
Banking Executive Accountability Regime Exposure Draft – Part Two
Last time in The Banking Executive Accountability Regime (BEAR) Exposure Draft - Part One we talked about the new role of an ‘accountable person’ under the proposed Banking Executive Accountability Regime (BEAR), as described in the Government’s recent exposure draft Bill. In today’s piece, part two, we look at the what happens when an accountable person, or the bank itself, fail to fulfil its obligations under BEAR. By Dr Drew Donnelly, Compliance Quarter Existing Powers of APRA The Australian Prudential Regulation Authority (APRA) already has a range of powers that it uses to ensure Authorised Deposit-Taking Institutions (ADIs) (including banks) fulfil their responsibilities under the prudential supervision requirements. APRA’s current powers include: the power of direction (section 11CA of the Banking Act 1959), which enables APRA to require a…