As the financial services industry navigates the lead-up to a potential federal election, regulatory bodies ramp up enforcement actions across multiple sectors. The federal government continues its reform agenda with significant legislative proposals, including payday superannuation and small business protections. This week, ASIC took unprecedented legal action over cybersecurity failures, while APRA reinforced its supervisory approach through licence conditions and governance interventions. Meanwhile, Active Super was hit with a substantial $10.5 million penalty for greenwashing, highlighting the regulator's continued focus on ESG claims. These developments occur against a backdrop of political positioning as both major parties sharpen their economic narratives ahead of the expected election.
ASIC has commenced Federal Court proceedings against FIIG Securities for alleged systemic and prolonged cybersecurity failures, marking the first legal action of its kind by the regulator. The case alleges that FIIG failed to implement adequate security measures, leaving client data vulnerable for over a decade. APRA has secured a significant win in the superannuation sector after BUSSQ abandoned its appeal and accepted additional licence conditions focusing on governance and risk management. ASIC continued its enforcement focus and announced action against 17 SMSF auditors for non-compliance with independence standards and failure to meet professional obligations. The regulator has also obtained freezing orders against marketers connected to the Shield and First Guardian investigations as it seeks to wind up the First Guardian Master Fund.
Recent economic forecasts paint a challenging picture for the federal budget, with Deloitte Access Economics projecting a deficit to reach $26 billion, significantly higher than Treasury's mid-year estimates. This deterioration in fiscal position comes as cost of living pressures remain at the forefront of political debate, with Shadow Treasurer Angus Taylor using talkback radio to criticise the government's economic management. In his address to the AFR Banking Summit, APRA Chair John Lonsdale emphasised the need for resilience across the financial system, particularly as institutions navigate economic uncertainties. Adding to the complexity, Senator Pauline Hanson has voiced support for tariffs in Australia and the US, potentially signalling growing protectionist sentiment among crossbenchers ahead of the election.
The Albanese government has released draft legislation for payday superannuation, a key election commitment aligning superannuation payments with regular pay cycles starting July 1, 2026. Financial Services Minister Stephen Jones has also confirmed that Tranche 2 of the Financial Adviser Standards reforms will be introduced before the election, despite industry calls for reconsidering specific provisions. In consumer protection developments, the government announced plans to extend unfair trading practice protections to small businesses, addressing power imbalances in commercial relationships. The government has also progressed its foreign investment agenda by introducing legislation to streamline assessment processes while strengthening compliance measures.
Industry stakeholders have expressed discontent with ASIC's breach reporting relief, with many arguing the measures are narrow and underwhelming. The Insurance & Financial Practitioners Association has called for expanding the Compensation Scheme of Last Resort to include wholesale and general advice, challenging the narrow focus of the current framework. Industry groups have also advocated raising the breach reporting threshold to $1,000 and extending timeframes to 30 days, arguing that current requirements are overwhelming compliance systems. Meanwhile, the Australian Financial Complaints Authority (AFCA) has announced a 3.5% fee increase for FY2025-26 and opened a consultation on its approach to elder abuse and family violence cases, signalling heightened attention to vulnerable consumer protection.
Financial services stakeholders should prioritise the following actions in response to this week's developments:
Financial Advisers:
Key upcoming events and deadlines to monitor: