Regulatory Guide 38 – The hawking prohibitions

Equip participants with the knowledge to comply with anti-hawking regulations, empowering consumers to make informed financial decisions and eliminating high-pressure sales tactics.

Online course details

Delivery

SCORM files or hosted on our Platform

Course Format
  • Structured Learning (35-40 min)
Regulation/Law

Australia: Corporations Act 2001 and more

Region

Australia

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About this online course

Our Hawking Prohibitions training course provides participants with a clear understanding of the anti-hawking regulations introduced by the Financial Sector Reform (Hayne Royal Commission Response) Act 2020. The course explains the key objectives of these prohibitions, which are designed to empower consumers in making informed decisions about financial products and to discourage high-pressure sales tactics. Through interactive scenarios and practical guidance, this course equips participants with the knowledge and tools to ensure compliance with the hawking prohibitions, ultimately fostering a more ethical and consumer-focused approach to financial product sales.

Course Overview

Key modules

  • What you can do to comply
  • Unsolicited contact
  • When is contact solicited?
  • Exceptions
  • Advertising and provision of information
  • Keeping records and reporting information

Learning outcomes

By the end of this course, participants will be able to:

  • understand the changes to anti-hawking prohibition;
  • understand what unsolicited contact is under the anti-hawking prohibition; and
  • understand how the prohibition will impact your role

Legislation covered

Australia: Corporations Act 2001, Corporations Regulations 2001, Financial Sector Reform (Hayne Royal Commission Response) Act 2020, Regulatory Guide 38

Course formats

Structured Learning

Ideal for first-time learners or those with little prior knowledge, covering the entire topic in 30-40 minutes. 

Accelerated Learning

Allows learners who understand the topic to proceed quickly through the course in 20-30 minutes.

MicroLearns

Short modules for time-poor learners, with each module lasting 5-10 minutes.

ShortBurst

Quick summaries of specific compliance areas, available in office-based and field-based formats, each lasting 5 minutes.

Delivery options

SCORM-compliant file

Our client services team can deliver our courses via SCORM file if you have a Learning Management System (LMS) or SCORM-compliant software.

SCORM-compliant file

Our client services team can deliver our courses via SCORM file if you have a Learning Management System (LMS) or SCORM-compliant software.

Equip participants with the knowledge to comply with anti-hawking regulations, empowering consumers to make informed financial decisions and eliminating high-pressure sales tactics.

The Financial Sector Reform (Hayne Royal Commission Response) Act 2020 implemented recommendations made by the Financial Services Royal Commission on banning the hawking of superannuation products.

The Act strengthens the existing hawking prohibition in the Corporations Act 2001 (Cth) by replacing the three separate prohibitions for the hawking of financial products, securities, and interests in managed investment schemes with one general prohibition.

The Australian Securities & Investments Commission (ASIC) recently updated its guidance in Regulatory Guide 38: The hawking prohibitions (RG 38) for people who offer financial products for issue or sale in situations involving unsolicited contact with consumers.

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