Australian Broker magazine Issue 7.12

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$4.95 POST APPROVED PP255003/06906

ISSUE 7.12 June 2010

Associations defend their position

Phil Naylor

 Are industry bodies still broker-friendly?

Industry associations are drawing up their post-regulation plans in order to remain relevant in the eyes of brokers. A question posted on Broker News about the future of these associations led to a barrage of responses and few

defenders, questioning the point of industry associations after the Australian Securities & Investments Commission takes over industry regulation. However, both the FBAA and MFAA have defended their relevance to the broker market and are positioning themselves to ensure they continue to provide brokers with a valuable service.

Peter White, president of the FBAA, said that the organisation has always been run by brokers for brokers, and it will have a role to play in shaping Phase II of the legislation and working to amend the existing legislation. MFAA CEO Phil Naylor said his organisation would continue to “represent members with a unified voice in political and regulatory advocacy.” Some respondents on Broker News questioned the ability – or willingness – of the MFAA to represent them on major issues like volume hurdles and commission cuts. When AB posed the question to Naylor, he said it was not the organisation’s responsibility to interfere with commercial arrangements. Naylor defended the MFAA’s actions on volume hurdles as adequate. “As we have said to our members and the trade media several times, it would be a breach of trade practices law for an association to attempt to intervene in commercial contracts in which we are not a party,” he explained. “However on industry issues such as volume hurdles, which potentially could have impacted a broker’s obligations under the NCCP, we took action to seek guidance from ASIC as well as provide our members with legal advice on the issue.”

page 22 cont.

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FBAA has membercompliant toolkit Training solutions provider AAMC has provided a toolkit for compliance with the new regulations for FBAA broker members .

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Borrower

Is the borrower an individual or individuals?

No

Yes

Purpose

Is the loan for personal, domestic or household purposes?

No

Unregulated

Yes

No

Yes

Regulated

Is the borrower a strata corporation?

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Is the loan to purchase, renovate or improve land on which a dwelling is or will be affixed?

No

Is the loan to refinance existing credit used to purchase, renovate or improve land on which a dwelling is or will be affixed?

Yes

Yes

Is the loan wholly or predominately (>50%) for this purpose?

Yes

No

No

Unregulated

When does the NCCP apply? Provident Capital’s inhouse legal team provides guidance on the application of the new credit code Page 24

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Generations at work AB asks two experts for their views on the workplace environment and their expectations for current Gen Y and Baby Boomer employees Page 26

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