Consultation on the Banking Regulations 2026
Submission Date: 27 October 2026
This submission has been prepared on behalf of the Financial Services Committee of the Business Law Section within the Law Council of Australia (Committee) in response to Treasury’s invitation to give feedback on the proposed remaking of the Banking Regulations 2016 (Cth), which are due to sunset on 1 April 2027. Treasury released draft regulations and a draft explanatory statement on Friday 23 October 2026 and requested feedback by Friday 30 October 2026.
Treasury has described the key differences between the proposed remade Banking Regulations and the current Banking Regulations as:
- increasing the bond issuance limit for authorised deposit-taking institutions (ADIs) from 8% to 12% of the ADI’s assets, which was a recommendation of the Council of Financial Regulators Review into Small and Medium-sized Banks (CFR Review);
- removal of outdated references; and
- keeping the regulations up to date and fit for purpose.
The Committee agrees that the Banking Regulations should be remade, and has no concerns about the implementation of the recommendations of the CFR Review which have been accepted by the Government or the form of the draft regulations or the draft explanatory statement.
Last Updated on 30/10/2026
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