What is a Target Market Determination?
A target market determination is a document that describes the type of customer who may suit one of our products – based on their needs, objectives and financial situation (target market). It also sets out who can distribute our products, how they can do this, and situations when we may need to review our products and the target market.
Why is a Target Market Determination needed?
From 5 October 2021, all issuers and distributors of retail financial products need to comply with a new law under the Treasury Laws Amendment (Design and Distribution Obligations and Product Intervention Powers) Act 2019 (‘Design and Distribution Obligations’). It requires us, amongst other things, to have Target Market Determinations for our products
This framework helps ensure that investors are at the centre of the approach to how financial products are designed and distributed.
Our Target Market Determinations
Generation Life has issued target market determinations for the following products.
What are Generation Life’s key obligations as a product issuer?
The new design obligations applicable to us include:
What are the key obligations of financial advisers?
Financial advisers have distribution obligations including:
I am a distributor of a Generation Life product, what do I need to do?
As a distributor of retail financial products you are expected to:
What are the ongoing reporting obligations of distributors?
You will be required to advise us on a quarterly basis (within 10 business days) if you have received any complaints relating to the design, features, availability or distribution of our products. If there is any general feedback, this should also be reported.
If there have been any significant dealings outside of a product’s Target Market Determination you must advise us as soon as practicable but no later than 10 business days after becoming aware of the significant dealing.
Distributors should, where possible, adopt the Financial Services Council (‘FSC’) data standards for reports to Generation Life.
We are in the process of providing a solution so that distributors can provide this information to us quickly and securely. We are considering a streamlined reporting solution that aligns with the FSC data standards template with the intention to simplify and support the reporting process for advisers.
We will update this page once further details are available.
What is a ‘significant dealing’?
Section 994F(6) of the Act requires distributors to notify the issuer if they become aware of a significant dealing in a product that is not consistent with its Target Market Determination. Neither the Act nor ASIC defines when a dealing is ‘significant’ and distributors have discretion to apply its ordinary meaning.
The issuer will rely on notifications of significant dealings to monitor and review the product, its Target Market Determination, and its distribution strategy, and to meet its own obligation to report significant dealings to ASIC.
Dealings outside a Target Market Determination may be significant because:
In each case, the distributor should have regard to:
Objectively, a distributor may consider a dealing (or group of dealings) outside the Target Market Determination to be significant if:
Is personal advice exempt from the Design and Distribution Obligations?
Under the Design and Distribution Obligations, personal financial advice is excluded recognising that it may be appropriate to recommend a product to a customer that is outside the target market where it is considered to be in their best interests.
As part of ensuring we meet our obligations, Generation Life requires financial advisers, where the personal advice exemption is being relied on, to make an attestation or confirmation which confirms that:
This will be integrated into our application process.