Register For Our Mailing List

Register to receive our free weekly newsletter including editorials.

Peter Kell, ASIC Commissioner, on SMSF regulations

Peter Kell is a Commissioner at the Australian Securities and Investments Commission (ASIC). On 10 April, 2013, he spoke at the CPA Australia SMSF conference.

In September last year, he became one of two ASIC Commissioners responsible for heading up ASIC’s SMSF taskforce, so when he speaks on SMSFs, it worth listening.

He focussed on three key things:

  • the critically important role of gatekeepers in the SMSF sector, including the new, limited licence for accountants and the registration of SMSF auditors
  • ASIC’s focus on SMSFs and the recent review of the quality of advice provided to SMSF investors
  • working together to ensure that the SMSF sector remains healthy, vibrant and safe for investors.

His speech is here, and some short extracts follow.

"ASIC’s primary role in relation to SMSFs is to regulate the gatekeepers – the accountants, financial planners, SMSF auditors and providers of products and services to SMSFs. Secondly, ASIC also regulates many (but not all) of

the financial products that SMSFs commonly invest in. From that perspective, we are very keen to ensure that SMSF trustees are adequately equipped to make good investment decisions by being fully informed about the risks and returns."

"Currently, reg 7.1.29A of the Corporations Regulations 2001 permits accountants to provide advice on the establishment of SMSFs without the need for an AFS licence. This exemption will cease on 1 July 2016, and from that date all accountants who wish to give advice on SMSFs will need to be licensed."

"As part of the Stronger Super reform initiatives, ASIC became the registration body for approved SMSF auditors from 31 January 2013. This reform recognises the key gatekeeper role that approved SMSF auditors play... Since the introduction of the SMSF registration regime, ASIC has received 2,934 applications and we have registered and approved 1,178 SMSF auditors."

"We were also concerned by several developments, including an increase in geared investment strategies and increasingly aggressive advertising for SMSFs. Finally, we have seen an increase in the targeting of SMSFs by less scrupulous operators, and we are keen to address this risk."

"Through our file reviews, we found that there is room for significant improvement in aspects of the SMSF advice giving process. Where we found problems with the advice it tended to be in the following areas:

  • the advice was not sufficiently tailored
  • replacement product disclosure was absent orinadequate
  • insurance recommendations were absent or inadequate
  • an inappropriate single asset class was provided to investors
  • suitable alternatives to an SMSF were not considered
  • there was inadequate consideration of the investor’s long-term retirement planning objectives.

Notably, we also found that investors were not warned about the very real risk of not having access to a statutory compensation scheme in the event of theft or fraud."

"Let me be very clear – a person requires an AFS licence if they recommend that an existing or proposed member of an SMSF purchase a property through their SMSF. This is because the vehicle through which the underlying investment is made is an SMSF and an interest in an SMSF is a financial product. It does not matter for licensing purposes that the underlying investment (real property in this case) is not a financial product. In the past year, we have seen an increase in the number of advertisements pushing property purchases through SMSFs. We do not want to see SMSFs become the vehicle of choice for property spruikers. Where we see examples of unlicensed SMSF advice we will be taking regulatory action."

In addition, on 18 April, ASIC released its report, "SMSFs: Improving the quality of advice given to investors", with link here. Mandatory reading for anyone involved in SMSF advice and management.

 

 

  •   19 April 2013
  •      
  •   

 

Leave a Comment:

RELATED ARTICLES

Does a declaration of trust satisfy SMSF separation of asset regulations?

More SMSF myths debunked

Meg on SMSFs: Winding up market linked pensions with care

banner

Most viewed in recent weeks

Australian stocks will crush housing over the next decade, 2025 edition

Two years ago, I wrote an article suggesting that the odds favoured ASX shares easily outperforming residential property over the next decade. Here’s an update on where things stand today.

Australia's retirement system works brilliantly for some - but not all

The superannuation system has succeeded brilliantly at what it was designed to do: accumulate wealth during working lives. The next challenge is meeting members’ diverse needs in retirement. 

Get set for a bumpy 2026

At this time last year, I forecast that 2025 would likely be a positive year given strong economic prospects and disinflation. The outlook for this year is less clear cut and here is what investors should do.

Meg on SMSFs: First glimpse of revised Division 296 tax

Treasury has released draft legislation for a new version of the controversial $3 million super tax. It's a significant improvement on the original proposal but there are some stings in the tail.

Building a lazy ETF portfolio in 2026

What are the best ways to build a simple portfolio from scratch? I’ve addressed this issue before but think it’s worth revisiting given markets and the world have since changed, throwing up new challenges and things to consider.

The 3 biggest residential property myths

I am a professional real estate investor who hears a lot of opinions rather than facts from so-called experts on the topic of property. Here are the largest myths when it comes to Australia’s biggest asset class.

Latest Updates

Investment strategies

Building a lazy ETF portfolio in 2026

What are the best ways to build a simple portfolio from scratch? I’ve addressed this issue before but think it’s worth revisiting given markets and the world have since changed, throwing up new challenges and things to consider.

Investment strategies

21 reasons we’re nearing the end of a secular bull market

Nearly all the indicators an investor would look for suggest that this secular bull market is approaching its end. My models forecast that the US is set for 0% annual returns over the next decade.

Property

13 million spare bedrooms: Rethinking Australia’s housing shortfall

We don’t have a housing shortage; we have housing misallocation. This explores why so many bedrooms go unused, what’s been tried before, and five things to unlock housing capacity – no new building required.

Investment strategies

Market entry – dip your toe or jump in all at once?

Lump sum investing usually wins, but it can hurt if markets fall. Using 50 years of Australian data, we reveal when staging your entry protects you, and when it drags on returns. 

Investment strategies

The US$21 trillion question: is AI an opportunity or excess?

It has been years since the US stock market has been so focused on a single driving theme, and AI is unquestionably that theme. This explores what it means for US and global markets in 2026.

Economy

US energy strategy holds lessons for Australia

The US has elevated energy to a national security priority, tying cheap, reliable power to economic strength, AI leadership, and sovereignty. This analyses the new framework and its implications for Australia.

Strategy

Venezuela’s democratic roots are deeper than Trump knows

Most people know Maduro was a dictator and Venezuela has oil. Few grasp the depth of suffering or the country’s democratic history - essential context as the US ousts Maduro and charts Venezuela’s future. 

Sponsors

Alliances

© 2026 Morningstar, Inc. All rights reserved.

Disclaimer
The data, research and opinions provided here are for information purposes; are not an offer to buy or sell a security; and are not warranted to be correct, complete or accurate. Morningstar, its affiliates, and third-party content providers are not responsible for any investment decisions, damages or losses resulting from, or related to, the data and analyses or their use. To the extent any content is general advice, it has been prepared for clients of Morningstar Australasia Pty Ltd (ABN: 95 090 665 544, AFSL: 240892), without reference to your financial objectives, situation or needs. For more information refer to our Financial Services Guide. You should consider the advice in light of these matters and if applicable, the relevant Product Disclosure Statement before making any decision to invest. Past performance does not necessarily indicate a financial product’s future performance. To obtain advice tailored to your situation, contact a professional financial adviser. Articles are current as at date of publication.
This website contains information and opinions provided by third parties. Inclusion of this information does not necessarily represent Morningstar’s positions, strategies or opinions and should not be considered an endorsement by Morningstar.