AST ASIC Quality Advice Consultation


On Nov. 17, AST ASIC issued consultation on giving consumer advice.


  • ASIC issued consultation entitled Promoting access to affordable advice for consumers.
  • Follows AST ASIC Aug. 2019 report on giving good value financial advice, see #64255.
  • Consultation Scope
  • Seeks input on issues and impediments to supply of quality affordable personal advice, provided from financial advice industry or other stakeholders, and how to improve this.
  • Review is part of broader ASIC work on improving consumer access to personal advice.
  • Focus is on access to limited advice, which does not cover all areas relevant to a client.
  • Information on providing limited, digital and strategic advice is of particular interest.
  • Also sought input on how to make example statements of advice (SOAs) more helpful.
  • Cited regulatory guide RG 244 Giving information, general advice and scaled advice.
  • Regulatory guide RG 90 Example Statement of Advice: Scaled advice for a new client.
  • Consultation End
  • Comments to be received by Jan. 18, 2021, to hold roundtables in Q1 2021 to discuss.
  • Jul. 2021 Responses
  • On Jul. 1, 2021, AST ASIC released an infographic summary of responses to CP 332.
  • The response to CP 332 was unprecedented, with ASIC receiving 466 submissions from financial advisers, licensees, industry associations and relevant stakeholders.
  • The infographic sets out the key issues raised by respondents in their submissions.
  • Key feedback areas included majority of respondents preferred term limited advice.
  • And a majority of respondents felt strategic advice could benefit consumers.
  • Key issues in providing strategic advice included uncertainty about legal requirements, concern about providing compliant strategic advice, more ASIC guidance is needed.
  • And issues of licensees limiting adviser ability to provide strategic advice.
  • Dec. 2021 Information Sheet
  • On Dec. 1, 2021, AST ASIC released an information sheet on limited advice and an example statement of advice (SOA) to assist financial advisers and advice licensees.
  • To comply with obligations when providing limited personal advice to retail clients.
  • INFO 267: Tips for giving limited advice provides tips and summarizes the relevant guidance from regulatory guide 175 licensing: financial product advisers-conduct and disclosure and regulatory guide 244: giving information, general advice, scaled advice.
  • INFO 267 includes information on what advice providers can do to meet their obligations under the law, including the best interests duty and related obligations.
  • As well as the Financial Adviser Standards and Ethics Authority (FASEA) financial planners and advisers code of ethics (code of ethics) when giving limited advice.
  • Aims to provide regulatory certainty to industry and help reduce compliance costs.
  • The SOA is annotated to help advisers understand the relevant requirements under the corporations act 2001, follows ASIC’s guidance and example records, see #120643.
  • Dec. 7, 2021 Advice Licensee/Advisor Hub
  • On Dec. 7, 2021, AST ASIC launched advice licensee/advisor financial advice hub, in response to CP 332 consultation feedback that AST ASIC guidance was hard to find.

Regulators AST ASIC
Entity Types B/D; Bank; CNSM; IA
Reference PR 12/7/2021; PR 21-325MR, INFO 267, 12/1/2021; Rsp, PR 7/1/2021; CP 332, PR 20-285MR, 11/17/2020; Citation: RG 244; RG 90;
Functions Compliance; Legal; Product Design; Risk; Sales Practices; Suitability
Countries Australia
Category National Regulator
State
Products Banking; Fund Mgt; Securities; Wealth Mgt
Regions AP
Rule Type Guidance
Rule Date 11/17/2020
Effective Date 12/1/2021
Rule Id 90919
Linked to Rule :64255
Reg. Last Update 12/7/2021
Report Section International

Last substantive update on 12/08/2021