Recent developments

Welcome to the September technical roundup, an update of legislative and regulatory developments in the period 6 August to 4 September 2024 that may affect financial services professionals.

During this period, a bill was introduced to Parliament to implement the Government’s proposal to pay superannuation guarantee on its payments made under the Paid Parental Leave scheme. The Government also introduced a bill to Parliament to make changes to the indexation of student loans.

In other news, both ASIC and APRA released their Corporate Plans, outlining their priorities for 2024-25.

Legislative developments

Bills

Changes to student loan accounts indexation

On 15 August 2024, the Universities Accord (Student Support and Other Measures) Bill 2024 was introduced to Parliament, and subsequently referred to the Senate Education and Employment Legislation Committee with a report due by 3 October 2024.

The bill amends the Higher Education Support Act 2003 (Cth) (HESA) in response to recommendations made by the Australian Universities Accord (the Accord), which was the largest and most comprehensive review of higher education in 15 years.

The bill includes a proposal to cap the Higher Education Loan Program (HELP) indexation rate to be the lower of either the Consumer Price Index or the Wage Price Index (WPI) so that outstanding loans won’t grow faster than average wages. It will also provide an indexation credit to student loan accounts to ensure the new HELP indexation cap has effect from 1 June 2023.

If passed, the new indexation rates will automatically be applied by the ATO to outstanding student loans that were indexed in 2023 and/or 2024.

Super paid on Government-funded paid parental leave

On 22 August 2024, the Paid Parental Leave Amendment (Adding Superannuation for a More Secure Retirement) Bill 2024 was introduced to Parliament.

The bill contains amendments to establish the Paid Parental Leave Superannuation Contribution (PPLSC) for recipients of Parental Leave Pay (PLP), in relation to children born on or after 1 July 2025.

The PPLSC, to be paid annually, comprises two components:

  • core component - calculated by multiplying the total amount of PLP paid to an individual in an income year by the superannuation guarantee rate for that income year
  • nominal interest component - so that individuals are not disadvantaged by the PPLSC payment being made annually, it addresses the foregone returns that may result from the annual payment

A separate claim will not be required for PLP recipients to access the PPLSC entitlement. It will be payable for all recipients of PLP, regardless of their gender or period of PLP taken during the income year.

The PPLSC will be treated as a concessional contribution when it is received by the superannuation fund, meaning it will generally be subject to 15 per cent concessional contributions tax in the fund and will count towards the individual’s concessional contributions cap in the year it is received by the fund.

Consultations

TPB releases draft guidance on new Code obligations

On 6 August 2024, the Tax Practitioners Board (TPB) released two draft guidance products for consultation on three of eight new obligations under the Tax Agent Services (Code of Professional Conduct) Determination 2024 (Determination), which addresses misconduct and improves tax practitioners ethical standards.

The following draft guidance products provide advice and assistance on the application of some of the additional obligations resulting from the Determination:

  • TPB(I) D54/2024 False or misleading statements to the TPB or Commissioner
  • TPB(I) D55/2024 Managing conflicts of interest and maintaining confidentiality in dealings with government

Whilst the Determination commenced on 1 August 2024, a transitional rule will be added to allow businesses with 100 employees or less until 1 July 2025, and those with 101 employees or more until 1 January 2025, to become compliant with the new obligations.

The TPB will consult on further draft guidance on the remaining Code obligations over the coming months.

Submissions are open until 24 September 2024.

ASIC proposes to extend the operation of three legislative instruments

On 7 August 2024, ASIC announced its proposal to extend for five years the operation of the following legislative instruments, which are due to expire in October 2024:

The instruments are deemed by ASIC as efficient and effective, playing an important role in the regulatory framework. As part of the extension, ASIC plans to convert [CO 14/923] into a legislative instrument and merge the relief provided by Instruments 2021/716 and 2021/801 into a single instrument.

A consultation paper was not issued, however ASIC accepted stakeholder feedback on its proposal. Submissions closed on 4 September 2024.

Regulator views

ASIC

Online investment trading scams

On 19 August 2024, ASIC announced that it had shut down over 7,300 phishing and investment scam websites. Since July 2023, ASIC removed:

  • over 5,530 fake investment platforms
  • 1,065 phishing scam hyperlinks, and
  • 615 cryptocurrency investment scams

In 2023, Australians lost $1.3 billion to investment scams, making them the leading type of fraud in Australia.

ASIC urged consumers to be cautious of online trading and cryptocurrency scams on social media, and has previously highlighted the use of fake news articles and deepfake videos of public figures promoting these scams.

ASIC works closely with the National Anti-Scam Centre to disrupt scams through data sharing and coordinated actions.

ASIC encouraged consumers to stay informed by checking its Moneysmart website, which provides scam warnings and guidance on identifying fraudulent investments.

Strategic priorities expanded in 2024-25 Corporate Plan

On 22 August 2024, ASIC released its Corporate Plan covering the period 2024-25 to 2027-28. The plan contains ASIC’s strategic priorities and associated key activities, including:

Improve consumer outcomes

  • addressing misconduct against vulnerable consumers and systemic non-compliance
  • monitoring the adequacy of internal dispute resolution arrangements
  • supporting the Delivering Better Financial Outcomes law reform

Address financial system climate change risk

  • supporting the introduction of mandatory climate-related financial disclosure
  • deterring greenwashing and sustainable finance misconduct
  • examining how insurers are responding to customers in the context of climate change

Better retirement outcomes and member services

  • acting against misconduct resulting in the inappropriate erosion of superannuation
  • reviewing SMSF establishment advice
  • driving industry progress towards improving retirement outcomes
  • acting against member services failures in the superannuation sector

Advance digital and data resilience and safety

  • monitoring the use of AI by licensees
  • implementing a supervisory cyber and operational resilience program
  • disrupting misconduct involving investment scams

Drive consistency and transparency across markets and products

  • reviewing the growth in private markets
  • implementing competition in clearing and settlement service rules
  • monitoring financial reporting and audit firms

The plan also outlines other key activities ASIC will undertake, such as implementing the Financial Accountability Regime, implementing the Compensation Scheme of Last Resort, contributing to the development of the beneficial ownership regime, and ensuring the objectives of the reportable situations regime are met.

APRA

New priorities outlined in 2024-25 Corporate Plan

On 28 August 2024, APRA published its 2024-25 Corporate Plan outlining strategies to strengthen Australia’s financial institutions over the next four years. 

The plan, for the first time, combines APRA’s policy, supervision, and data priorities, which were previously separate publications.

APRA’s top priorities in the 2024-25 Corporate Plan include:

  • further strengthening bank capital and liquidity standards in light of recent global banking issues
  • improving operational resilience through the implementation of new Prudential Standard CPS 230 Operational Risk
  • enhancing cyber risk management

APRA will also introduce a system-wide stress test to evaluate financial interconnections, emphasise the financial impacts of climate risk, and work with ASIC to ensure superannuation trustees meet their obligations under the retirement income covenant.

Internally, APRA plans to invest in its workforce and strengthen its data capabilities using additional funding from the 2024-25 Federal Budget.

2024 superannuation performance test results

On 30 August 2024, APRA released the results of the 2024 superannuation performance test. The annual test assesses the long-term performance of superannuation products against tailored benchmarks. 

The 2024 test evaluated the performance of 57 MySuper products and 590 trustee directed products. 

MySuper

In a first, all MySuper products passed the test. The MySuper results from previous years are as follows:

  • 2023 - one product failed
  • 2022 - five products failed
  • 2021 (inaugural test) - 13 products failed  

Trustee directed products

  • 37 of the 192 platform products failed to meet the test benchmarks. 27 of those products that failed did so for a second time, meaning they will now be closed to new members
  • All 398 non-platform products passed the test.

2023 was the first year that choice products were included in the test. 76 platform products failed and 20 non-platform products failed. 

APRA plans to publish a comprehensive package of superannuation product performance metrics, data and insights in late September 2024.



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