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COMMONWEALTH OF AUSTRALIA Official Committee Hansard JOINT COMMITTEE ON CORPORATIONS AND FINANCIAL SERVICES Reference: Banking and financial services in rural, regional and remote areas of Australia WEDNESDAY, 26 FEBRUARY 2003 MELBOURNE BY AUTHORITY OF THE PARLIAMENT INTERNET The Proof and Official Hansard transcripts of Senate committee hearings, some House of Representatives committee hearings and some joint com- mittee hearings are available on the Internet. Some House of Representa- tives committees and some joint committees make available only Official Hansard transcripts. The Internet address is: http://www.aph.gov.au/hansard To search the parliamentary database, go to: http://search.aph.gov.au JOINT COMMITTEE ON CORPORATIONS AND FINANCIAL SERVICES Wednesday, 26 February 2003 Members: Senator Chapman (Chair), Senator Wong (Deputy Chair), Senators Brandis, Conroy and Murray and Mr Byrne, Mr Ciobo, Mr Griffin, Mr Hunt and Mr McArthur Senators and members in attendance: Mr Ciobo and Mr Hunt and Senators Brandis, Chapman, Murray and Wong Terms of reference for the inquiry: To inquire into the level of banking and financial services available to Australians living in rural, regional and remote areas of Australia with particular focus on the following: (a) options for making additional banking services available to rural and regional communities, including the potential for shared banking facilities; (b) options for expansion of banking facilities through non-traditional channels including new technologies; (c) the level of service currently available to rural and regional residents; and (d) international experiences and policies designed to enhance and improve the quality of rural banking services. WITNESSES BARBER, Mr William, Investment Manager, Latrobe City.................................................................... 273 BECK, Mr Anthony Joseph, National Secretary, Finance Sector Union of Australia........................... 265 BROOKS, Mr Walter Richard, Executive Director, Council of Small Business Organisations of Australia ........................................................................................................................................................ 286 EDWARDS, Mr Troy, Senior Adviser, Public Policy, Municipal Association of Victoria .................... 273 FRANCIS, Mr Christopher Michael, Director, Organisation Strategy, City of Ballarat...................... 273 GUERIN, Mr Michael Shane, Head of Rural Banking, ANZ................................................................... 216 HARPER, Professor Ian Ross, Sidney Myer Professor of Commerce and Business Administration, Assistant Director and Dean of Faculty, Melbourne Business School ......................... 228 JOHNSTON, Mr Ian, Executive Director, Financial Services Regulation, Australian Securities and Investments Commission ...................................................................................................................... 207 MOORE, Mr Stan, Interim Chief Executive Officer, Australian Retailers Association........................ 292 MOORE, Mr Timothy John (Private capacity)......................................................................................... 256 NASH, Ms Jane, Head of Government and Regulatory Affairs, ANZ .................................................... 216 VAMOS, Ms Pauline, Director, Financial Services Regulation Licensing and Business Operations, Australian Securities and Investments Commission............................................................. 207 YU, Miss Kerry, Policy Adviser, Municipal Association of Victoria ....................................................... 273 Wednesday, 26 February 2003 JOINT CFS 207 Committee met at 9.17 a.m. JOHNSTON, Mr Ian, Executive Director, Financial Services Regulation, Australian Securities and Investments Commission VAMOS, Ms Pauline, Director, Financial Services Regulation Licensing and Business Operations, Australian Securities and Investments Commission CHAIRMAN—The committee will commence its inquiry into the level of banking and financial services available to Australians living in regional, rural and remote areas. To date, 131 submissions have been received. The committee expresses its gratitude to all of those who have assisted it so far in its inquiry and, although the date for the receipt of submissions is closed, the committee welcomes and is still accepting late submissions. Submissions are available from the Parliament House web site or, alternatively, the secretariat can send a hard copy of a submission to those who wish to obtain it. Before we commence taking evidence, may I reinforce for the record that all witnesses appearing before the committee are protected by parliamentary privilege with respect to the evidence they give. Parliamentary privilege refers to the special rights and immunities attached to the parliament or its members and others necessary for the discharge of parliamentary functions without obstruction and fear of prosecution. Any act by any person which operates to the disadvantage of a witness on account of evidence given by him or her before parliament or any of its committees is treated as a breach of privilege. Unless the committee should decide otherwise, this is a public hearing and, as such, all members of the public are welcome to attend. We will be continuing with a public hearing in Melbourne tomorrow. I now welcome the representatives from the Australian Securities and Investments Commission. As I have already indicated, this is a public hearing and, therefore, the committee prefers that all evidence be given in public, but if at any time you wish to give part of your evidence in private that can be a request to the committee and we will consider moving into camera. Having said that, I invite you to make an opening statement, following which we will proceed to questions. Mr Johnston—Senator, on this occasion we are happy to proceed to questions. CHAIRMAN—I note that you issued a new draft of PS146 on 22 January and, according to what you have said, the revision will provide greater flexibility to licensees in the development and assessment of training courses for basic deposit products and related non-cash payment products. It removes the need for basic deposit product training courses to be assessed by an authorised assessor and placed on the ASIC training register. You have also said that this change will relieve licensees of having to arrange a course assessment by a registered training organisation. How has that update been received by approved deposit taking institutions, especially the smaller ones such as credit unions, who are particularly concerned about this issue and about which this committee has been particularly concerned over an extended period of time? Mr Johnston—We have presented these changes to the various parties that are affected. We meet with the industry bodies on regular occasions, as I think you are already aware. We presented them, for example, at their industry conference at the time that we first mooted these changes, and that was warmly received. In my interactions with industry bodies and the CORPORATIONS AND FINANCIAL SERVICES CFS 208 JOINT Wednesday, 26 February 2003 interaction of our staff with industry bodies, they have been well received. Having said that, I do not think there is any doubt that these changes affect a sector that seem to have the view that this whole provision of the law should not apply to them at all. There is always that gloss over their acceptance but the changes have been well received. CHAIRMAN—I note from your published statement that the licensee will remain responsible for ensuring that the course meets the required standard. How will you monitor the effectiveness of training courses that are not assessed by an authorised assessor or placed in the ASIC training register? Mr Johnston—I will go back a step to why we did this in the first place. I mentioned in the media release when we issued the revised policy that we were responding to concerns expressed by the industry. We then looked at our own observations of the industry, of course. We do not simply respond to their concerns without verifying them. We also responded to the comments made by this committee and the fact that the intent of the legislation is clearly that basic deposit products have some sort of different treatment, because the law provides different disclosure requirements. When we reframed the policy to try to make this more flexible, particularly for smaller and more remote area deposit-taking institutions, we wanted to make sure that we were not actually lessening the standard, but simply facilitating and making it easier for them to comply with the standard that is required under the act and under our own policy. To ensure that there is no lessening of standard, we do need to verify that the standards are being maintained. We would anticipate that we would have what we call a surveillance program, but it is really a compliance program, verifying that the training is being properly provided. We might get a registered training organisation to review some of the material from time to time to make an assessment of it, but that is something that we would then be doing rather than requiring the licensee to undertake that activity. It would be a series of compliance visits, having a look at the material, perhaps bringing the material in-house and asking a registered training organisation to look at it. CHAIRMAN—One of the issues that the committee is examining
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