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Review of the Privacy (Credit Report) Code 2014

11 February 2022

The ABA generally considers that the CR Code works well to meet the competing objectives of privacy versus economic effectiveness.

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BCCC Priorities for 2022-23

8 February 2022

The ABA provides input to the Banking Code Compliance Committee (BCCC) consultation on its 2022-23 compliance priorities. In addition to its response on the six consultation questions, the ABA acknowledges the critical role the BCCC plays in both monitoring and enforcing banking sector compliance with the Banking Code of Practice and identifying best practice for banks to help achieve compliance in the best interests of customers. The ABA also acknowledges the BCCC submission to the Banking Code Triennial Review and looks forward to working closely as the ABA leads the development of an updated Code.

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AASB ITC 48 Extended External Reporting

7 February 2022

This submission responds to the Australian Accounting Standards Board consultation on extended external reporting (ITC 48.)

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CP354 Simple Hardship Arrangements

1 February 2022

The ABA requests confirmation from ASIC that a temporary financial hardship arrangement agreed under the Credit Reporting Code does not require a credit provider to send a ‘rejection notice’ under section 72(4)(b) of the National Credit Code. Once ASIC provides this confirmation, we consider that there is no real need for the continuation of the simple arrangement exemption in its current form.

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Improving the technology neutrality of Treasury portfolio laws

13 December 2021

The ABA remains very supportive of the Treasury’s ongoing efforts to improve the technology neutrality of the Treasury portfolio and look forward to further engagement on this, and subsequent, tranches of legislative change. Industry’s main comments regard allowing: • (under National Credit Code (NCC)) the ‘publish and notify’ and ‘in any other way agreed to’ methods of communications which are permitted under the Corporations Act; • more than one address to be used at any given time, which may be appropriate depending on the type of communications; and, • communications via secure portals instead of an email address, as securely housing certain notifications and communications within the credit providers (CP) information system, where it can be retrieved by customers after appropriate authentication, better balances the need for accessibility, security and technology neutrality.

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Online Privacy Bill Consultation

6 December 2021

The ABA strongly recommends the Bill be amended to apply the OP Code more clearly and narrowly to the digital platforms on which the Inquiry focussed and the banking sector be expressly excluded from the definition of OP Organisations. The annexure provides detail in support of the recommendation. Additionally, in part two of the annexure we make suggestions in relation to the OP Code development, the OP Code scope and drafting matters relating to the Bill.

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ARNECC – Modification of the Electronic Conveyancing National Law

24 November 2021

The ABA welcomes the changes included in the consultation draft and have some minor comments, contained in the attachment, regarding aspects of the drafting where further consideration may be warranted. The ABA is available to assist ARNECC in considering these issues.

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Digital Identity Legislation

27 October 2021

ABA reiterates our view that there is significant potential economic benefit in the government’s digital identity initiative for consumers and businesses. The development of both government and private sector digital identity systems is needed to achieve wider adoption, and therefore realise the potential economic benefits of this government policy. That will continue to depend on whether the proposed legislative framework provides clarity, ensures robust privacy safeguards for users, provides flexibility to innovate and incentives to participate, while minimising the potential for conflicting or inconsistent data and privacy obligations for participants.

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Modernising Document Execution

8 October 2021

Currently, significant delay, financial costs and opportunity costs result from the need to sign and witness deeds and statutory declarations on paper; these costs also result from inconsistent and uncertain regulations under Commonwealth, State and Territory laws. The ABA strongly advocates for the reforms to remain technology neutral and provide a single, consistent approach to executing deeds and statutory declarations. Otherwise the reforms may make it harder to use, and therefore disincentivise the use of, electronic execution.

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Insolvent Trading Safe Harbour

1 October 2021

Key points: • The eligibility requirements to trigger the safe harbour protections are too onerous and should be amended • Use of the safe harbour should be made more cost effective • The safe harbour regime would be improved by reducing complexity and providing more certainty in interpretation • The safe harbour regime should provide for better incentives for the involvement of professional advisers • Provide for advice to be obtained from a registered liquidator to ensure that it is appropriate • Increase awareness of the safe harbour regime • Any changes to the disclosure requirements for safe harbour should recognise that disclosure of the safe harbour restructuring plan is not appropriate in all circumstances • Consider shifting the burden of proof to establish safe harbour defences to insolvent trading

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