Proposed changes to wholesale investor test thresholds shelved

Wholesale Investor Test

Plans to change the wholesale investor test thresholds, as part of Treasury’s review into managed investment schemes, have been shelved, according to an article in the Australian Financial Review.

Economics correspondent, Michael Read, said the government had a preference to raise the wholesale investor threshold, but decided to put the changes “…on ice until at least after the next election”.

Read’s article mentions the backlash to the proposal among the funds management and start-up communities.

The Coalition also opposed the idea, and it is likely that proposed increases in the wholesale investor test would be opposed in the Senate.

Disproportionate impact on unlisted property funds

Property Funds Association (PFA) argued that any increases to the wholesale investor threshold tests would disproportionately impact unlisted property funds, many of which are offered to wholesale investors only. PFA also advocated for grandfathering should any increase in the thresholds be made.

Minister Stephen Jones announced Treasury would be conducting a review of the MIS Regulatory Framework in March 2023, and the public consultation was commenced in August. PFA initially made its case in September 2023 via submission to the Treasury review, and subsequently met with Treasury to voice concerns and to seek feedback. There were 71 submissions to the Treasury review, with the last submission made in March of this year. PFA understands that the review has not yet been finalised.

When the Parliamentary Joint Committee on Corporations and Financial Services (PJC) announced an inquiry into the wholesale investor and client thresholds in March 2024, the PFA committed to making a submission into that inquiry, but also raising awareness of the inquiry with other potentially affected organisations. The PFA understands to date there’s been 126 submissions to the PJC Inquiry, including from the PFA, and we are now awaiting advice regarding the committee’s intention for the public hearings.

Should any proposals to change the wholesale investor tests resurface in the future, PFA will continue to argue against change, and for grandfathering should any changes be introduced.

PFA will also argue that most unlisted property funds are among the simplest investments to understand, and already have adequate protections in place.

The PFA Issues and Regulatory Committee (IRC), led by committee chair, Harry New, has led the PFA responses to the aforementioned reviews. The IRC is continuing to monitor the situation and will take further necessary action if and when required.

If you have any questions please contact us on pfa@propertyfunds.org.au.