ASIC has today released its enforcement outcomes report for the period 1 January 2018 to 30 June 2018.
The enforcement outcomes over that six-month period include:
Investigations |
|||
67 |
|
73 |
|
Bannings and disqualifications |
|||
68 |
20 |
||
Prosecutions |
|||
|
13 |
210 |
|
176 |
342 |
||
Civil penalties |
|||
$20.44 million |
$256.69 million |
||
Infringement notices, compensation and enforceable undertakings |
|||
16 |
$213,000 |
||
12 |
|
$7.57 million |
The report presents key actions taken over the past six months to enforce the law and support our enforcement objectives. These matters relate to several ongoing areas of focus, presented by the areas we enforce:
Corporate governance
- Holding gatekeepers to account (Daniel Panrucker, Paul Tattersall)
Financial services
- Consumer credit (Esanda-ANZ)
- Unconscionable and misleading and deceptive conduct (Malouf Group Enterprises and Jordan Malouf, Spaceship Financial Services and Tidswell Financial Services)
Market integrity
- Financial benchmarks (BBSW–CBA and BBSW–Westpac)
- Market manipulation (Stefan Boitcheff)
- Protecting investors (AGM Markets, OT Markets and Ozifin)
- Listing standards (Mark Kawecki)
Small business
- Illegal phoenix activity (Amy Timko)
This edition of the report provides a summary of ASIC's work in relation to self-managed superannuation fund (SMSF) auditors. Since 1 July 2013, we have worked closely with the Australian Taxation Office as co-regulators of SMSF auditors to promote confidence and sound practices in the SMSF sector. We have reviewed over 120 matters in relation to SMSF auditors, of which 76 were removed from the register and 24 had further conditions imposed on their registrations.
Outlined in the report are priority areas that we will have a particular focus on over the next six months. These include, but are not limited to:
- poor financial reporting by listed companies and other public interest entities
- the quality of audits of listed companies and other public interest entities
- responsible lending practices requiring credit licensees to make reasonable inquiries about a customer’s financial situation
- the responsibility of AFS licensees to monitor and supervise the advice of their financial advice representatives
- financial benchmark integrity—to ensure the adequacy and robustness of the systems and controls in bank bill trading and foreign exchange businesses.
ASIC Commissioner Cathie Amour said, 'ASIC's enforcement work plays an important role in promoting trust and integrity in the financial system, which in turn ensures that all Australians can enjoy the benefits of a strong economy. This report highlights how we use our regulatory tools to address misconduct in the financial system.'
Download
- Report 585, ASIC enforcement outcomes: January to June 2018