ASIC enforcement steps up a gear
ASIC has reported on its enforcement results over the first half of 2016, as well as setting the scene for its enforcement priorities in the second part of 2016.In the first six months of 2016, ASIC issued 65 infringement notices in relation to consumer credit, requiring payment of penalties totalling A$739,500. One of the largest offenders was car finance provider BMW Australia Finance Ltd, which paid penalties totalling $391,000 and had a condition placed on its Australian credit licence over breaches of responsible lending rules in 2014 and 2015.The other big ticket consumer result was against Australia and New Zealand Banking Group, which paid penalties totalling $212,500 in relation to the way its overdraft facility, known as 'ANZ Assured', was marketed to existing customers.ASIC has also been catching up with the major banks' shortcomings amongst their respective wealth management divisions. It undertook investigations into the Big Four and Macquarie.The focus of ASIC's enforcement activity over the next six months - from 1 July to 31 December 2016 - will be on three areas: (a) market integrity (conduct risk and serious breaches, indicating poor corporate culture; misuse of cross-border services and transactions); (b) failure by corporations to respond appropriately to the threat of malicious cyber activity; and(c) aspects of the Future of Financial Advice reforms, notably the requirement that all advisers to act in the best interests of their clients. A significant component of this work falls within ASIC's Wealth Management Project. This project aims to lift the standards of major financial advice providers - in particular, the quality of their advice and the remediation of clients who have suffered loss as a result of their failure or action, ASIC reported.