Chapter 2

Financial Sector Reform Bills
Table of Contents

Chapter 2

The Bills

Introduction

2.1 These bills are part of the Government's reforms initiated in response to the Wallis inquiry into the financial system. The first stage of these reforms were incorporated in legislation introduced during 1998 and included the creation of a single prudential regulator, the Australian Prudential Regulation Authority (APRA), the strengthening of Australia's payments system with the creation of a Payments System Board within the Reserve Bank, and a refocusing of disclosure and consumer protection through the Australian Securities and Investments Commission (ASIC).

Financial Sector (Transfers of Business) Bill 1999

2.2 The Financial Sector (Transfers of Business) Bill 1999 introduces new powers to allow the Australian Prudential Regulation Authority to:

1.9 These provisions provide an effective prudential regulation tool to facilitate a quick and efficient transfer of business in the case of financial distress, with the aim of preventing further losses, and maintaining investor confidence in the financial services industry. [1]

Financial Sector Reform (Amendments and Transitional Provisions) Bill 1998

2.3 In his second reading speech, the Minister for Financial Services and Regulations, the Hon Joe Hockey MP, explained that the purpose of this bill is to provide for the transfer of regulatory responsibility from the states and territories of Australia to the Commonwealth of building societies, credit unions and friendly societies. The Government's view is that this bill will allow building societies and credit unions to better compete with banks and to operate outside their existing state and territory boundaries.

2.4 The bill will also provide a single regulatory framework for life insurance companies and friendly societies, while recognising the special features of friendly societies. The amendments also strengthen regulation for life insurance and increase the flexibility of its application.

2.5 About 20 building societies, 237 credit unions and 85 friendly societies will be involved in the regulatory transfer. These organisations represent 1,326 branches nationally, with $38 billion in assets and 12,420 employees.

2.6 The bill also proposes to make sundry minor amendments to correct errors that have been detected in the relevant acts and to improve consistency.

Income Tax Rates Amendment (RSAs provided by Registered Organisations) Bill 1999

2.7 As part of the Financial Sector Reform, it is proposed to allow friendly societies to operate retirement savings accounts (RSAs). The Financial Sector Reform (Amendments and Transitional Provisions) Bill 1999 proposes to amend the Income Tax Assessment Act 1936 (the Tax Act) to recognise the RSA business of friendly societies and other registered organizations. This Bill amends the Income Tax Rates Act 1986 (the Rates Act) to specify the rates of tax that apply to the RSA business of registered organizations. [2]

Further information about the bills

2.8 The above material represents only a broad summary of the Government's intentions in the bills. More comprehensive explanations of the bills may be found in the:

Footnotes

[1] Extracted from Explanatory Memorandum

[2] Extract from Explanatory Memorandum.