Important changes in the financial services industry
There has been a significant amount of change in the banking and financial services industry that may impact both BPAY Members and Billers as new legislation is expected to come in this year.
In this article, we have highlighted the key regulatory changes that may affect BPAY stakeholders in the coming months.
1. ASIC Review of the EFT Code of Conduct
ASIC expects that its final report on the EFT Code will be made available in the second half of 2010, with the redrafted Plain English EFT Code to be released shortly thereafter. It is expected that ASIC will include a mistaken payments regime in the redrafted EFT Code. While not confirmed, ASIC has indicated that it will most likely exempt BPAY from the EFT Code's mistaken payments regime, being of the view that BPAY's existing processes offer significant consumer protections. BPAY will continue to monitor developments.
2. Unfair Contracts Law
On 17 March 2010 the Trade Practices Amendment (Australian Consumer Law) Act (No. 1) 2010 was passed by the Commonwealth Parliament.
This Act contains the unfair contracts law, which will take effect from the commencement of the Act, currently envisaged to be 1 July 2010.
This means that for any standard form consumer contract entered into or renewed after 1 July 2010, any term of that contract that is unfair will be void (although the rest of the contract will continue to operate if it is capable of operating without the unfair term).
3. Australian Consumer Law (ACL)
On 17 March 2010, the Government also introduced the Trade Practices Amendment (Australian Consumer Law) Bill (No. 2) 2010.
This Bill moves all the consumer protection sections of the Trade Practices Act to the ACL and adds new sections regulating unsolicited selling and lay-bys.
The Act also creates a national system of statutory consumer guarantees and a national consumer product safety law, including national bans and recalls.
4. Privacy
Australian privacy laws are in the process of a radical overhaul. The final Australian Law Reform Commission Report 108 "For Your Information: Australian Privacy Law and Practice" (Privacy Report) was released publicly in August 2008, the Commonwealth Government released its response to the Report in October 2009 and legislation is expected to be introduced in late 2010.
The key features of the first stage of the Commonwealth Government's proposed privacy reforms are expected to include:
- new unified privacy principles to replace the national privacy principles and information privacy principles, and which will apply to both the private sector organisations and public sector agencies;
- significant new powers for the Privacy Commissioner;
- a new credit reporting regulation; and
- provisions for ensuring technological neutrality.
5. Anti-Money Laundering
There have been recent changes to the current Anti-Money Laundering and Counter Terrorism Financing (AML/CTF) regime in Australia which relate to the definitions of "stored value card" and "designated remittance arrangements".
The proposed changes, which took effect on 20 February 2010, have extended the scope of the current AML/CTF regime.
BPAY will continue to update its Members and Billers periodically with regulatory changes in the financial services space.