Hayne's challenge for super trustees
A truckload of policy changes were aired by counsel assisting the royal commission in final submissions on the superannuation round, many of them adverse for banks and the viability of their retail super products.Political AdvertisingIs it consistent with the intention behind section 62 of the SIS Act? Is any amendment to the SIS Act warranted?Is there identifiable detriment to consumers from advertising by super funds or particular advertising (such as Fox and Henhouse)? Is there identifiable benefit to consumers from advertising by super funds or particular advertising?Default fund marketing mischiefIs it appropriate to widen the prohibition on inducements by super funds, for example, at the time of selecting or promoting a default fund?How wide should the prohibition be - should it extend to prohibiting providing benefits to employers for the purpose, or with the intention, of inducing the selection of the fund as the default fund for employees, or affecting the decision, or being likely to induce or affect?Are there matters of principle that would justify such a change? Are there problems that would arise in the application of the law?Payments from external responsible entities of managed investment schemesIs it appropriate for the trustee of a superannuation funds to retain payments from the responsible entity of a managed investment scheme where that payment is derived from the investment of members' money?Selling of super in bank branchesIs it appropriate that superannuation be sold through bank branches? Is it reasonable to think that there is any prospect that this is likely to produce an outcome that is in the best interests of consumers?Are there reforms that are required to address this problem (if it is a problem) or are the existing laws with respect to personal financial advice and general financial advice sufficient?What is the nature of the "advice" that a customer of a bank receives when told by a bank branch staff member about the availability of a superannuation product offered by a bank?Engagement by superannuation funds with first nationsAre the identification procedures used by superannuation funds appropriate for their Aboriginal and Torres Strait Islander members?Should those superannuation funds who do not currently permit the early release of superannuation on the basis of severe financial hardship do so?Should the categories of person permitted by legislation to be the subject of a binding nomination be changed to reflect Aboriginal and Torres Strait Islander kinship structures? If so, how should the categories be broadened?Discretion to appoint and remove directorsIs it appropriate for shareholders of RSE Licensees to retain a broad discretion to appoint and remove directors? Or should there be an obligation imposed on shareholders to exercise such powers in the best interests of the members?Relationship between trustees and financial advisersAre legislative interventions to remove grandfathered commissions and ongoing service fees from superannuation accounts appropriate? If so, why? If not, why not?Are there possible detrimental effects on the provision of high quality financial advice by such changes? If it is said that there are such detrimental effects, then the detriments and the reasons