Defined Terms and Documents    

Reserve Bank of Australia:         

Senior representatives of the RBA, APRA, ASIC and the Department of the Treasury comprise the Council of Financial Regulators.

RBA is a company charged with the statutory duty to act in the public interest.

A description of the Reserve Bank of Australia (RBA) by Clayton Utz:

"The RBA is a statutory authority performing the country’s central banking functions.  The Bank is wholly owned by the Australian Federal Government and maintained assets of more than A$57,177 million as at October 2013.The RBA has two broad areas of responsibility: monetary policy and financial stability.

The RBA’s monetary policy is primarily directed at maintaining inflation rates at the level most conducive to sustainable growth. The RBA’s financial stability policy aims to prevent excessive risks in the financial system and to limit the effects of financial disturbances when they occur. Within this role, the RBA has a particular responsibility for maintaining the efficiency of the payments system. The RBA is governed by the Reserve Bank Board and the Payments System Board.

The RBA plays an active role in financial markets and the payments system and is responsible for issuing Australian currency notes. The Banking (Foreign Exchange) Regulations 1959 (Cth) confer upon the RBA responsibility for foreign exchange control."

Below is a extract from Interest rates and informed choice in the Australian credit card market  - December 2015 where the RBA asserts that ACCC is responsible to monitor and regulate bank interest rates, except the Overnight Cash Rate:

"1.8 Dr Edey quite rightly made the point that Australia does not regulate interest rates, and, as such, there is no interest rate regulator.  He told the committee that Australia does have 'an ACCC [Australian Competition and Consumer Commission] that can investigate uncompetitive conduct if they see it, but they clearly have not seen it in this market'.3   It was put to Dr Edey that the issue was not so much whether there was uncompetitive conduct in the market, but whether regulatory settings were conducive to the promotion of sufficient competition to put downward pressure on credit card interest rates.4  In part, the committee's inquiry has been directed at understanding whether existing regulatory settings in relation to credit cards are appropriate in this respect.  More broadly, the committee has sought to determine what might be done to improve competition in the credit card market or otherwise put downward pressure on credit card interest rates."

 

The above extract from an address by Dr. Malcolm Edey (RBA) contradicts the below indented extracts from Reserve Bank of Australia Bulletin  -  July 1998 - Australia’s New Financial Regulatory Framework that chronicles the Reserve Bank's powers, set out in the Payment Systems (Regulation) Act 1998, that allow the Reserve Bank to undertake more direct regulation of ‘designated’ payments systems to "... promote competition in the market for payments services, consistent with the overall stability of the financial system..." when it judges it to be "in the public interest" which may involve the imposition of access rules or operating standards for participants in such systems:

"The new Payments System Board is responsible for the Bank’s payments system policy, the objectives of which are:

•     controlling risk in the financial system arising from the operation of the payments system;

•     promoting the efficiency of payments systems; and

•     promoting competition in the market for payments services, consistent with the overall stability of the financial system.

The Bank’s powers in this area, set out in the Payment Systems (Regulation) Act 1998, allow it to undertake more direct regulation of ‘designated’ payments systems when it judges it to be in the public interest. This may involve the imposition of access rules or operating standards for participants in such systems. The Act also provides a framework for regulation of purchased payment facilities, such as travellers cheques and stored-value cards."

Australia's Principal Regulator of the Payments System, namely the RBA, considers that "The Payments System Board of the Reserve Bank has no regulatory power over these aspects of credit cards", notwithstanding Unconscionable Conduct by some Credit Card Issuers as evidenced in Labyrinth of Concealed Spiders.

Wallis Inquiry report noted:

*          "The ACCC and the Payment System Board should monitor the delivery fees charged on credit and debit cards while the ACCC should monitor the rules of international credit card associations to ensure they are not overly restrictive.

*          "Fifth, accountability requires that regulatory agencies operate independently of sectional interests, be subject to regular reviews and evaluations and be open to scrutiny by their stakeholders."

*          "There is scope for increased competition in the payments system which will help to lower its costs of operation. However, this must be balanced against the need to maintain stability in the financial system. The payments system provides one central way in which instability can be generated.  The RBA should retain overall responsibility for the stability of the financial system, the provision of emergency liquidity assistance and for regulating the payments system."

 

           Below is an extract from a SMH article by Warwick Smith, former Liberal minister and NSW/ACT chair of ANZ which seems to say that the RBA enjoys controlling powers over the commercial banks beyond APRA and ASIC:

            "The strength of the balance sheets of Australia's banks, the quality of its assets, and superior prudential supervision of the Australian Prudential Regulation Authority and the Australian Security and Investment Commission overseen by the RBA and the Australian Treasury gave those global banks confidence to continue to lend to the Australian market, even as they withdrew funds from many other leading markets."