1-10 of 39 results
Consultation period has closed for draft FAR Bill
On 13 August 2021, consultation closed on the various documents issued by Treasury in relation to the much anticipated Financial Accountability Regime (FAR). ...
Are you ready for the new breach reporting regime?
ASIC has released a consultation paper on its draft regulatory guidance for the new (read onerous and wide-ranging) breach reporting regime, which is to commence on 1 October 2021. The release, on 22 April 2021, followed the Financial Sector Reform (Hayne Royal Commission Response) Act 2020 ...
Transferring jurisdiction over schemes from the courts to the Takeovers Panel
In the federal budget, the Treasurer announced funding for a public consultation process to consider broadening the jurisdiction of the Takeovers Panel to include members' schemes of arrangement. The idea of transferring jurisdiction over schemes from the courts to the Panel is not a new one. ...
Your jointly proposed pecuniary penalty may not be appropriate
The decision of the Full Federal Court in the appeal of Volkswagen v ACCC is an important reminder of the court's supervisory role in approving pecuniary penalties jointly proposed by parties to a proceeding. It also reinforces an identifiable increase in the value of pecuniary penalties sought and obtained by the Australian regulators in enforcement proceedings since 2015. ...
'Remediation' as a legal term
ASIC's recent consultation paper (CP335) on proposed changes to its remediation guidance (RG256) may have created further space between what is legally required of remediations and what ASIC may expect of them. ...
ASIC immunity to whistleblowers
ASIC's immunity policy provides immunity from the 'market misconduct' provisions (including insider trading, false and misleading conduct and dishonest conduct) to the first person who reports the misconduct to ASIC where multiple persons are involved. ...
ASIC publishes final version of Regulatory Guide on Design and Distribution Obligations
An overview of how the final RG deals with a key questions raised by issuers and distributors for Design and Distribution Obligations. We look at issues relevant to all industries, and then some particular questions for banking, superannuation and investments, and insurance. ...
Coming clean and staying clean: continuous disclosure obligations in the age of the data breach
Recent data, coupled with the Privacy Act 1988 notifiable data breaches scheme, APRA Prudential Standard CPS 234, the Security of Critical Infrastructure Act and the GDPR, confirm that when it comes to serious cyber security breaches, listed entities should be complying with existing continuous disclosure requirements. ...
Nucleus – corporate law developments: ASIC concludes stub equity consultation; FIRB amending legislation introduced; FIRB updates guidance on tax conditions; proposal to make electronic signing and virtual meetings permanent; and other corporate law developments
ASIC concludes position on use of stub equity in control transactions; ASX extends emergency class waivers and clarifies ability to ratify use of additional placement capacity; FIRB amending legislation introduced to Parliament; FIRB updates guidance on tax conditions; ACCC to examine competition in mobile apps; Fair Work Commission extends temporary COVID-19 flexibilities in 99 modern awards; Federal Government proposes to make electronic signing and virtual meetings permanent. ...
Act fast, act well: Federal Court decision reinforces the importance of robust compliance programs for banks and other financial services licensees
Chief Justice Allsop of the Federal Court recently imposed on a bank, by consent of ASIC and the bank, civil penalties totalling $10 million for unconscionable conduct in carrying out an inadequate customer remediation process. It highlights the importance of banks and other financial services licensees having in place robust compliance programs and taking prompt and comprehensive action where possible non-compliance is identified. ...