Financial services
AFSL holders' obligations, Design and Distribution Obligations, Internal Dispute Resolution (RG 271), breach reporting, responsible lending, and product intervention powers.
25
Obligations
4
Regulators
20
Recent enforcement
Regulators
Obligations (25)
- criticalCWLTHcurrentConsumer Credit Hardship Notice (NCC ss 72-73)
Credit providers must respond to hardship notice + assess variation request.
- criticalCWLTHcurrentComply with NCCP responsible lending obligations
Credit licensees must not enter into credit contracts unsuitable for the consumer.
- criticalCWLTHcurrentComply with Design and Distribution Obligations (DDO)
Issuers and distributors of retail financial products must have a Target Market Determination (TMD) and distribute consistently with it.
- criticalCWLTHcurrentMortgage broker best interests duty
Brokers must act in the consumer's best interests when providing credit assistance.
- criticalCWLTHcurrentMaintain AFCA membership (mandatory external dispute resolution)
AFSL + ACL holders must be members of AFCA — sole AU EDR scheme.
- criticalCWLTHcurrentComply with AFSL general obligations (s 912A)
AFSL holders must do all things necessary to ensure financial services are provided efficiently, honestly and fairly.
- criticalCWLTHcurrentBNPL providers — credit licensing from 10 June 2025
BNPL captured by the NCCP Act as a regulated credit product from 10 June 2025.
- criticalCWLTHcurrentMaintain adequate PI insurance (AFSL holders, RG 126)
AFSL holders providing financial services to retail clients must hold adequate professional indemnity insurance.
- criticalCWLTHcurrentProvide FSG + Statement of Advice to retail clients
Financial Services Guide before service; Statement of Advice for personal advice.
- criticalCWLTHcurrentSmall Amount Credit Contract + Consumer Lease caps (post-SACC reforms)
SACC + consumer lease fee caps + responsible lending tightened post-Royal Commission.
- criticalCWLTHcurrentHold AFSL with derivative authorisations (margin lending + CFD + binary)
Issuers of OTC derivatives to retail clients face product intervention orders + tightened conditions.
- criticalCWLTHcurrentReport reportable situations to ASIC within 30 days (RG 78)
AFSL/ACL holders must report reportable situations within 30 calendar days of becoming aware.
- criticalCWLTHcurrentBan on conflicted remuneration (FOFA)
AFSL holders and representatives must not accept conflicted remuneration in connection with retail financial product advice.
- criticalCWLTHcurrentLodge a prospectus for offers requiring disclosure
Offers of securities to retail investors require a prospectus or OIS lodged with ASIC.
- criticalCWLTHcurrentBest interests duty for financial advisers (s 961B-G)
Personal advisers must act in client's best interests + meet related obligations.
- criticalCWLTHcurrentRegister a Managed Investment Scheme under Ch 5C
Schemes with 20+ retail members must be registered with ASIC as MIS.
- criticalCWLTHcurrentDesign and Distribution Obligations (DDO) — RG 274
Issuers + distributors of retail financial products bound by DDO from 5 October 2021.
- highCWLTHcurrentComply with internal dispute resolution standards (RG 271)
Financial firms must acknowledge complaints within 24 hours and resolve within prescribed timeframes.
- highCWLTHcurrentDisplay comparison rate on credit product advertising
Annual percentage + comparison rate must accompany credit product ads under NCCP Regulations.
- highCWLTHcurrentProvide a current Product Disclosure Statement (s 1013A)
Retail financial product issuers must provide a current PDS before issuing.
- highCWLTHcurrentPre-2025 ban on unsolicited credit limit increase invitations
Credit card limit increase offers cannot be sent without prior written consent.
- highCWLTHcurrentComply with ASIC product intervention orders
Issuers and distributors must observe any product intervention order made by ASIC.
- highCWLTHcurrentAFSL representative training (RG 146)
Representatives advising on financial products to retail clients must meet RG 146 training standards.
- highCWLTHcurrentAuthorise representatives correctly (Authorised Representative regime)
AFSL holders must authorise representatives in writing and notify ASIC of new ARs within 15 business days.
- highCWLTHcurrentRespond to hardship notices within statutory timeframe
Credit providers must consider hardship notices within 21 days under s 72 NCC.
Recent enforcement
- asiccriminal2026Queensland property developer sentenced to 9 years imprisonment for fraud
Former Queensland property developer, Ian Omar Chester has been sentenced to 9 years imprisonment for aggravated * fraud following an ASIC investigation into multiple Southeast Queensland property development companies.
- asicdisqualification2026Former Warwick Gold and Impact Gold director Yuetu Ma disqualified from managing corporations for four years
ASIC has disqualified former Queensland resident Yuetu Ma (also known as Jack Ma) from managing corporations for four years arising from his role as a director of failed companies Warwick Gold Holdings Pty Ltd and Impact Gold Ltd.
- asiccriminal2026Former Big Un CEO Richard Evans sentenced for communicating inside information
Richard Evans (also known as Richard Evertz), the former chief executive officer of collapsed ASX-listed technology company Big Un Limited (Big Un), has today been convicted and sentenced in the District Court of New South Wales for communicating inside information to another person.
- asicinfringement$20K2026Fundo Loans pays $19,800 infringement notice over ‘no credit check loans’ claim
Fundo Loans Pty Ltd has paid a $19,800 infringement notice issued by ASIC over an allegedly misleading claim on its website that it offered ‘no credit check loans’ of up to $5,000.
- asiclicence action2026CADB suspends registration of former PKF Brisbane auditor Cameron Bradley for breaches across 3 managed investment scheme audits
The Companies Auditors Disciplinary Board ( CADB ) has suspended the registration of Brisbane company auditor Cameron Bradley, formerly a partner of PKF Brisbane Audit ( PKF Brisbane Audit ), until 30 June 2028. The suspension comes into effect on 15 September 2026.
- asiclicence action2026ASIC cancels the registered agent status of AGFA Accountants Pty Ltd
ASIC has cancelled the registered agent status of Mr Faheem Ahmed Syed, the sole director and shareholder of AGFA Accountants Pty Ltd for breaches of ASIC’s Registered Agent Terms and Conditions.
- asiclicence action2026Registered liquidator Ross Stephen Thomson cancels registration following ASIC concerns
ASIC has accepted Ross Stephen Thomson’s application for cancellation of his registration as a liquidator, after raising concerns about whether he was a fit and proper person to remain registered and whether he had adequate resources to satisfactorily perform his duties and functions as a registered liquidator.
- asicinfringement$40K2026Three super funds issued infringement notices for misleading investment disclosures
ASIC has issued six infringement notices totalling $118,800 to trustees of three superannuation funds after identifying alleged false or misleading representations about their superannuation investment options during a review of disclosures on superannuation trustees’ websites.
- asicinfringement$40K2026Three super funds issued infringement notices for misleading investment disclosures
ASIC has issued six infringement notices totalling $118,800 to trustees of three superannuation funds after identifying alleged false or misleading representations about their superannuation investment options during a review of disclosures on superannuation trustees’ websites.
- asicinfringement$40K2026Three super funds issued infringement notices for misleading investment disclosures
ASIC has issued six infringement notices totalling $118,800 to trustees of three superannuation funds after identifying alleged false or misleading representations about their superannuation investment options during a review of disclosures on superannuation trustees’ websites.
- asiccourt order2026Federal Court finds Choosi misled consumers about its insurance comparison services
The Federal Court has found that Choosi Pty Ltd misled consumers in relation to its funeral and life insurance comparison services.
- asiclicence action2026ASIC cancels AFS licence of Redstone Capital Pty Ltd
ASIC has cancelled the Australian financial services (AFS) licence of NSW-based financial services provider, Redstone Capital Pty Ltd (Redstone Capital).
- asiccriminal2026Former WA director Joanne Pellew sentenced to three and a half years imprisonment for Corporations Act offences
Former Western Australian director Joanne Pellew has been sentenced in the District Court of Western Australia for dishonestly using her position as a director and for managing a corporation while disqualified.
- asiccivil penalty$3.5M2026Court orders CashnGo to pay $3.5 million penalty for unfair contract terms
The Federal Court has imposed a penalty of $3.5 million against Venture 5 Group Pty Ltd (trading as CashnGo) regarding its use of, and reliance on, unfair contract terms in more than 47,000 standard form small amount credit contracts (SACCs) with consumers.
- asiccriminal2026Banned SMSF auditor Kristian Convery sentenced for acting while disqualified and falsifying documents
Kristian John Convery of Melbourne was today convicted and sentenced by the Melbourne Magistrates Court after pleading guilty to acting as a self-managed superannuation fund (SMSF) auditor while disqualified and falsifying audit documents.
- asiccriminal2026Former Beacon Minerals project manager Alexander McCulloch sentenced for insider trading
Alexander John McCulloch, a former project manager at Beacon Minerals Limited (Beacon Minerals), has been convicted and sentenced to 12 months’ imprisonment for insider trading, to be released forthwith on a recognisance of $5,000 and to be of good behaviour for 2 years.
- asiclicence action2026ASIC cancels the registered agent status of Financial Tuneups Pty Ltd
ASIC has cancelled the registered agent status of Financial Tuneups Pty Ltd for breaches of ASIC’s Registered Agent Terms and Conditions.
- asicdisqualification2026ASIC disqualifies New South Wales director Alan MacDonald for 5 years
ASIC has disqualified Alan MacDonald of Bankstown, New South Wales from managing corporations for the maximum period of five years due to his involvement in the failure of the following three companies:
- asiccivil penalty$7.3M2026Court orders Fiducian Investment Management Services to pay $7.3 million penalty over operation of ESG fund
Fiducian Investment Management Services Limited (FIMS) has been ordered to pay a $7.3 million penalty for breaching its duty to act with care and diligence as a responsible entity and engaging in conduct liable to mislead the public.
- asicinfringement$198K2026ASIC warns companies to lodge financial reports on time after Mainfreight Group pays $594,000 in infringement notices
ASIC has issued infringement notices totalling $594,000 to three companies within supply chain logistics operator Mainfreight Group for allegedly failing to lodge their financial reports for the financial year ended 31 March 2025 on time.