Preliminary review of over regulation in Australian financial services

Michael A. Adams, Angus Young, Marina Nehme

    Research output: Contribution to journalArticle

    Abstract

    This article examines a preliminary review and the limited evidence of over-regulation in Australian financial services. The 1997 Wallis Report and the CLERP 6 paper, resulted in the amendments to Ch 7 of the Corporations Act 2001 (Cth) by the Financial Services Reform Act. Nearly a decade later the system based upon ââ"šÂ¬Ã‹Å“one-size fits allââ"šÂ¬Ã¢"žÂ¢, dual track regime and a consistent licensing regime has greatly increased the costs of compliance. In the area of enforcement there has not been a dramatic change to the effective techniques applied by ASIC over other agencies, such as APRA. In particular there are clear economic arguments, as well as international experiences which state that a single financial services regulator is more effective than the multi-layered approach adopted in Australia. Finally, in the superannuation area of financial services, which is worth A$800 billion, there is unnecessary dual licensing and duplicated regulation, with little evidence of any consumer-member benefit, but at a much greater cost.
    Original languageEnglish
    JournalAustralian Journal of Corporate Law
    Publication statusPublished - 2006

    Keywords

    • Australia
    • compliance
    • financial services
    • over-regulation
    • regulation

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