| |
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."
| |
|