Information Resource for Financial Services
- Information Resource
The National Consumer Credit Protection Act 2009 is an act established with an objective to protect consumers while borrowing money. This act regulates the conduct and transactions between the creditor and the debtor. It is explicitly instrumental and the purpose is to protect the consumers in such transactions. The major objectives of this act are to improve consumer wellbeing by enabling confident participation of consumers in the markets and by fostering effective competition.
It is important to prevent unfair practices and instead promote proportionate and risk-based enforcement in given transactions. There are different processes or transactions taking place where this act will be applied. For example, an individual will be getting financial credit from the lender or the debtor is transferring the debt to another person under the consideration and knowledge of creditor. It is thereby important both for the debtor and the creditor to be aware of this act to ensure their respective protection in a given financial transaction (Burmeister et al., 2015)
The Privacy Act of 1988 is an Australian Law that regulates handling of personal information and ensures protection of private information against credit reporting provisions, personal information for medical research, handling of tax file numbers, and other privacy details of the people (Clarke, 2014). The sections under this act also include privacy-related information such as telecommunications, data matching, criminal records, Medicare, anti-money laundering legislation, and Personal Property Securities Register. The individual will thereby be able to keep his information secure and subsequently ensure safety against the government and other financial agencies.
Financial Transaction Reporting
The Financial Transaction Reports Act 1988 (FTR Act) in Australia is operated along with Anti-Money Laundering Act and Counter-Terrorism Financing Act of 2006 to assist the administration team and taxation team to determine the flow of financial transactions in the system.
There are several entities that will have obligations under this act and these include - financial institutions, cash carriers, financial corporations, and trustees of the firms, people dealing in travellers-cheque, casinos, and currency dealers. This law is enacted to ensure protection both for the people as well as for the government. From the community perspective, it will promote privacy of individuals (Clarke, 2014).
Also, it will increase transparency in the system so that people can place their trust in it. Similarly, when the banking and other financial institutions follow this act, it will provide them with certain information. They will verify with an objective to ensure that there are no transactions dealing with terrorism funding as well as money laundering activities in the nation.
Majority of the Corporation Standards of the Australian Corporations Law are borrowed from the UK Company Law. The law now follows single and national statute the Corporations Act of 2001. Also, this statute is administered by the Australian Securities and Investments Commission (ASIC). The Corporations Act 2001 that deals with the business entities in Australia at both federal and interstate level (Greenleaf, 2014).
The regulatory authorities will be monitoring activities and procedures of the organization and will make sure that the corporations are not violating any of the acts or procedures. It will thereby prevent them from participating into fraudulent activities and subsequently protect consumer's interest in a given situation.
Under the ASIC's regulatory guidance and as per the Corporations Act 2001, this act imposes a single licensing regime for financial advice, financial dealings, and financial sales. The regulatory framework associated with this act covers a wide range of financial products and the regulatory authority ensures that there are no ethical breaches in the system and subsequently ensures stability of the financial system in the company.
This act will also provide more insights about the financial market and will thereby support the government in taking effective and efficient decisions (Greenleaf, 2014). The objective of this law is to promote financial stability and subsequently protect the rights of the investors and people of the society.
The Environment Protection and Biodiversity Conservation Act 1999 was formulated with an objective to manage and protect nationally and internationally flora, fauna, heritage places, ecological communities, and entire biodiversity as defined in the Act. Today, with increasing challenges of pollution, deforestation, and non-supportive environmental activities, both flora and fauna are affected (Greenleaf, 2014). It is not only polluting environment but is also disturbing the living cycles of several flowers, plants, and animals.
To ensure environmental sustainability, there are eight matters identified in this act of national environmental significance. These include - world heritage properties, wetlands of international importance, national heritage places, commonwealth marine areas, migratory species, listed threatened species, Great Barrier Reef Marine Park, and nuclear actions. The regulatory authority of this act takes necessary legal steps against those that breach these eight matters. Thus, with an intention to protect them against such activities, this act was formulated that will improve quality of air, promote afforestation activities, and also prevent land and water against pollution.
- Research Activity
National Australia Bank Group (NAB) is of the four largest financial institutions in Australia in terms of earnings, market capitalization, and customers. It was ranked 21st largest bank in the world in terms of market capitalization. The bank provides loans, equity for development projects, guarantees, and other financial products to the customers depending on the need.
There are policies defined by this bank with an aim to increase financial awareness among the customers, overcome fraudulent activities, promote ethics, increase transparency and accountability, and thereby deploy financial sustainability in the organization (Hattingh et al., 2015).
The company collects this information with objectives that include - providing information on different financial products and services, processing application for a given product or service, ensuring security while offering the services, and exchange information with legal advisers of the bank. The bank also makes sure that the information provided is true and correct, is relevant as per the banking requirements, adheres to the norms of privacy act, and follows ethical norms of the organization.
This policy is defined to spread awareness among the customers so that they can get an idea about pricing of the different financial products offered by this bank. Also, it will enhance transparency between the customer and the bank, which will subsequently increase trust of the customers (O’Brien et al., 2015).
Second, the management team makes sure that while pricing their financial products they do not add any type of hidden expenses to it; it will provide accurate and transparent pricing of all their products. It will thereby provide customers a better view of these products and will subsequently ease the process of transaction (Randall et al., 2014).
The bank adheres to the Financial Transaction reports Act 1988 (FTR Act) so that they can avoid anti-money laundering activities and overcome fraudulent breaches in the organization. It is also necessary for them to share and provide information to the taxation authorities whenever required. There is also the Cheque Act of 1986 that demonstrates the given bill of exchange will be exercised as specified by the bank and as payable on demand. It is necessary to follow these norms as it will help the company overcome unethical challenges in the organization. The bank thereby strictly meets all the ethical requirements to make sure following of ethical principles in the organization.
The bank has defined several norms to ensure complying with the regulation rules and acts and also to overcome the operational risks associated with the organization. The company has implemented different policies related to staff regulation, disciplinary measures, grievances, disaster recovery, policy on disclosure of Information and Confidentiality, Anti-Fraud, Corruption and Money Laundering Policy, Information Technology Guidelines, and Procurement Principles so that it can increase transparency and accountability in its daily routine practices (Randall et al., 2014).
Also, the Human Resources (HR) department of the organization provides necessary training to all the employees on these policies and norms; it will help the organization overcome operational risks at the workplace. The organization also reviews and monitors the performance of all these policies and modifies it wherever required. It is necessary to have such financial policies at the workplace to provide financial protection both to the customers and to the bank as well.
Definition of the Terms
- The National Consumer Credit Protection Act 2009
- The Privacy Act of 1988
- The Financial Transaction Reports Act 1988 (FTR Act)
- Corporations Act 2001
- Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (CWLTH) (AML/CTF Act)
- Financial Services Act 2013
- The Environment Protection and Biodiversity Conservation Act 1999
- National Australia Bank Group (NAB)
- The Cheque Act of 1986