Podcasts by Category
- 82 - Episode 65: Crypto-assets for first time investors
In this episode we discuss crypto-assets for first time investors with Hema Raman, Crypto-Asset Coordinator at ASIC. If you're thinking about investing in crypto-assets, hear from ASIC on what to think about and look out for before you invest.
Fri, 25 Jun 2021 - 15min - 81 - Episode 64: Markets enforcement outcomes
In this episode, we discuss the work of ASIC’s Markets Enforcement team. We are joined by ASIC Senior Executive Leader, Molly Choucair, to discuss recent Court action against AGM Markets and Antares Energy as well as ASIC’s Immunity Policy.
Wed, 05 May 2021 - 14min - 80 - Episode 63: ASIC enforcement update July to December 2020
In this episode, we discuss ASIC’s Enforcement Update for July to December 2020. We are joined by ASIC Commissioner Sean Hughes who takes us through ASIC’s response to the COVID-19 pandemic and its major enforcement outcomes in 2020. For more information, download the enforcement report and read the media release.
Fri, 16 Apr 2021 - 10min - 79 - Episode 60: Holes in the safety net: A review of TPD insurance claims
In this episode we discuss the findings and recommendations from ASIC’s thematic review of total and permanent disability (TPD) insurance in Australia including what ASIC expects insurers and superannuation trustees to do to address the poor consumer outcomes. We are joined by the Senior Executive Leader of ASIC's Insurers team, Emma Curtis, and the Senior Executive Leader of the Superannuation team, Jane Eccleston. For more information about the review, download ASIC Report 633 Holes in the safety net: a review of TPD insurance claims and read ASIC media release 19-281MR ASIC calls on insurers and trustees to take action to improve consumer outcomes from total and permanent disability insurance.
Wed, 13 Nov 2019 - 08min - 78 - Episode 57: Are car insurance investigations treating consumers fairly?
In this episode, we discuss ASIC's review of how car insurance claims are investigated where fraud is suspected. We are joined by the Senior Executive Leader of ASIC's Insurers team, Emma Curtis, and the Director of Casework at the Financial Rights Legal Centre, Alexandra Kelly. For more information about the review, download ASIC Report 621 – Roadblocks and roundabouts: A review of car insurance claim investigations and read ASIC media release 19-172MR – ASIC’s review finds car insurance investigations treat consumers unfairly.
Mon, 09 Sep 2019 - 11min - 77 - Episode 54: The future of financial services
In this episode with the Chair and CEO of the Ontario Securities Commission, Maureen Jensen and ASIC Executive Director (Markets) Greg Yanco explore digitisation, changing consumer expectations, disruptive business models, innovation and the future of financial services.
Wed, 31 Jul 2019 - 09min - 76 - Episode 52: The regulatory toolkit
In this episode with the Assistant Managing Director (Capital Markets) of the Monetary Authority of Singapore, Lee Boon Ngiap, we explore how regulators deploy their tools to detect, combat and deter misconduct in the financial system.
Thu, 11 Jul 2019 - 10min - 75 - Episode 51: ASIC's case against former financial adviser James Gibbs
On 10 July 2019, ASIC’s case against James Gibbs came to a close and he was sentenced to 10 years imprisonment, with a non-parole period of seven years to serve. James Gibbs stole $4.88 million from his clients when he was acting as their financial adviser. His clients trusted him with their savings, with their money to be used for their retirements, and he devastatingly broke that trust by using that money for his own purposes. In this episode, we hear from Dallas, one of Mr Gibbs' victims who helped build ASIC's case, as well as ASIC investigator, Chris Rowe. Read ASIC media release's for more information: 19-179MR Former Adelaide financial adviser sentenced to 10 years imprisonment
Wed, 10 Jul 2019 - 06min - 74 - Episode 50: Balancing consumer choice and protection
In this interview with the Chair of the European Securities and Markets Authority Steven Maijoor, ASIC Commissioner Sean Hughes explores the balancing act between consumer choice, innovation and consumer protection and the use of product intervention powers by regulators around the world.
Wed, 26 Jun 2019 - 12min - 73 - Episode 45: Product intervention powers and design and distribution obligations
ASIC has welcomed the passage of key financial services reforms contained in the Treasury Laws Amendment (Design and Distribution Obligations and Product Intervention Powers) legislation introducing: a design and distribution obligations regime for financial services firms; and a product intervention power for ASIC The design and distribution obligations will bring accountability for issuers and distributors to design, market and distribute financial and credit products that meet consumer needs. Phased in over two years, this will require issuers to identify in advance the consumers for whom their products are appropriate, and direct distribution to that target market. The product intervention power will strengthen ASIC’s consumer protection toolkit by equipping it with the power to intervene where there is a risk of significant consumer detriment. To take effect immediately, this will better enable ASIC to prevent or mitigate significant harms to consumers. These reforms were recommended by the Financial System Inquiry in 2014 and represent a fundamental shift away from relying predominantly on disclosure to drive good consumer outcomes.
Mon, 08 Apr 2019 - 08min - 72 - Episode 43: Climate risk disclosure
ASIC Commissioner John Price joins the podcast to discuss ASIC’s review of climate risk disclosure by listed companies in Australia. You can read the full transcipt below. TRANSCRIPT HOST: Hello, and welcome to the official podcast of the Australian Securities and Investments Commission. In today's episode, we'll be discussing ASIC’s review of climate risk disclosure by listed companies in Australia. My name is HOST Heilbuth and with me this time around is ASIC Commissioner, John Price. John, thanks for your time. JOHN: Thanks very much. HOST: Before we talk about ASIC’s report, can you define what we mean by climate risk? JOHN: A global Task Force on Climate-related Financial Disclosures puts climate-related risks into two main categories.The first is risks related to the transition to a lower-carbon economy. The transition includes policy, legal, technology and market changes – and this presents a number of risks to Australian companies. The second is a series of risks related to the physical impacts that result from climate change. This can be extreme weather and shifts in climate patterns, such as sea level rises and sustained higher temperatures. HOST: What role does ASIC play in this space? JOHN: Firstly, we are very focussed on encouraging strong and effective corporate governance. We consider the management of issues such as climate change begins with good corporate governance. Within listed companies, this should be led by directors and senior management. Companies that have effective corporate governance practices are better equipped to develop and implement effective strategies to manage risks and opportunities, and that of course includes climate risk.Secondly, we are also focussed on disclosure. Where the law requires it, ASIC is focussed on making sure that companies disclose material climate change risks. Disclosure of risks – like climate change and other risks – helps investors to be better informed when they make their important investment decisions. HOST: ASIC’s surveillance project examined how listed companies disclose climate risk. What did ASIC find? JOHN: What we found is that listed companies need to do more to comply with their disclosure obligations, especially outside of the top-200 listed companies. Of the 60 listed companies in our ASX 300 sample, when we did our work around climate change, 17% identified climate risks as material risk to their business. While most of the reviewed ASX 100 entities had considered climate change risk to the company’s business, at least to some extent, disclosure practices were fragmented, inconsistent and patchy. As part of our surveillance, it was often difficult to know whether general references to climate change risk related to physical or transition climate risks, or both. These fragmented climate risk disclosure practices, we think, make it difficult for investors to compare between companies. HOST: What can listed companies do to properly disclose climate risks? What do we expect to see from business? JOHN: We recognise that climate risk disclosure practices are still evolving (not only here in Australia but internationally). What we do recommend is that directors and advisers of listed companies consider climate risk both as a short-term and a long-term risk, and directors and officers also continually reassess existing and emerging risks and how they apply to the company’s business. Also, listed companies need strong and effective corporate governance. This includes active and informed engagement by the board. Boards play a critical role to identify and manage risk.And finally, it goes without saying that listed companies must comply with the law. Directors of listed companies should carefully consider the requirements relating to operating and financial review – or the OFR as it’s commonly called – as it prescribes certain disclosures under the Corporations Act. In fact, the law requires an OFR to include a discussion of climate risk when it co
Thu, 11 Oct 2018 - 06min - 71 - Episode 39: Indigenous Outreach trip to the APY Lands
ASIC's Indigenous Outreach Officer Nathan Boyle talks with Susan Tilley from Anangu Lands Paper Tracker Radio Program about ASIC's work with indigenous consumers and the recent outreach trip to the APY Lands with super funds. Visit the Paper Tracker website to listen to the full interview. Transcript below: *Opening music* Susan Tilley: Nathan, welcome to the Anangu Lands Paper Tracker radio show. Thank you for joining us today. Nathan Boyle: No worries. Thanks very much for inviting us on. Susan Tilley: Nathan, could you give us an overview of the role and the work of the Indigenous Outreach Program of the Australian Securities and Investments Commission? Nathan Boyle: Yeah sure. The Indigenous Outreach Program, or IOP for short, is a national team of lawyers and analysts who specialise in working with Aboriginal and Torres Strait Islander people, in communities right across the country to really help them to resolve financial services issues that might impact on them. The IOP focuses on three main types of work. The first is on helping Indigenous people to get a better understanding of financial products on the market, by producing information that is designed specifically for Indigenous people to really help them get a proper understanding. The second main type of work that we do is working with stakeholders. So, people that are in the organisations that Indigenous consumers need to interact with, like superannuation companies or banks, and helping them to understand how they change the way that they provide services to Indigenous consumers to make sure that they have the same ability to access financial services as all other Australians. And, the third thing that our team does is where Indigenous people let us know about a problem that they’re having with a financial services provider, like a bank, or credit provider, and we can work with that community to take those issues to court and to ask a judge to decide whether or not the type of behaviour that is being experienced by the Indigenous consumers is fair. And that way we’re able to help Indigenous consumers to solve big problems that they might be having in the way that they’re treated by certain companies. Susan Tilley: Now, ASIC and your team have just been to the APY Lands to talk with Anangu about their superannuation and their entitlements. But before we chat about your visit, which we’re really keen to hear about, it would be useful if you could explain what superannuation is and who’s eligible to pay and to receive superannuation. Nathan Boyle: So, there are a lot of quite difficult rules around exactly how superannuation works. Sometimes it can seem really hard for people to understand exactly what superannuation is, but the easiest way to think about super is that super is like a special bank account that a person’s boss has to set up and put extra money in, on top of the wage that they earn each week. That money can only be accessed by the person usually once they’re too old to work, and they retire. Susan Tilley: So Nathan we’re really keen to hear about your recent visit to the APY Lands. Would you like to tell us which communities you went to and what was the reason behind your visit? Nathan Boyle: I’m really excited to be able to talk about last week’s trip actually because it was a really fantastic trip and we got to meet with a whole lot of Anangu. So, last week we took a group of executives from superannuation funds that had customers in the APY Lands, as well as Government departments and senior people from the Government departments that are involved in superannuation, out to the APY Lands. We visited 5 APY Lands communities last week. We started in Indulkana, moved to Mimilli, Fregon and Pukatja, then finished the week on Friday in Amata. We really looked to a large part of the APY Lands with this outreach. There were a few main aims of the trip. The first and definitely most important aim was that Anangu had told us that while they had
Mon, 25 Jun 2018 - 11min - 70 - Episode 32: Add-on insurance
ASIC Senior Executive Leader Michael Saadat joins the podcast to discuss add-on insurance, and ASIC's work to shine a light on poor practice, remediation outcomes, and efforts to protect consumers in the future. Click through for the transcript: ----more---- Episode 32 transcript: Add-on insurance 16 March 2018 ASIC podcast – Episode 32 transcript Host: Hello and welcome to the official podcast of the Australian Securities and Investments Commission. In today's episode we'll be discussing add-on insurance and the work that ASIC is doing in this area. My name is Tessa Loftus and with me this time around is Senior Executive Leader of Deposit Takers, Credit and Insurance at ASIC, Michael Saadat. Michael, thanks very much for your time. Michael Saadat: Thanks very much Tessa. Host: So before we talk about ASIC's work in this area, could you give me a little bit of an explanation of what add-on insurance is, and what it's for? Michael Saadat: Add-on insurance is a type of insurance that's sold when you buy another product and in this case we've been focusing on add-on insurance that's sold when you buy a car. So most consumers would be familiar with Comprehensive Car Insurance that you usually buy when you've got a car, that protects you if you have an accident, but there's a whole range of other add-on insurance products that are also sold when you buy a car, especially when you buy a car on finance. And these are insurance products that are designed to provide coverage if something goes wrong and you can't pay back your loan, so products like gap insurance or consumer credit insurance but there's also other products including tyre and rim insurance. So ASIC's had a focus on these products because we don't think consumers understand how these products work and there have been quite a few poor consumer outcomes that we have identified in our work associated with these products. Host: What are some of the problems and the poor outcomes you've identified with add-on insurance? Michael Saadat: We've identified a range of problems with the sale of these products through car dealerships. Firstly, we've identified that these products can be very expensive for consumers, often in the thousands of dollars, and they're expensive partly because insurers have been paying very high commissions to car dealers to sell these products. We've seen examples of commissions of up to 80% for these products, which means for example, if you are paying $1000 dollars for gap insurance and the commission on that product is 80%, then the insurer is paying 80% of that $1000 to the car dealer as a commission, so $800. Which as you might guess doesn't actually leave a lot of money on the table for claims and what we found was actually that consumers were not getting much money back in claims with these products and why we've been saying for some time that these products are really very poor value for money for consumers. One of the key statistics that we identified through the extensive data we collected in this market is that over a 4 year period consumers paid over 1.6 billion dollars in premiums to insurance companies for these add-on insurance products. And of that 1.6 billion, insurers paid car dealers around 600 million dollars in commissions, but consumers only received around 150 million dollars back in claims. So car dealers have been earning 4 times more in commissions than consumers have been receiving in claims and this is why we've been saying that this is a market that has been failing consumers. Host: So in the last few months, there've been several quite significant add-on insurance remediation programs initiated by ASIC, can you tell me a little bit about those? Michael Saadat: Yeah we've been doing a lot of work to address what we consider to be unfair outcomes that have occurred with these products over a number of years. And we've announced so far four very large remediation programs or refund programs for consumers who've been a
Fri, 16 Mar 2018 - 07min - 69 - Episode 29: ASIC's Annual ReportThu, 26 Oct 2017 - 05min
- 68 - Episode 62: Corporate governance enforcement outcomes
In this episode, we discuss the work of ASIC’s Corporations and Corporate Governance Enforcement team. We explore ASIC’s cases against former Kleenmaid director Mr Andrew Eric Young, former Executive Chairman and Chief Executive Officer of Healthzone Limited, Mr Peter David Roach and former liquidator David Leigh.
Tue, 11 Feb 2020 - 06min - 67 - Episode 61: Risky business: land banking property investment schemes
Investing in land and property is certainly not a revolutionary idea. Australians have been investing in bricks, mortar and land for decades, but unfortunately not all property investment schemes are the same. 'Land banking' can produce returns for investors but comes with significant red flags. It is often unregulated, leaving investors without protection if things go wrong. In this episode, we explore some of the land banking schemes shut down by ASIC.
Wed, 15 Jan 2020 - 11min - 64 - Episode 58: Oversight of non-financial risk
In this episode, we discuss the first report from ASIC’s Corporate Governance Taskforce: Director and officer oversight on non-financial risk. We are joined by Suneeta Sidhu, the team leader of the Taskforce.
Wed, 02 Oct 2019 - 08min - 62 - Episode 56: ASIC's case against former director Bradley Silver
In this episode, we discuss ASIC’s case against Bradley Silver, a former director of a property development company who defrauded his clients of $4.7 million. Read ASIC media release 19-243MR - Gold Coast director and property developer sentenced to eight years' imprisonment - for more information.
Fri, 06 Sep 2019 - 13min - 61 - Episode 55: ASIC enforcement outcomes, January to June 2019
18 August 2019 In this episode with ASIC Deputy Chair Daniel Crennan QC, we explore ASIC’s Enforcement Update (January to June 2019), ASIC’s Office of Enforcement and work to strengthen ASIC’s enforcement effectiveness by accelerating court-based enforcement matters.
Sun, 18 Aug 2019 - 14min - 59 - Episode 53: Creating Shared Value
In this episode with Peter Yates, Chairman of the Shared Value Project and Deputy Chairman of AIA Australia, ASIC’s Laura Higgins (Senior Executive Leader, Financial Capability) explores how the concept of shared value challenges companies to realign the interest of business and society by redefining their purpose so that generating economic value also produces value for society.
Fri, 26 Jul 2019 - 07min - 55 - Episode 49: ASIC's case against hacker Steven Oakes
A man sits outside an office building on his laptop. He keeps to himself and passers-by don’t really notice him. He has been outside this office building before, but he is not interested in going inside. Unknown to those around him, and the company operating inside the building, this man is inside their network, accessing confidential information and reading their emails. He’s after inside information. Steven Oakes was sentenced on 25 June 2019 in the County Court at Melbourne to a total effective sentence of three years imprisonment, and ordered that he be released after serving 18 months of the term of imprisonment, on his own recognisance to be of good behaviour for 18 months, after pleading guilty to a total of 11 charges for insider trading, unauthorised access to data with the intention to commit a serious offence (insider trading) and the alteration of electronic devices required by ASIC. In this episode, we hear from the investigators behind ASIC’s case - Peter Ridgley and Anthony Vardy. For more information about ASIC's case, read our media release (19-153MR) and download an infographic on our website.
Tue, 25 Jun 2019 - 14min - 54 - Episode 48: International standard setting for insurance supervisors
In this interview with the Secretary General of the International Association of Insurance Supervisors (IAIS) Jonathan Dixon, ASIC Executive Director (Financial Services) Michael Saadat explores the role of the international standard setting body for insurance regulators - the IAIS, its priorities and challenges, and the impact of advancements in technology on regulation.
Mon, 24 Jun 2019 - 12min - 53 - Episode 47: The power of a ponzi scheme
In this episode we take you behind the scenes of a ponzi scheme, where unbelievably good returns are offered to investors, the scheme operator seems to be trustworthy – but it’s all smoke and mirrors. ASIC investigators Kaan Finney and David McArthur explain how ponzi schemes work, how operators attract investors, how ASIC investigates and shuts down these schemes and most importantly, how can you can avoid getting caught up in a scheme. A ponzi scheme is an investment scam where the promoter convinces people to invest in the scheme. Money is deposited by early investors and used to pay the first round of returns. However, new money invested is used to pay older returns to investors. People are led to believe there is an investment because of this when often there actually is no investment at all or the investment is not what they think it is. There are practical tips on how to avoid ponzi schemes and other types of investment scams on ASIC’s MoneySmart website or you can subscribe to our media releases to find out about the latest matters we are investigating at ASIC. And if you have feedback on this podcast, we’d love to hear your thoughts. Send us a tweet to @ASICmedia
Fri, 10 May 2019 - 08min - 52 - Episode 46: ASIC enforcement update July to December 2018
ASIC has today released its enforcement update report for the period 1 July 2018 to 30 December 2018. A copy of the report - outlining key actions taken over the past six months to enforce the law and support our enforcement objectives - can be found here. The report also covers ongoing areas for particular focus, including ASIC Deputy Chair Daniel Crennan QC’s discussion of recent reforms enabling ASIC to pursue harsher civil penalties and criminal sanctions against banks, their executives and others who have breached corporate and financial services law.
Tue, 09 Apr 2019 - 10min - 50 - Episode 44: Former financial adviser Gabriel Nakhl sentenced to 10 years imprisonment
Mr Nakhl engaged in dishonest conduct and was found guilty in the District Court of New South Wales. The court set Mr Nakhl a non-parole period of 6 years. View the ASIC media release (19-055MR) for more information Mr Nakhl was convicted on eight charges (18-178MR), brought by ASIC, of engaging in dishonest conduct with investor funds. The conduct affected 12 investors while Mr Nakhl was a representative of Australian Financial Services Limited (in liquidation) and as sole director of SydFA Pty Ltd (deregistered). The court found Mr Nakhl advised clients to set up self-managed superannuation funds and to invest their superannuation and other funds in products such as shares, managed funds and high interest rate bank accounts. Rather than investing the 12 investors’ funds in these products, Mr Nakhl used these funds 'as he pleased' and for his own purposes. Mr Nakhl then lied to the investors, telling them that he had invested their funds in accordance with his advice and that their investments were performing well. Mr Nakhl also tried to cover up his wrongdoing by having these 12 investors sign documents that supposedly authorised Mr Nakhl to use the funds in the way he did. These 12 investors allowed Mr Nakhl to invest approximately $6.7 million on their behalf. Mr Nakhl lost approximately $5.1 million of these invested funds.
Tue, 26 Mar 2019 - 04min - 49 - Episode 22: Financial advice: Review of how large institutions oversee their advisers
ASIC's Louise Macaulay (Senior Executive Leader - Financial Advisers) joins the podcast to discuss ASIC's recent review of how large institutions oversee their financial advisers. The full report is available here.
Mon, 20 Mar 2017 - 04min - 48 - Episode 21: ASIC's First Business App
Miles Larbey, ASIC's Senior Executive Leader, Financial Capability joins the podcast to talk about ASIC's new First Business App, which is aimed at assisting Australians in starting their own business. You can find out more information about the app at ASIC's MoneySmart website. Download the app via the Apple Store Download the app via Google Play
Tue, 14 Mar 2017 - 02min - 47 - Episode 20: Mark Adams on ASIC's RegTech Roundtable
On 8 February, ASIC hosted a roundtable in Sydney and Melbourne for those with an interest in RegTech. The roundtable facilitated discussion on the current RegTech landscape and its development and future potential to promote good risk management and compliance outcomes, and drivers and barriers to RegTech in Australia, including what the industry and ASIC can do to help promote the development and application of RegTech. Mark Adams, ASIC Innovation Hub co-ordinator, joins the podcast to talk about the roundtable, why ASIC held it, what topics came up and where we go from here.
Thu, 16 Feb 2017 - 08min - 46 - Episode 19: Commissioner Cathie Armour on Hochtief AG insider trading matter
On 8 December 2016, the Federal Court found that German construction group holding company Hochtief Aktiengesellschaft (Hochtief AG) engaged in insider trading in contravention of section 1043A(1)(d) of the Corporations Act 2001, and has ordered Hochtief AG to pay a financial penalty of $400,000, as well as ASIC's legal costs. ASIC Commissioner Cathie Armour joins the podcast to discuss the details of the case, as well as its wider significance for Australia's financial markets. You can read ASIC's media release on the matter here
Fri, 16 Dec 2016 - 08min - 45 - Episode 18: Whistleblowers
ASIC Commissioner John Price joins the podcast to discuss ASIC's approach to whistleblowers and how they can be better encouraged and protected. More information on the topic is available here.
Wed, 14 Dec 2016 - 06min - 44 - Episode 17: ASIC's Workplace Giving Program
On this episode, we have a quick chat to ASIC in the Community Manager Justine Butler about ASIC's workplace giving program, which has been awarded a silver medal in the inaugural Workplace Giving Excellence Awards in Melbourne. The awards are part of the Australian Charities' Fund One Million Donors campaign, and recognise employers and their staff who show leadership in supporting charities and community groups.
Fri, 25 Nov 2016 - 07min - 43 - ASIC View Episode 16: Fees for no service report
Joanna Bird, Senior Executive Leader, Financial Advisers joins the podcast to discuss ASIC's recent Report 499 - Financial Advice: fees for no service. The report provides an update on ASIC's work to address financial institutions' and advisers' systemic failures, over a number of years, to provide ongoing advice services to customers who paid fees to receive those services. The report summarises ASIC's work to ensure customers are fairly compensated. The report is part of ASIC's Wealth Management Project, which is focusing on the conduct of the largest financial advice firms, including the advice arms of AMP, ANZ, CBA, NAB and Westpac groups. The report is available for download here, while you can read ASIC's media release on the topic here. ASIC's MoneySmart website has updated information on how much financial advice costs and what to expect from a financial adviser. Read the transcript
Wed, 02 Nov 2016 - 07min - 42 - ASIC View Episode 15: Macquarie, van Eyk and responsible entities
In August this year, The Supreme Court of New South Wales found that Macquarie Investment Management Ltd contravened the Corporations Act by failing to comply with its duties as a responsible entity of the van Eyk Blueprint International Shares Fund. The Court made declarations of contravention and ordered that MIML pay a civil pecuniary penalty of $400,000, as well as $200,000 for ASIC's legal costs. ASIC Commissioner Greg Tanzer joins the podcast to talk about the case and why ASIC considers it such an important outcome. You can read ASIC's media release on the outcome here Please note the judge's comments that Greg quotes in the podcast are slightly abridged. The full comments are available via the link at the bottom of the media release.
Mon, 26 Sep 2016 - 08min - 41 - ASIC View Episode 14: Add-on insurance report
ASIC has reviewed the sale of add-on general insurance policies through car dealers and found that the market is failing consumers. ASIC Deputy Chairman Peter Kell joins the podcast to discuss the report. The report can be viewed here. The media release can be viewed here. More information on add-on insurance can be found at ASIC's MoneySmart website.
Mon, 12 Sep 2016 - 10min - 40 - ASIC View Episode 13: Review of Australian equity market cleanliness
Greg Yanco, Senior Executive Leader, Market Supervision at the Australian Securities and Investments Commission, joins the podcast to talk about ASIC's recent review into Australian equity market cleanliness. The report is available here, and the relevant media release is available here.
Tue, 16 Aug 2016 - 07min - 39 - ASIC View Episode 12: Due diligence practices for Initial Public Offerings
ASIC Commissioner John Price joins the podcast to talk about ASIC's recent report examining the due diligence practices of issuers of securities under an initial public offering (IPO). Read our media release Read the report
Mon, 01 Aug 2016 - 06min - 38 - ASIC View Episode 11: ASIC's Innovation Hub
This week, ASIC Commissioner John Price joins the podcast to discuss ASIC's Innovation Hub and how it's helping fintech startups. You can find out more about ASIC's Innovation Hub by going to the webpage.
Thu, 07 Jul 2016 - 08min - 37 - ASIC View Episode 10: ASIC's Indigenous Outreach Program
This week, ASIC View welcomes Michael Saadat, Senior Executive Leader, Deposit Takers, Credit and Insurers, and Nathan Boyle, an analyst with ASIC's Indigenous Outreach program to talk about ASIC's Indigenous Outreach Program and the work they are doing to help Aboriginal and Torres Strait Islander people with financial products and services. They discuss types of financial problems being reported to ASIC's Indigenous Help Line like lost key cards and problems with identification, issues with debt collectors, renting products and appliances, life insurance and debt management. Michael also talks about the work ASIC is doing to help superannuation funds better understand the needs of Indigenous consumers. Find out more about ASIC's Indigenous Outreach Program. ASIC's MoneySmart website has money tips for Indigenous consumers. Read the transcript
Fri, 10 Jun 2016 - 13min - 36 - ASIC View Episode 9: Deputy Chair Peter Kell on investment scams
During Consumer Fraud Week 2016, the Australian Securities and Investments Commission is warning consumers and investors to 'Wise Up to Scams' and do some simple checks before they part with their money. ASIC Deputy Chair Peter Kell joins the podcast to talk about how investment scams work, and how best to identify and avoid them. Read ASIC's media release on Consumer Fraud Week 2016 and visit ASIC's MoneySmart website for more tips on avoiding investment scams. Read the transcript
Mon, 16 May 2016 - 11min - 35 - ASIC View Episode 8: Commissioner Cathie Armour on ASIC's insider trading work
On the latest episode of ASIC View, ASIC Commissioner Cathie Armour discusses ASIC's work in insider trading matters. Topics discussed include the damage done by insider trading, ASIC's surveillance and enforcement strategies and other related key areas of interest. Media releases for matters mentioned during the podcast: - Mr Xiao/Hanlong mining - Kamay and Hill
Tue, 03 May 2016 - 11min - 34 - ASIC View Episode 7: ASIC Forum robo-advice session
The following is an excerpt from a session at ASIC's 2016 Annual Forum on robo-advice. The session covers:How does robo-advice sit alongside traditional financial advice? Where does robo-advice cause the most disruption? How does the current regulatory framework apply to robo-advice? What are the issues that are unique to robo-advice? The podcast also discusses ASIC's Consultation Paper 254 Regulating digital financial advice (CP 254) and draft Regulatory Guide 000 Providing digital financial product advice to retail clients. Speakers include ASIC's Joanna Bird and Louise Macaulay, Senior Executive Leaders of the Financial Advisers team as well as a panel discussion from:Greg Miller, Executive General Manager, Wealth Advice, NAB Chris Brycki, Founder and Chief Executive Officer, Stockspot Kate Jackson-Maynes, Partner, King & Wood Mallesons Dr June Smith, Lead Ombudsman, Investment and Advice, Financial Ombudsman Service Australia
Mon, 04 Apr 2016 - 34min - 33 - ASIC View Episode 6 - Commissioner Greg Tanzer on ASIC's latest enforcement report
On the latest episode of ASIC View, Commissioner Greg Tanzer speaks about ASIC's enforcement report for July-December 2015. He covers: - the key statistics from the report - major outcomes that support ASIC's priorities - ASIC's ongoing areas of focus - and much more. You can download the report here and read the media release here.
Wed, 30 Mar 2016 - 14min - 32 - ASIC View Episode 5: Limited AFS licences for accountants providing SMSF advice
From July 1st this year, accountants will need to have a limited AFS licence if they are providing SMSF advice. ASIC Commissioner Greg Tanzer talks to Hilarie Dunn about why this change is necessary and what it may mean for you. More information can be found at ASIC's Information Sheet 179.
Wed, 02 Mar 2016 - 07min - 31 - ASIC View Episode 4: Park Trent
Louise Macaulay (Senior Executive Leader, Financial Advisers at the Australian Securities and Investments Commission) speaks to the podcast about ASIC's recent case involving Park Trent. This episode covers:- Why ASIC decided to take action- How ASIC conducted its investigation- Information on Self-Managed Super Fundsand more.
Tue, 09 Feb 2016 - 12min - 30 - ASIC View Episode 3: Chairman Greg Medcraft on Culture
ASIC Chairman Greg Medcraft joins the podcast to talk about culture and its importance to the financial industry.
Fri, 18 Dec 2015 - 11min - 29 - ASIC View Episode 2: How ASIC deals with reports of misconduct
Warren Day (Senior Executive Leader, Assessment and Intelligence at the Australian Securities and Investments Commission) talks about what happens when you make a report of alleged misconduct or a complaint to ASIC.You can find more information in our Information Sheets:Reporting misconduct ASIC's approach to enforcement
Fri, 11 Dec 2015 - 15min - 28 - ASIC View Episode 1: Financial Services Enforcement
Tim Mullaly (Senior Executive Leader, Financial Services Enforcement at the Australian Securities and Investments Commission) talks about the work he and his team does, the methods they employ to achieve their goals and some of the emerging issues in the financial services sector.
Thu, 19 Nov 2015 - 11min - 26 - Episode 42: Registered liquidators and creditors
Nisansala Peries from ASIC’s Insolvency Practitioners team and Michelle Jakubauskas from ASIC’s Behavioural Research and Policy Unit join the podcast to discuss one way registered liquidators can help people who are owed money by a business (creditors) to navigate the complex landscape of an external administration. Download the letter and read more at asic.gov.au.
Wed, 19 Sep 2018 - 10min - 25 - Episode 41: ASIC's review of the credit card market
Michael Saadat, ASIC's Senior Executive Leader - Deposit takers, Credit and Insurance, joins the podcast to discuss ASIC's review into the credit card market in Australia. Read the Report Consultation Paper media release Review into Credit Card lending media release Transcript below: ----more---- Lara Heilbuth: Hello, and welcome to the official podcast of the Australian Securities and Investments Commission. In today's episode we'll be discussing ASIC’s review of the credit card market. My name is Lara Heilbuth and with me this time around is Senior Executive Leader of Deposit Takers, Credit and Insurers at ASIC, Michael Saadat. Michael, thanks very much for your time. Michael Saadat: Thank you Lara. Lara Heilbuth: So, ASIC has had a look at the credit card market – can you describe the market for us? Michael Saadat: Yeah sure thing. We’ve done a really big review of the credit card market and the report that we’ve published has lots of really interesting information in it. But just to give you some of the highlights. What we found as part of this review is that there were over 14 million open credit card accounts in Australia which has increased of over 300,000 since 2012. On those accounts, there’s about $45 billion in outstanding balances; and approximately $31 billion in balances on credit cards that is incurring interest charges. Consumers were charged over $1.5 billion in fees each year, including annual fees, late payment fees and other amounts for credit card usage. Lara Heilbuth: And what has ASIC’s review focussed on? Michael Saadat: We had 3 main focus areas as part of our review. The first was consumer outcomes. We wanted to identify the debt outcomes for consumers from their credit card products over time, with a particular attention to consumers who are in arrears, who carry debt at a high interest rate for a long period, or repeatedly make low repayments. Secondly, we wanted to look at balance transfers. We looked at when and how balance transfers are taken out, the repayment experience and their effect on credit limits and debt levels over time. And thirdly, we wanted to assess the effectiveness of key law reforms that were put in place a couple of years ago, including things like requirements for standardising how payments are allocated to outstanding balances. Lara Heilbuth: You mentioned you looked at consumer outcomes, how bad is credit card debt in Australia? And are consumers using credit cards wisely? Michael Saadat: What we found is that about 18% of people with a credit card are struggling with that credit card. And what we mean by that is that they are either missing payments, carrying a lot of debt or repeatedly repaying small amounts. This includes almost 550,000 people in arrears, an additional 930,000 in persistent debt and an additional 435,000 people who make repeated low repayments. And the reason we’ve looked at this group of consumers quite closely is because credit card products can be quite expensive and if you use a credit card in a way that it is not designed then you can end up paying quite a lot of interest over quite a long period and you can take a very, very long time to pay down your debt. And what we did was we identified that there were three groups of consumers at the greatest risk of falling into problematic debt, and that included young people who were more likely to have failed to make repayments on their credit cards; people with multiple cards were more likely to be struggling with credit card debt; and people who transfer balances are also at greater risk. Lara Heilbuth: Ok so balance transfers have been described as a debt trap. Are they? Michael Saadat: We looked at balance transfers quite closely as part of this review. Balance transfers allow consumers to transfer some or all of their credit card debt from one card to another. And through the review we looked at over 1 million balance transfers. We looked at balance transfers in detail because the Senate In
Tue, 03 Jul 2018 - 09min - 24 - Episode 40: SMSF advice
ASIC Senior Executive Leader Jo Bird joins the podcast to discuss a review of self-managed super funds, and to give some advice to consumers who are thinking of setting up an SMSF.Read the reports of this review Report 575: SMSFs: Improving the quality of advice and member experiences and Report 576: Member experiences with self-managed superannuation funds, and find out more about SMSFs on ASIC's MoneySmart. ----more---- INTRO: Hello, and welcome to the official podcast of the Australian Securities and Investments Commission. In today's episode we'll be discussing ASIC’s review of self-managed super funds. My name is Tessa Loftus and with me this time around is Senior Executive Leader of Financial Advisers at ASIC, Jo Bird. Jo, thanks very much for your time. Thanks Tessa. Q: So, can you tell me what the review was about? There were two aspects to our review. We did a research on the experience of consumers who set up an SMSF and we also did a review of the quality of advice provided to consumers who set up an SMSF So, first of all talking about the consumer research, there were two parts to that. We did some in-depth qualitative research with SMSF members and we also did an online survey of SMSF members. For the advice review component of our review on SMSFs we did file reviews of 250 randomly selected advice files that recommend consumers set up an SMSF. So, essentially, we looked at people’s experiences when setting up an SMSF and the quality of advice they got before they decided to set up an SMSF. Q: So let’s start by talking about the quality of advice then — what did you find in the file reviews? In 10% of the customer files reviewed, we found that the customer was likely to be significantly worse off in retirement as a result of following the advice they received. In a further 19% of the customer files we looked at, customers were at an increased risk of suffering financial detriment due to the lack of diversification of their SMSF. And then finally, in 62% of the customer files, advisers were unable to demonstrate that they had met their best interests duty – the customer might not actually have been worse off, but the adviser hadn’t demonstrated that the client would be better off as a result of following the advice. Q: So that’s a 91% advice failure rate — that’s pretty huge. What does that mean for consumers? It’s a very worrying failure rate, especially considering the importance of superannuation. The 31% of files where we considered there was likely to be significant financial detriment are obviously the most concerning, and we will be contacting the licensees who are responsible for that advice to make sure they review all their advice and remediate customers as necessary. Q: Does that mean there will be regulatory action arising from these advice reviews? ASIC has taken significant action in relation to SMSFs and the advice provided to SMSF members. In fact, there is a summary of the action we’ve taken in the report that we’ve released. We’ve taken action in relation to SMSF one stop shops and we are continuing to focus on those because of the conflict of interest inherent in that business model. In fact, we’re working on a number of enforcement matters that involve one stop shops at the moment. We’ve also highlighted risks of aggressive marketing around SMSFs and have taken and are taking enforcement action in response to that marketing. We won’t be taking action in all cases of bad of advice uncovered in the work we did for this recent review. And that’s because this review was actually a large research project and we looked at a random sample of advice. So, that meant for most advisers we only saw one piece of advice file that they had provided. We generally don’t take enforcement action in relation to one piece of poor advice. But as I said, we will be following up with the licensees to make sure the consumers are remediated. However, where in the project we saw multiple pieces of poor adv
Thu, 28 Jun 2018 - 10min - 22 - Episode 37: Scott Farrell on open banking
Scott Farrell, Partner at King & Wood Mallesons, joins ASIC SEL Michael Saadat on the podcast to discuss open banking. Scott headed up the Australian government's review into open banking and was asked to recommend the most appropriate model for open banking in Australia.
Mon, 30 Apr 2018 - 10min - 21 - Episode 36: ASIC's Stretch RAP
On 17 April 2018, ASIC launched its Stretch Reconciliation Action Plan. On this episode, we're joined by Danille Abbott, Chair of ASIC's RAP Strategic Committee and RAP Working Group and descendant of the Wirlomen Noongar people, to talk about the goals of the stretch RAP and ASIC's commitment to reconciliation.
Tue, 24 Apr 2018 - 03min - 20 - Episode 35: Ian Yates
Ian Yates, Chief Executive of the Council of the Ageing Australia, joins ASIC Deputy Chair Peter Kell on the podcast to discuss preparing financially for retirement. Visit ASIC's MoneySmart website for more information on retirement income planning. Click through for transcript: ----more---- Transcript: Peter: Hello and welcome to the official podcast of the Australian Securities and Investments Commission. My name is Peter Kell and I'm joined this time around by Ian Yates, who is the Chief Executive of the Council of the Ageing Australia and one of the terrific people who we rely on to provide ASIC with insights into the whole area of retirement. Today, we've asked Ian to talk about preparing financially for retirement. Ian, thanks very much for joining us. Ian: It's a pleasure and thank you for having me. Peter: As Chief Executive of COTA, Council of the Ageing, can you tell us Ian what are the main financial issues concerning your members and how does the issue of trust play out in the sector? Ian: Peter, the financial issues facing our members are quite diverse because older Australians are very diverse and some people come off of a period of essentially either retirement or semi-retirement onto an age pension and their primary issues are living on that budget. Others come for the first time in their lives to a retirement perhaps a bit unexpectedly and receive access to superannuation benefits which is a lump sum even though it's still not a mature system, that's larger than they've had ever before, probably even larger than what they've put as a deposit on their house. And then there's what do they do with it? And frequently, that question leads people, if I can say, into making often inappropriate choices. For example, following the global financial crisis, we had a lot of people who without advice capitalised their losses, took their money out and put it in term deposits, and who now regularly tell us that they can't live off the income from their term deposits. So I think it's, actually, one of the biggest issues, is coming into retirement without preparation. And then the third would be people who are subject to, sometimes actual scams, but often just inappropriate products and services, some of which are risky, others of which may be quite genuine products but weren't appropriate to them. Peter: That's a good introduction into the next question, Ian, that I had for you and it's around getting good advice. Because as you've said, there's certainly a degree of complexity out there in the financial situation that confronts older Australians, a complexity in many of the products they're facing, so how can older Australians be confident they are getting good advice? Ian: At one level, Peter, the answer to that is that it's difficult because we are just in the process now of developing a better financial advice system and until we have people who the public generally understands what their training and accreditation is, and means, and indeed until we have that accreditation very properly reflecting specialities. For example, not every financial advisor understands how to advise someone of the complexities of a retirement villages contract, and yet that can have significant financial complications. A relatively simple on paper choice of someone paying for an elderly relative's aged care entry either through a refundable accommodation payment or a daily payment actually can have quite significant financial implications for a family with a whole lot of interconnected financial arrangements. For some people it's straightforward, and for others it's not. So I look forward to a situation where we have a much stronger regulated and trained advisory force, because I think it's really critical. Very few people - we can tell them to do it - but very few people plan many years ahead. So you actually need that advice available at the right time when people are motivated to access it. I think superannuation funds have a
Wed, 18 Apr 2018 - 09min - 19 - Episode 34: Mark McCrindle
Social researcher Mark McCrindle joins the podcast to discuss home ownership and the changing Australian dream, which was a topic of discussion at ASIC's 2018 Annual Forum.
Thu, 12 Apr 2018 - 07min - 18 - Episode 33: Close the Gap
On 16 March 2018, ASIC held a Close the Gap event featuring two leading Indigenous entrepreneurs: Liam Ridgeway, co-founder of Ngakkan Nyaagu (NGNY), an Indigenous digital enterprise Jasmin Herro, founder of Outback Global, a leading Indigenous supplier of workwear The Close the Gap campaign aims to create equality in health between Indigenous and non-Indigenous Australians. This campaign also measures progress in economic development and employment, and these aspects were the focus of ASIC's event. Liam and Jasmin were also kind enough to speak on our podcast after the event. In the episode, you will hear from Liam and Jasmin about how and why they started their businesses and what impact they seek to have as Indigenous entrepreneurs. Transcript Host: Hello and welcome to the official podcast of the Australian Securities and Investments Commission. In today’s episode we will be talking to two outstanding Indigenous entrepreneurs who we’ve just heard from at our Close the Gap event here in Sydney today. My name is Justine Butler, and with me are Jasmin Herro, CEO of Outback Global, and Liam Ridgeway, founder of NGNY, an Indigenous digital enterprise. Thanks very much for your time today, let’s start with Liam. Liam, you started your IT career with Microsoft and were extremely successful there, what did it take to leave such a big enterprise and start out on your own? Liam Ridgeway: It was quite interesting. It took a lot of, I guess a lot of guts. In fact, there was lots of late nights, lots of thinking about whether I should pursue this or not. It sort of came off the back of an idea from a conversation that I had with a colleague of mine at Microsoft to I guess pursue a business idea and leave Microsoft, and, I think it literally took me maybe nine months to actually build up the courage to go and actually explore the opportunity to start my own business. And it was very stressful, I had to also convince my partner at the time, who is now my wife, that this was the journey that I wanted to take and that my potential was going to be far higher going on this journey and starting my own business as opposed to working just in a corporate role, and I also wanted to make more of an impact, and so that was the thing that actually helped me convince myself that by having my own business I could have more of an impact in the Indigenous community, but also across Australia and potentially across the globe as well. Host: The question, or possibility, for impact came up in the talk today and Jasmin I believe you’re very much motivated by making an impact around Indigenous culture in both Indigenous and non-Indigenous communities, perhaps you’d like to tell us a bit more about that. Jasmin Herro: Thanks Justine. Yes, I think there’s an unwritten law that Indigenous businesses must give back to community, and must show a social impact, and if not, now. And I think one of the reasons why I took time out to think about the social impact that I wanted to leave, which was not just about writing a cheque for money, but leaving a legacy for others that would outlive me and even my project. And one of the things as a parent, my children always struggled with was ‘how do I explain who I am, and where I’m from?’. And I think the other side of that was how do the teachers try to include Indigenous culture into the classroom? So as a parent myself, I thought, I was getting a little tired of teachers asking me, ‘so, um, what do you think we should do for NAIDOC Week this year?’. And I think that started me thinking about ‘how could I make it easy for my children to explain about their culture, and how could I make it easy for the teachers and the other students to understand how interesting it was?’. And so that’s why I embarked upon the Teter Mek project and indeed writing the books, and creating the workbooks and teachers’ resources to go with it. Host: That kind of leads me back to this kind of broad question that we have about, ‘how d
Wed, 28 Mar 2018 - 08min - 17 - Episode 31: Conflicts of interest in financial advice
ASIC Senior Executive Leader Jo Bird joins the podcast to talk about the results of Report 562: Financial advice: vertically integrated institutions and conflicts of interest, a new report into conflicts of interest in financial advice at the biggest financial institutions in Australia. Read the Report
Mon, 05 Feb 2018 - 06min - 16 - Episode 30: Risk management systems
ASIC Senior Manager Tim Walker joins the podcast to discuss Regulatory Guide 259, the importance of well-implemented risk management systems, and ASIC's expectations in this area.
Fri, 19 Jan 2018 - 07min - 15 - Episode 28 - ASIC's Data Strategy
ASIC's Chief Data Officer John Wallace joins the podcast to discuss ASIC's 2017-20 Data Strategy. You can read the data strategy at ASIC's website.
Tue, 19 Sep 2017 - 06min - 14 - Episode 27 - ASIC's approach to small business
ASIC Commissioner John Price joins the podcast to discuss ASIC's approach to small business, including ASIC's 2017-2020 Small Business Strategy.
Fri, 08 Sep 2017 - 04min - 13 - Episode 26: Investors and initial public offerings
Jane Eccleston, ASIC Senior Executive Leader, Corporations, joins the podcast to discuss ASIC's recent report into investors and initial public offerings. Both the media release and the report can be found here.
Thu, 31 Aug 2017 - 06min - 12 - Episode 25: Crowd-sourced funding
ASIC Commissioner John Price joins the podcast to discuss recent law reform around crowd-sourced funding and ASIC's role in administering the new legislation. ASIC is currently inviting submissions on Consultation Papers 288 and 289. Any submissions, queries or comments can be sent to csf@asic.gov.au. (Submissions are due by 3 August 2017.)
Thu, 20 Jul 2017 - 06min - 11 - Episode 24: Paul Muthaura, Chief Executive of the Capital Markets Authority in Kenya
Paul Muthaura, Chief Executive of the Capital Markets Authority in Kenya, joins the podcast to talk about the relationship between technological innovation and regulation, particularly in terms of the M-Pesa, a mobile-based financing service in the Kenyan economy.
Wed, 03 May 2017 - 11min - 10 - Episode 23: Stories from the market integrity beat
Two members of ASIC's Market Integrity Team, Tom Veidners and Wendy Prince, join the podcast to talk about some of the work they undertake, including a few recent examples. For more about ASIC's market integrity work, you can subscribe to our Market Integrity Update.
Mon, 01 May 2017 - 08min - 5 - Episode 38: Van Le
Van Le, Director of Innovation and Strategy at Xinja, was a guest at ASIC's Annual Forum in March 2018. She made time to join us on our podcast to discuss open banking. You can read the full transcript of the interview below. ----more---- Host: Hello and welcome to the official podcast of the Australian Securities and Investments Commission. With me today to discuss open banking is Van Le, director of innovation and strategy at Xinja. Van, welcome. Van Le: Thanks very much for having us. Host: So to start us off, can you tell me a little about what open banking is and how it’s going to change banking as we know it? Van Le: I think one of the most exciting opportunities with open banking is that it will enable customers to safely and securely share data about their finances in their banking, which will enable service providers to provide much better choice and transparency so that people can make much better decisions, much more informed and transparent decisions, around what’s best for them. Host: So this is sort of about competition and consumer choice, would you say? Van: Absolutely, in a way that empowers consumers more than ever before because the options and choices available to them can now be provided in the context of genuine data and more complete data around what those options mean for someone’s financial future. Host: And you can tell me a little bit about how Xinja fits in to this idea and what your vision for banking in the future in Australia is? Van: Absolutely. What we’re really interested in doing is creating a banking service that helps people make better choices with their money and key to that is being able to provide the information that customers need in real time – information that provides a complete picture of where someone’s financial situation is and information that’s put in context of what matters to people and what they really care about so that it takes away the stress and the overwhelm of making those financial decisions. Host: So there’ll be a lot of, I would think, social and demographic components that fit in to this concept, what about issues with people who don’t have such good access to the Internet, what about people who are less financially savvy, what about elderly people, people with disabilities, people who live in rural areas – how are you planning to address the demographic impacts? Van: A common theme in terms of what we’re looking to do at Xinja is bringing humanity back to banking, and part of that is making it possible for anyone, everyone, to access the kinds of services that you used to be able to get when you had a bank manager available down the street – someone who knew your character, someone who knew your finances and someone who could talk you through what’s best for you and what your options are. We think for many customers technology provides us the opportunity to bring even more humanity to those decisions and provide more transparency and fairness, and we also recognize that there are a number of customers who don’t have similar levels of access to technology and digital channels. That’s why for us when we say that we believe people should be able to do all their banking from their mobile phone, it’s not limited to apps, it also means you can still call someone and interact with another human being to be taken through what those options and opportunities are. Host: Obviously with the kind of setup that you’re talking about, privacy and information security will be a really strong focus for you. Can you tell me a little bit about how you’re going to approach that? Van: Yes, absolutely. It begins with bringing the best that technology has to offer in terms of protecting the data that we do have. Part of that is about managing that balance between giving consumers access and control over their data and providing the freedom to share that without exposing customers to unnecessary risk. So for example, we don’t expect that customers should have to hand over
Fri, 04 May 2018 - 08min
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