Government passes laws extending fintech regulatory sandbox — finally

Stephanie Palmer-Derrien 1 hour ago
https://www.msn.com/en-au/news/other/government-passes-laws-extending-fintech-regulatory-sandbox-—-finally/


The government has passed new laws to finally bring its much-discussed fintech 
regulatory sandbox into reality.

The Treasury Laws Amendment (2018 Measures No. 2) Bill 2019, passed on Monday 
evening, builds on the existing sandbox, expanding the time period fintechs can 
spend in it, as well as the scope of those that are allowed in.

Now, fintechs will be able to test products for 24 months without having to 
obtain a financial services or credit licence from the Australian Securities 
and Investments Commission (ASIC).
It’s intended to provide an environment helping fintechs get to market without 
having to tread quite so carefully through the regulatory minefield, thereby 
removing one of the major barriers to new entrants, and bringing more 
competition to the Australian financial landscape.

A release from Senator Jane Hume, Assistant Minister for Superannuation, 
Financial Services and Financial Technology, said there will be strong consumer 
protections in place, including limits on the products and services that can be 
tested, and limits on financial exposures of retail clients.

The current ASIC sandbox capability, introduced in 2016, allows for unregulated 
testing for 12 months, and is available only to startups working on specific 
products or services.

The amendment expands the remit to include businesses working on financial 
advice, the issuing of consumer credit contracts and facilitating crowdsourced 
funding.

“A strong fintech ecosystem means a more competitive financial market landscape 
— one that is consumer-driven, efficient and among the world’s leaders,” Hume 
said in the statement.

“As a mature, diverse and internationally connected ecosystem, Australia is an 
attractive destination for fintech investment globally. The Morrison government 
is seizing this valuable opportunity to grow the sector even further.”

It’s good news for Aussie fintech startups. But it’s been a long time coming.

ASIC’s original sandbox was hailed as “world-leading” and “potentially 
game-changing” by the startup community.

However, since then, the restrictions in place have reportedly meant only seven 
startups have been able to take advantage of it.

Even so, in late-2017, consumer advocacy groups raised concerns about the 
existence of a sandbox at all, and opposed any expansion of the legislation, 
saying it put consumers at risk.

In a group submission to the draft legislation at the time, Choice, Financial 
Rights Legal Centre and the Consumer Action Law Centre suggested an extended 
sandbox could allow for unlicensed financial advice on things such as 
superannuation, insurance and long-term investments.

“These services are too complex and too important to the long-term well-being 
of consumers to be offered without the adequate protections that the sandbox 
removes,” they said.

However, Danielle Szetho, chief of FinTech Australia, said at the time much of 
what fintech startups do is about providing better protections for consumers.

“Many fintechs I see are oriented completely around what the consumer is 
thinking, and some are turning around what it means to be customer-centric,” 
she told SmartCompany.

“They have been thinking about the consumer completely at the core,” she said.

“It’s about maintaining the long-term integrity of the industry, and we agree 
there needs to be good safeguards against dodgy operators in place.”
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