Senate committee supports FOFA changes
The Senate Economics Legislation Committee has given its support to all the government's proposed amendments to the Future of Financial Advice rules in the Corporations Act.The government's amendment removes the catch-all obligation on providers to act in the best interests of the client.The committee said it was persuaded by the evidence presented in submissions that consumer protections contained elsewhere in the legislation mean that the removal of the catch-all provision would not dilute the best interest duty The government also proposes to broaden the exemptions that apply to the ban on conflicted remuneration. Exemptions include broadening the basic banking exemption so that it can be accessed when advice on other simple financial products is provided at the same time as advice on a basic banking product or insurance product.The committee said it accepted that the current law needed to be changed to remove unnecessary complications associated with the provision of general advice. However, it said there was confusion about the proposed changes and the government needed to provide greater clarity about the implementation of the exemptions.The committee also supported removal of the opt-in provision, which currently requires that a financial adviser with an ongoing fee arrangement must obtain a client's agreement at least every two years to continue the arrangement.And it supported the proposed change to the fee disclosure rule, which currently requires planners to give all clients a fee disclosure statement. Under the proposed amendment that rule would only apply to arrangements entered into after July 1, 2013.