

The Australian Government, introduced a wave of new trade and financial sanctions measures against Russia in response to the situation in Ukraine. This is the first time in living memory that a major economy has been subject to such wide-ranging sanctions, with implications for a range of industries. ...

Federal Court finds cyber risk management is a critical obligation for financial services firms
Insight 06 May 2022

The Federal Court handed down its judgment in proceedings brought by ASIC against RI Advice on 5 May 20221. It found that, as result of its failure to manage cyber security risks and cyber resilience, RI Advice breached its obligations to do all things necessary to ensure that the financial services covered by the licence were provided efficiently and fairly, and to have adequate risk management systems in place. ...

Everything you need to know about cyber risks, resilience and responsibilities
Insight 02 May 2022

Organisations today are both blessed and cursed with extraordinary amounts of data. The responsibility for information security and data governance starts and ends with the board and senior management. We offer a handbook to help navigate duties and liabilities and a checklist of questions directors should be asking. ...

Our pre-election wrap of super regulatory reforms for 2022
Insight 19 Apr 2022

Coming off a busy 18 months or so – with the number of reforms too long to count on all fingers and toes – superannuation trustees could be forgiven for wanting to take an extended holiday from regulatory change. But with Parliament prorogued ahead of the election, now is a chance for trustees to take stock of the regulatory reforms slated for 2022. In this Insight, we provide a snapshot of the key reforms. ...

Regulating crypto: Government releases consultation paper on proposed licensing and custody requirements
Insight 25 Mar 2022

The Federal Government is seeking feedback on a proposed new licensing regime for crypto asset secondary service providers (CASSPrs) and new requirements regulating custody of crypto assets. The new regime would potentially sit alongside the existing AFS licensing regime, with possible overlap and inconsistency in treatment of service providers. The Government is also seeking early views on how crypto assets should be defined and categorised as part of a 'crypto mapping' exercise. The consultation period runs until 27 May 2022. ...

Reminder – AUSTRAC compliance reports are due
Insight 28 Feb 2022

With 2022 now in full swing and the due date for AUSTRAC compliance reports just around the corner (on 31 March 2022), we take a look at some recent changes to the form and how they will affect reporting entities. ...

Retirement income covenants (and egg metaphors)
Insight 20 Dec 2021

The long-promised retirement income covenants are slated to come into effect on 1 July 2022. The proposed covenants are aimed at improving retirement outcomes, including by moving retirees away from a 'nest egg' mentality towards spending more in retirement – or 'hatching' the nest egg (to borrow the extended metaphor of APRA's Deputy Chair). ...

APRA guidance on managing climate change financial risks finalised for banks, insurers and superannuation trustees
Insight 20 Dec 2021

Delivering as promised before the end of 2021, APRA recently finalised its prudential practice guide CPG 229 Climate Change Financial Risks. ...

Expansion in scope of transactions subject to FIRB approval rules
Insight 15 Dec 2021

In this Insight, we look at the changes and comment on what they mean for transactions. The changes to the SOCI Act also have operational implications for many businesses – which we will separately publish on. ...

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