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        <title>AdviserVoiceSarah Court Archives - AdviserVoice</title>
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                <title>ASIC secures record $830 million in civil penalties orders and $644 million back to Australians in 2025-26</title>
                <link>https://www.adviservoice.com.au/2026/07/asic-secures-record-830-million-in-civil-penalties-orders-and-644-million-back-to-australians-in-2025-26/</link>
                <comments>https://www.adviservoice.com.au/2026/07/asic-secures-record-830-million-in-civil-penalties-orders-and-644-million-back-to-australians-in-2025-26/#respond</comments>
                <pubDate>Mon, 20 Jul 2026 20:55:50 +0000</pubDate>
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                		<category><![CDATA[Regulation/Reform]]></category>
		<category><![CDATA[Sarah Court]]></category>
                <guid isPermaLink="false">https://www.adviservoice.com.au/?p=112685</guid>
                                    <description><![CDATA[<header class="media-release"></header>
<div id="nh-article-body" class="page-content">
<div id="attachment_107722" style="width: 660px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-107722" class="size-full wp-image-107722" src="https://www.adviservoice.com.au/wp-content/uploads/2025/11/court-sarah-650.jpg" alt="" width="650" height="350" srcset="https://www.adviservoice.com.au/wp-content/uploads/2025/11/court-sarah-650.jpg 650w, https://www.adviservoice.com.au/wp-content/uploads/2025/11/court-sarah-650-300x162.jpg 300w, https://www.adviservoice.com.au/wp-content/uploads/2025/11/court-sarah-650-400x215.jpg 400w" sizes="(max-width: 650px) 100vw, 650px" /><p id="caption-attachment-107722" class="wp-caption-text">Sarah Court</p></div>
<h3>ASIC has delivered one of its strongest enforcement periods on record, securing major penalties and driving tens of millions in payments back to Australians in the first half of 2026.</h3>
<p>From January to June 2026, ASIC secured court orders totalling $480 million<strong><sup>#</sup></strong> in civil penalties against major banks, super trustees, market participants and financial services firms, including Union Standard, HSBC, Westpac, Macquarie Securities, and Mercer Super.</p>
<p>Together with the $350 million ordered in the first half, ASIC’s civil penalties orders now total $830 million for the 2025-2026 financial year.</p>
<p>In connection with ASIC’s work, $644 million<strong><sup>*</sup></strong> is being paid back to Australians, including more than $61 million announced in the first half of 2026, on top of the $583 million announced between June and December 2025.</p>
<p>ASIC Chair Sarah Court said, ‘Our enforcement work is focused on misconduct that causes real harm and we are delivering results, forcing change, strengthening accountability, and returning money to consumers and investors.</p>
<p>‘We are pursuing cases that expose serious failures in systems, governance and conduct, from scams and hardship failures to market infrastructure, superannuation, private credit, financial reporting, and digital assets.&#8217;</p>
<p>ASIC’s criminal enforcement program also continues to deliver, with recent court outcomes and investigations achieving significant jail sentences holding those who broke Australia’s financial services laws to account.</p>
<p>In May, former Sydney fund manager Rodney Forrest was resentenced by the Full Federal Court to five years and three months jail imprisonment for a $3 million insider trading scheme involving Platinum Asset Management shares. Former financial advisor Anthony Torre was sentenced in January to six years in prison for fraud involving the misappropriation of superannuation funds. Remedy Housing officials Brent Smith, Mahmoud Khodr, and Fue Mano were sentenced to lengthy prison in March for dishonesty offences.</p>
<p>Overall, there has been an uplift in ASIC’s criminal convictions and custodial sentences with 25 criminal convictions, of these 21 were custodial sentences, including 11 individuals sentenced to imprisonment.</p>
<p>ASIC’s enforcement and regulatory figures from July 2025 to June 2026 reveals:</p>
<ul>
<li>$830 million in civil penalties imposed by courts</li>
<li>$643.5 million to be delivered back to tens of thousands of customers and investors as part of remediation, refunds, and payments in connection with ASIC’s work</li>
<li>ASIC launched more than 250 investigations</li>
<li>25 criminal convictions comprised of 21 custodial sentences (including 11 individuals sentenced to imprisonment) and four were non-custodial sentences</li>
<li>32 new civil proceedings were filed, 18 new criminal prosecutions commenced, and 25 criminal convictions were recorded against individuals</li>
<li>$12 million in infringement notices and $137,315 in criminal fines.</li>
</ul>
<p>Some of the major civil penalties follow ASIC’s successful enforcement action against:</p>
<ul>
<li>Union Standard International Group was ordered to pay a record $300 million penalty for serious contracts for difference (CFD) misconduct and failures affecting retail investors</li>
<li>HSBC Bank Australia admitted scam protection failures, with ASIC securing a $35 million penalty. Macquarie Securities was ordered to pay a $35 million penalty for systemic failures that led to the misreporting of millions of short sales and inaccurate market data.</li>
<li>Westpac was ordered to pay a $26 million penalty for widespread failures in responding to customer hardship requests</li>
<li>Walker Stores (Snaffle) was ordered to pay a $33.5 million penalty for unlawful credit practices that overcharged consumers almost $20 million in excess interest</li>
<li>Mercer Super was ordered to pay $10.3 million in penalties for systemic reporting failures, including failing to report significant breaches to ASIC</li>
</ul>
<p>In connection with its work, ASIC also:</p>
<ul>
<li>ASIC secured nearly $40 million in refunds to CFD investors</li>
<li>Following ASIC’s investigation, HSBC has established a large-scale remediation program that, to date, has paid around $21.5 million in compensation, with further payments to come before the end of July 2026. HSBC has also recovered $6.5 million and returned those funds to customers.</li>
</ul>
<p>‘ASIC has delivered record penalties and strong criminal outcomes, but enforcement is not just about punishment. It is about detecting misconduct sooner, preventing harm where we can, and securing remediation for those affected,’ the Chair said.</p>
<p>‘Our focus is on protecting investors, returning money where possible, and holding lawbreakers to account. Where we see serious harm or risks to market integrity, we will act quickly and use the full range of regulatory and enforcement tools available to us.’</p>
<h2>Background</h2>
<p><strong><sup>#</sup></strong>The figure of $480 million reflects civil penalties ordered by courts between 1 Jan 2026 and 30 June 2026. It does not include proposed or agreed civil penalties that remain subject to court approval in 2026.</p>
<p><strong><sup>*</sup></strong>The figure of $644 million reflects announcements in the reporting period in connection with ASIC’s work. Payments may occur before or after the reporting period and totals may be updated as programs progress.</p>
<p>ASIC Media Release outlining penalties secured:</p>
<ul>
<li><a title="26-136MR ASIC secures $10.3 million in penalties against Mercer Super for systemic reporting failures" href="https://www.asic.gov.au/about-asic/news-centre/find-a-media-release/2026-releases/26-136mr-asic-secures-10-3-million-in-penalties-against-mercer-super-for-systemic-reporting-failures/">26-136MR ASIC secures $10.3 million in penalties against Mercer Super for systemic reporting failures</a></li>
<li><a title="26-126MR $35 million penalty sought as HSBC admits to scam protection failures, and implements compensation plan" href="https://www.asic.gov.au/about-asic/news-centre/find-a-media-release/2026-releases/26-126mr-35-million-penalty-sought-as-hsbc-admits-to-scam-protection-failures-and-implements-compensation-plan/">26-126MR $35 million penalty sought as HSBC admits to scam protection failures, and implements compensation plan</a></li>
<li><a title="26-117MR Federal Court orders record $300 million penalties in ASIC’s case over ‘egregious’ Union Standard and CFD operator misconduct" href="https://www.asic.gov.au/about-asic/news-centre/find-a-media-release/2026-releases/26-117mr-federal-court-orders-record-300-million-penalties-in-asic-s-case-over-egregious-union-standard-and-cfd-operator-misconduct/">26-117MR Federal Court orders record $300 million penalties in ASIC’s case over ‘egregious’ Union Standard and CFD operator misconduct</a></li>
<li><a title="26-107MR Federal Court orders Westpac to pay $26 million penalty for hardship failures" href="https://www.asic.gov.au/about-asic/news-centre/find-a-media-release/2026-releases/26-107mr-federal-court-orders-westpac-to-pay-26-million-penalty-for-hardship-failures/">26-107MR Federal Court orders Westpac to pay $26 million penalty for hardship failures</a></li>
<li><a title="26-099MR Federal Court orders $33.5 million penalty against Snaffle operator for inflating prices and overcharging on credit contracts" href="https://www.asic.gov.au/about-asic/news-centre/find-a-media-release/2026-releases/26-099mr-federal-court-orders-33-5-million-penalty-against-snaffle-operator-for-inflating-prices-and-overcharging-on-credit-contracts/">26-099MR Federal Court orders $33.5 million penalty against Snaffle operator for inflating prices and overcharging on credit contracts</a></li>
<li><a title="26-084MR Federal Court orders Money3 to pay $1.55 million penalty for responsible lending breaches" href="https://www.asic.gov.au/about-asic/news-centre/find-a-media-release/2026-releases/26-084mr-federal-court-orders-money3-to-pay-1-55-million-penalty-for-responsible-lending-breaches/">26-084MR Federal Court orders Money3 to pay $1.55 million penalty for responsible lending breaches</a></li>
<li><a title="26-097MR ASIC appeals $7 million penalty in Cigno Australia, BSF Solutions, and directors’ case" href="https://www.asic.gov.au/about-asic/news-centre/find-a-media-release/2026-releases/26-097mr-asic-appeals-7-million-penalty-in-cigno-australia-bsf-solutions-and-directors-case/">26-097MR ASIC appeals $7 million penalty in Cigno Australia, BSF Solutions, and directors’ case</a></li>
<li><a title="26-068MR Electro Optic Systems Holdings ordered to pay $4 million penalty for continuous disclosure breaches" href="https://www.asic.gov.au/about-asic/news-centre/find-a-media-release/2026-releases/26-068mr-electro-optic-systems-holdings-ordered-to-pay-4-million-penalty-for-continuous-disclosure-breaches/">26-068MR Electro Optic Systems Holdings ordered to pay $4 million penalty for continuous disclosure breaches</a></li>
<li><a title="26-055MR Binance Australia Derivatives ordered to pay $10 million penalty for onboarding failures causing millions in client trading losses" href="https://www.asic.gov.au/about-asic/news-centre/find-a-media-release/2026-releases/26-055mr-binance-australia-derivatives-ordered-to-pay-10-million-penalty-for-onboarding-failures-causing-millions-in-client-trading-losses/">26-055MR Binance Australia Derivatives ordered to pay $10 million penalty for onboarding failures causing millions in client trading losses</a></li>
<li><a title="26-050MR Supreme Court orders Macquarie Securities to pay $35 million penalty in short sale misreporting case" href="https://www.asic.gov.au/about-asic/news-centre/find-a-media-release/2026-releases/26-050mr-supreme-court-orders-macquarie-securities-to-pay-35-million-penalty-in-short-sale-misreporting-case/">26-050MR Supreme Court orders Macquarie Securities to pay $35 million penalty in short sale misreporting case</a></li>
</ul>
<p>ASIC Media Releases outlining remediation back to customers</p>
<ul>
<li><a title="26-004MR ASIC secures nearly $40 million in refunds to investors and drives change after CFD sector falls short" href="https://www.asic.gov.au/about-asic/news-centre/find-a-media-release/2026-releases/26-004mr-asic-secures-nearly-40-million-in-refunds-to-investors-and-drives-change-after-cfd-sector-falls-short/">26-004MR ASIC secures nearly $40 million in refunds to investors and drives change after CFD sector falls short</a></li>
<li><a title="26-127MR Federal Court orders $35 million penalty against HSBC for scam protection failures" href="https://www.asic.gov.au/about-asic/news-centre/find-a-media-release/2026-releases/26-127mr-federal-court-orders-35-million-penalty-against-hsbc-for-scam-protection-failures/">26-127MR Federal Court orders $35 million penalty against HSBC for scam protection failures</a></li>
</ul>
</div>
]]></description>
                                            <content:encoded><![CDATA[<header class="media-release"></header>
<div id="nh-article-body" class="page-content">
<div id="attachment_107722" style="width: 660px" class="wp-caption alignnone"><img decoding="async" aria-describedby="caption-attachment-107722" class="size-full wp-image-107722" src="https://www.adviservoice.com.au/wp-content/uploads/2025/11/court-sarah-650.jpg" alt="" width="650" height="350" srcset="https://www.adviservoice.com.au/wp-content/uploads/2025/11/court-sarah-650.jpg 650w, https://www.adviservoice.com.au/wp-content/uploads/2025/11/court-sarah-650-300x162.jpg 300w, https://www.adviservoice.com.au/wp-content/uploads/2025/11/court-sarah-650-400x215.jpg 400w" sizes="(max-width: 650px) 100vw, 650px" /><p id="caption-attachment-107722" class="wp-caption-text">Sarah Court</p></div>
<h3>ASIC has delivered one of its strongest enforcement periods on record, securing major penalties and driving tens of millions in payments back to Australians in the first half of 2026.</h3>
<p>From January to June 2026, ASIC secured court orders totalling $480 million<strong><sup>#</sup></strong> in civil penalties against major banks, super trustees, market participants and financial services firms, including Union Standard, HSBC, Westpac, Macquarie Securities, and Mercer Super.</p>
<p>Together with the $350 million ordered in the first half, ASIC’s civil penalties orders now total $830 million for the 2025-2026 financial year.</p>
<p>In connection with ASIC’s work, $644 million<strong><sup>*</sup></strong> is being paid back to Australians, including more than $61 million announced in the first half of 2026, on top of the $583 million announced between June and December 2025.</p>
<p>ASIC Chair Sarah Court said, ‘Our enforcement work is focused on misconduct that causes real harm and we are delivering results, forcing change, strengthening accountability, and returning money to consumers and investors.</p>
<p>‘We are pursuing cases that expose serious failures in systems, governance and conduct, from scams and hardship failures to market infrastructure, superannuation, private credit, financial reporting, and digital assets.&#8217;</p>
<p>ASIC’s criminal enforcement program also continues to deliver, with recent court outcomes and investigations achieving significant jail sentences holding those who broke Australia’s financial services laws to account.</p>
<p>In May, former Sydney fund manager Rodney Forrest was resentenced by the Full Federal Court to five years and three months jail imprisonment for a $3 million insider trading scheme involving Platinum Asset Management shares. Former financial advisor Anthony Torre was sentenced in January to six years in prison for fraud involving the misappropriation of superannuation funds. Remedy Housing officials Brent Smith, Mahmoud Khodr, and Fue Mano were sentenced to lengthy prison in March for dishonesty offences.</p>
<p>Overall, there has been an uplift in ASIC’s criminal convictions and custodial sentences with 25 criminal convictions, of these 21 were custodial sentences, including 11 individuals sentenced to imprisonment.</p>
<p>ASIC’s enforcement and regulatory figures from July 2025 to June 2026 reveals:</p>
<ul>
<li>$830 million in civil penalties imposed by courts</li>
<li>$643.5 million to be delivered back to tens of thousands of customers and investors as part of remediation, refunds, and payments in connection with ASIC’s work</li>
<li>ASIC launched more than 250 investigations</li>
<li>25 criminal convictions comprised of 21 custodial sentences (including 11 individuals sentenced to imprisonment) and four were non-custodial sentences</li>
<li>32 new civil proceedings were filed, 18 new criminal prosecutions commenced, and 25 criminal convictions were recorded against individuals</li>
<li>$12 million in infringement notices and $137,315 in criminal fines.</li>
</ul>
<p>Some of the major civil penalties follow ASIC’s successful enforcement action against:</p>
<ul>
<li>Union Standard International Group was ordered to pay a record $300 million penalty for serious contracts for difference (CFD) misconduct and failures affecting retail investors</li>
<li>HSBC Bank Australia admitted scam protection failures, with ASIC securing a $35 million penalty. Macquarie Securities was ordered to pay a $35 million penalty for systemic failures that led to the misreporting of millions of short sales and inaccurate market data.</li>
<li>Westpac was ordered to pay a $26 million penalty for widespread failures in responding to customer hardship requests</li>
<li>Walker Stores (Snaffle) was ordered to pay a $33.5 million penalty for unlawful credit practices that overcharged consumers almost $20 million in excess interest</li>
<li>Mercer Super was ordered to pay $10.3 million in penalties for systemic reporting failures, including failing to report significant breaches to ASIC</li>
</ul>
<p>In connection with its work, ASIC also:</p>
<ul>
<li>ASIC secured nearly $40 million in refunds to CFD investors</li>
<li>Following ASIC’s investigation, HSBC has established a large-scale remediation program that, to date, has paid around $21.5 million in compensation, with further payments to come before the end of July 2026. HSBC has also recovered $6.5 million and returned those funds to customers.</li>
</ul>
<p>‘ASIC has delivered record penalties and strong criminal outcomes, but enforcement is not just about punishment. It is about detecting misconduct sooner, preventing harm where we can, and securing remediation for those affected,’ the Chair said.</p>
<p>‘Our focus is on protecting investors, returning money where possible, and holding lawbreakers to account. Where we see serious harm or risks to market integrity, we will act quickly and use the full range of regulatory and enforcement tools available to us.’</p>
<h2>Background</h2>
<p><strong><sup>#</sup></strong>The figure of $480 million reflects civil penalties ordered by courts between 1 Jan 2026 and 30 June 2026. It does not include proposed or agreed civil penalties that remain subject to court approval in 2026.</p>
<p><strong><sup>*</sup></strong>The figure of $644 million reflects announcements in the reporting period in connection with ASIC’s work. Payments may occur before or after the reporting period and totals may be updated as programs progress.</p>
<p>ASIC Media Release outlining penalties secured:</p>
<ul>
<li><a title="26-136MR ASIC secures $10.3 million in penalties against Mercer Super for systemic reporting failures" href="https://www.asic.gov.au/about-asic/news-centre/find-a-media-release/2026-releases/26-136mr-asic-secures-10-3-million-in-penalties-against-mercer-super-for-systemic-reporting-failures/">26-136MR ASIC secures $10.3 million in penalties against Mercer Super for systemic reporting failures</a></li>
<li><a title="26-126MR $35 million penalty sought as HSBC admits to scam protection failures, and implements compensation plan" href="https://www.asic.gov.au/about-asic/news-centre/find-a-media-release/2026-releases/26-126mr-35-million-penalty-sought-as-hsbc-admits-to-scam-protection-failures-and-implements-compensation-plan/">26-126MR $35 million penalty sought as HSBC admits to scam protection failures, and implements compensation plan</a></li>
<li><a title="26-117MR Federal Court orders record $300 million penalties in ASIC’s case over ‘egregious’ Union Standard and CFD operator misconduct" href="https://www.asic.gov.au/about-asic/news-centre/find-a-media-release/2026-releases/26-117mr-federal-court-orders-record-300-million-penalties-in-asic-s-case-over-egregious-union-standard-and-cfd-operator-misconduct/">26-117MR Federal Court orders record $300 million penalties in ASIC’s case over ‘egregious’ Union Standard and CFD operator misconduct</a></li>
<li><a title="26-107MR Federal Court orders Westpac to pay $26 million penalty for hardship failures" href="https://www.asic.gov.au/about-asic/news-centre/find-a-media-release/2026-releases/26-107mr-federal-court-orders-westpac-to-pay-26-million-penalty-for-hardship-failures/">26-107MR Federal Court orders Westpac to pay $26 million penalty for hardship failures</a></li>
<li><a title="26-099MR Federal Court orders $33.5 million penalty against Snaffle operator for inflating prices and overcharging on credit contracts" href="https://www.asic.gov.au/about-asic/news-centre/find-a-media-release/2026-releases/26-099mr-federal-court-orders-33-5-million-penalty-against-snaffle-operator-for-inflating-prices-and-overcharging-on-credit-contracts/">26-099MR Federal Court orders $33.5 million penalty against Snaffle operator for inflating prices and overcharging on credit contracts</a></li>
<li><a title="26-084MR Federal Court orders Money3 to pay $1.55 million penalty for responsible lending breaches" href="https://www.asic.gov.au/about-asic/news-centre/find-a-media-release/2026-releases/26-084mr-federal-court-orders-money3-to-pay-1-55-million-penalty-for-responsible-lending-breaches/">26-084MR Federal Court orders Money3 to pay $1.55 million penalty for responsible lending breaches</a></li>
<li><a title="26-097MR ASIC appeals $7 million penalty in Cigno Australia, BSF Solutions, and directors’ case" href="https://www.asic.gov.au/about-asic/news-centre/find-a-media-release/2026-releases/26-097mr-asic-appeals-7-million-penalty-in-cigno-australia-bsf-solutions-and-directors-case/">26-097MR ASIC appeals $7 million penalty in Cigno Australia, BSF Solutions, and directors’ case</a></li>
<li><a title="26-068MR Electro Optic Systems Holdings ordered to pay $4 million penalty for continuous disclosure breaches" href="https://www.asic.gov.au/about-asic/news-centre/find-a-media-release/2026-releases/26-068mr-electro-optic-systems-holdings-ordered-to-pay-4-million-penalty-for-continuous-disclosure-breaches/">26-068MR Electro Optic Systems Holdings ordered to pay $4 million penalty for continuous disclosure breaches</a></li>
<li><a title="26-055MR Binance Australia Derivatives ordered to pay $10 million penalty for onboarding failures causing millions in client trading losses" href="https://www.asic.gov.au/about-asic/news-centre/find-a-media-release/2026-releases/26-055mr-binance-australia-derivatives-ordered-to-pay-10-million-penalty-for-onboarding-failures-causing-millions-in-client-trading-losses/">26-055MR Binance Australia Derivatives ordered to pay $10 million penalty for onboarding failures causing millions in client trading losses</a></li>
<li><a title="26-050MR Supreme Court orders Macquarie Securities to pay $35 million penalty in short sale misreporting case" href="https://www.asic.gov.au/about-asic/news-centre/find-a-media-release/2026-releases/26-050mr-supreme-court-orders-macquarie-securities-to-pay-35-million-penalty-in-short-sale-misreporting-case/">26-050MR Supreme Court orders Macquarie Securities to pay $35 million penalty in short sale misreporting case</a></li>
</ul>
<p>ASIC Media Releases outlining remediation back to customers</p>
<ul>
<li><a title="26-004MR ASIC secures nearly $40 million in refunds to investors and drives change after CFD sector falls short" href="https://www.asic.gov.au/about-asic/news-centre/find-a-media-release/2026-releases/26-004mr-asic-secures-nearly-40-million-in-refunds-to-investors-and-drives-change-after-cfd-sector-falls-short/">26-004MR ASIC secures nearly $40 million in refunds to investors and drives change after CFD sector falls short</a></li>
<li><a title="26-127MR Federal Court orders $35 million penalty against HSBC for scam protection failures" href="https://www.asic.gov.au/about-asic/news-centre/find-a-media-release/2026-releases/26-127mr-federal-court-orders-35-million-penalty-against-hsbc-for-scam-protection-failures/">26-127MR Federal Court orders $35 million penalty against HSBC for scam protection failures</a></li>
</ul>
</div>
<p>The post <a href="https://www.adviservoice.com.au/2026/07/asic-secures-record-830-million-in-civil-penalties-orders-and-644-million-back-to-australians-in-2025-26/">ASIC secures record $830 million in civil penalties orders and $644 million back to Australians in 2025-26</a> appeared first on <a href="https://www.adviservoice.com.au">AdviserVoice</a>.</p>
]]></content:encoded>
                                    <wfw:commentRss>https://www.adviservoice.com.au/2026/07/asic-secures-record-830-million-in-civil-penalties-orders-and-644-million-back-to-australians-in-2025-26/feed/</wfw:commentRss>
                <slash:comments>0</slash:comments>                            </item>
                    <item>
                <title>New ASIC Chair</title>
                <link>https://www.adviservoice.com.au/2026/02/new-asic-chair/</link>
                <comments>https://www.adviservoice.com.au/2026/02/new-asic-chair/#respond</comments>
                <pubDate>Tue, 03 Feb 2026 20:13:12 +0000</pubDate>
                <dc:creator>
                                    </dc:creator>
                		<category><![CDATA[Regulation/Reform]]></category>
		<category><![CDATA[Joe Longo]]></category>
		<category><![CDATA[Sarah Court]]></category>
                <guid isPermaLink="false">https://www.adviservoice.com.au/?p=109111</guid>
                                    <description><![CDATA[<div id="attachment_107722" style="width: 660px" class="wp-caption alignnone"><img decoding="async" aria-describedby="caption-attachment-107722" class="size-full wp-image-107722" src="https://www.adviservoice.com.au/wp-content/uploads/2025/11/court-sarah-650.jpg" alt="" width="650" height="350" srcset="https://www.adviservoice.com.au/wp-content/uploads/2025/11/court-sarah-650.jpg 650w, https://www.adviservoice.com.au/wp-content/uploads/2025/11/court-sarah-650-300x162.jpg 300w, https://www.adviservoice.com.au/wp-content/uploads/2025/11/court-sarah-650-400x215.jpg 400w" sizes="(max-width: 650px) 100vw, 650px" /><p id="caption-attachment-107722" class="wp-caption-text">Sarah Court</p></div>
<h3>ASIC Chair Joe Longo has welcomed the appointment of Sarah Court as the agency’s incoming Chair.</h3>
<p>Mr Longo said Ms Court would bring deep regulatory expertise to the role from her career of public service.</p>
<p>‘Sarah is an exceptional regulator with a strong record in enforcement that demonstrates her integrity and impact,’ Mr Longo said.</p>
<p>‘Her work as ASIC’s Deputy Chair has been instrumental to the success of the agency’s structural transformation that has strengthened our enforcement posture and work, leading to better outcomes for consumers and a fairer financial system.</p>
<p>‘ASIC will be in very capable hands under her leadership.</p>
<p>‘Over the coming months, I will support Sarah, the Commission and all our staff to ensure a smooth and orderly transition.’</p>
<p>Sarah Court commences as ASIC Chair on 1 June 2026.</p>
]]></description>
                                            <content:encoded><![CDATA[<div id="attachment_107722" style="width: 660px" class="wp-caption alignnone"><img loading="lazy" decoding="async" aria-describedby="caption-attachment-107722" class="size-full wp-image-107722" src="https://www.adviservoice.com.au/wp-content/uploads/2025/11/court-sarah-650.jpg" alt="" width="650" height="350" srcset="https://www.adviservoice.com.au/wp-content/uploads/2025/11/court-sarah-650.jpg 650w, https://www.adviservoice.com.au/wp-content/uploads/2025/11/court-sarah-650-300x162.jpg 300w, https://www.adviservoice.com.au/wp-content/uploads/2025/11/court-sarah-650-400x215.jpg 400w" sizes="auto, (max-width: 650px) 100vw, 650px" /><p id="caption-attachment-107722" class="wp-caption-text">Sarah Court</p></div>
<h3>ASIC Chair Joe Longo has welcomed the appointment of Sarah Court as the agency’s incoming Chair.</h3>
<p>Mr Longo said Ms Court would bring deep regulatory expertise to the role from her career of public service.</p>
<p>‘Sarah is an exceptional regulator with a strong record in enforcement that demonstrates her integrity and impact,’ Mr Longo said.</p>
<p>‘Her work as ASIC’s Deputy Chair has been instrumental to the success of the agency’s structural transformation that has strengthened our enforcement posture and work, leading to better outcomes for consumers and a fairer financial system.</p>
<p>‘ASIC will be in very capable hands under her leadership.</p>
<p>‘Over the coming months, I will support Sarah, the Commission and all our staff to ensure a smooth and orderly transition.’</p>
<p>Sarah Court commences as ASIC Chair on 1 June 2026.</p>
<p>The post <a href="https://www.adviservoice.com.au/2026/02/new-asic-chair/">New ASIC Chair</a> appeared first on <a href="https://www.adviservoice.com.au">AdviserVoice</a>.</p>
]]></content:encoded>
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                <slash:comments>0</slash:comments>                            </item>
                    <item>
                <title>ASIC announces 2026 enforcement priorities</title>
                <link>https://www.adviservoice.com.au/2025/11/asic-announces-2026-enforcement-priorities/</link>
                <comments>https://www.adviservoice.com.au/2025/11/asic-announces-2026-enforcement-priorities/#respond</comments>
                <pubDate>Thu, 13 Nov 2025 20:25:48 +0000</pubDate>
                <dc:creator>
                                    </dc:creator>
                		<category><![CDATA[Regulation/Reform]]></category>
		<category><![CDATA[Sarah Court]]></category>
                <guid isPermaLink="false">https://www.adviservoice.com.au/?p=107721</guid>
                                    <description><![CDATA[<header class="media-release"></header>
<div id="nh-article-body" class="page-content">
<div id="attachment_107722" style="width: 660px" class="wp-caption alignnone"><img loading="lazy" decoding="async" aria-describedby="caption-attachment-107722" class="size-full wp-image-107722" src="https://www.adviservoice.com.au/wp-content/uploads/2025/11/court-sarah-650.jpg" alt="" width="650" height="350" srcset="https://www.adviservoice.com.au/wp-content/uploads/2025/11/court-sarah-650.jpg 650w, https://www.adviservoice.com.au/wp-content/uploads/2025/11/court-sarah-650-300x162.jpg 300w, https://www.adviservoice.com.au/wp-content/uploads/2025/11/court-sarah-650-400x215.jpg 400w" sizes="auto, (max-width: 650px) 100vw, 650px" /><p id="caption-attachment-107722" class="wp-caption-text">Sarah Court</p></div>
<h3>Private credit practices, financial reporting misconduct, insurance complaints and claims handling, and misleading pricing are among a range of new enforcement priorities ASIC has unveiled for 2026.</h3>
<p>ASIC Deputy Chair Sarah Court said <a title="ASIC enforcement priorities" href="https://www.asic.gov.au/about-asic/asic-investigations-and-enforcement/asic-enforcement-priorities/">ASIC’s 2026 enforcement priorities</a> have been designed to protect consumers from financial harm and uphold the integrity of Australia’s financial markets.</p>
<p>‘We are continuing to deliver strong, visible and active enforcement outcomes.</p>
<p>&#8216;We’re doing more investigations, taking more matters to court and securing record penalties.</p>
<p>‘In the last 12 months, we’ve doubled the number of new investigations and nearly doubled the number of new matters filed in court.</p>
<p>‘We’ve also worked hard to increase our criminal prosecutions, and seen lengthy sentences imposed for financial fraud offences,’ the Deputy Chair said.</p>
<p>In 2026, ASIC’s new enforcement priorities are:</p>
<ul>
<li>Misleading pricing practices impacting cost of living for Australians</li>
<li>Poor private credit practices</li>
<li>Financial reporting misconduct including failure to lodge financial reports</li>
<li>Claims and complaint handling failures by insurers</li>
<li>Continuing our work to hold those responsible to account for the collapse of the Shield and First Guardian Master Funds</li>
</ul>
<p>Continuing enforcement priorities are:</p>
<ul>
<li>Strengthening investigation and prosecution of insider trading conduct</li>
<li>Misconduct exploiting consumers facing financial difficulty including predatory credit practices</li>
<li>Unlawful practices seeking to evade small business creditors</li>
<li>Holding super trustees to account for member services failures</li>
<li>Auditor misconduct</li>
</ul>
<p>‘Our 2026 enforcement priorities reflect emerging risks like those in private credit, as well as the challenges Australians face while contending with higher living costs.</p>
<p>‘ASIC will zero in on misleading pricing practices in the financial services sector, particularly those that make everyday costs harder for Australians.</p>
<p>‘In line with our increased surveillance across private credit, we won’t hesitate to take enforcement action to stamp out misconduct in the sector so we can support confident and informed participation, investor protection and market integrity.</p>
<p>‘Reliable financial information remains more important than ever, particularly as entities with unlisted assets, such as super funds and private credit funds, play a bigger role in the economy. In 2026, we will step up enforcement action against financial reporting misconduct.</p>
<p>Alongside these priorities, more than 40 people are continuing to investigate the collapse of the Shield and First Guardian Master Funds and, as one of ASIC’s largest and most complex cases ever, it has been elevated to a new, dedicated priority.</p>
<p>‘We have been focused on returning available money to investors and the next stage is holding those responsible to account for the Shield and First Guardian collapses’, the Deputy Chair said.</p>
<p>Key enforcement outcomes over the past year include:</p>
<ul>
<li>Proposing $240 million in combined penalties against ANZ which, if imposed by the court, would be the largest penalties ASIC has ever levelled against a single entity.</li>
<li>Filing proceedings against Macquarie and accepting a court enforceable undertaking to repay $320 million to affected Shield Master Fund investors.</li>
<li>Securing a 14-year prison sentence for West Australian fraudster Chris Marco; the highest sentence imposed by an Australian court in relation to an ASIC criminal investigation.</li>
</ul>
<p>ASIC’s enforcement priorities for 2026 are designed to send a clear and effective signal to the market about where ASIC will focus its resources and expertise.</p>
<p>In addition to ASIC’s 2026 enforcement priorities, ASIC’s enduring priorities remain, including protecting First Nations and vulnerable consumers, upholding market integrity, acting against systemic failures, and ensuring a fair, strong, and efficient financial system for all Australians.</p>
<h2>Background</h2>
<p>ASIC’s goal is to help all Australians through promoting market integrity and consumer protection in the Australian financial system.</p>
<p>We take decisive and high-profile enforcement action to protect consumers, address misconduct, punish wrongdoers, and, importantly, reduce the risk of misconduct in the markets and sectors we regulate.</p>
</div>
]]></description>
                                            <content:encoded><![CDATA[<header class="media-release"></header>
<div id="nh-article-body" class="page-content">
<div id="attachment_107722" style="width: 660px" class="wp-caption alignnone"><img loading="lazy" decoding="async" aria-describedby="caption-attachment-107722" class="size-full wp-image-107722" src="https://www.adviservoice.com.au/wp-content/uploads/2025/11/court-sarah-650.jpg" alt="" width="650" height="350" srcset="https://www.adviservoice.com.au/wp-content/uploads/2025/11/court-sarah-650.jpg 650w, https://www.adviservoice.com.au/wp-content/uploads/2025/11/court-sarah-650-300x162.jpg 300w, https://www.adviservoice.com.au/wp-content/uploads/2025/11/court-sarah-650-400x215.jpg 400w" sizes="auto, (max-width: 650px) 100vw, 650px" /><p id="caption-attachment-107722" class="wp-caption-text">Sarah Court</p></div>
<h3>Private credit practices, financial reporting misconduct, insurance complaints and claims handling, and misleading pricing are among a range of new enforcement priorities ASIC has unveiled for 2026.</h3>
<p>ASIC Deputy Chair Sarah Court said <a title="ASIC enforcement priorities" href="https://www.asic.gov.au/about-asic/asic-investigations-and-enforcement/asic-enforcement-priorities/">ASIC’s 2026 enforcement priorities</a> have been designed to protect consumers from financial harm and uphold the integrity of Australia’s financial markets.</p>
<p>‘We are continuing to deliver strong, visible and active enforcement outcomes.</p>
<p>&#8216;We’re doing more investigations, taking more matters to court and securing record penalties.</p>
<p>‘In the last 12 months, we’ve doubled the number of new investigations and nearly doubled the number of new matters filed in court.</p>
<p>‘We’ve also worked hard to increase our criminal prosecutions, and seen lengthy sentences imposed for financial fraud offences,’ the Deputy Chair said.</p>
<p>In 2026, ASIC’s new enforcement priorities are:</p>
<ul>
<li>Misleading pricing practices impacting cost of living for Australians</li>
<li>Poor private credit practices</li>
<li>Financial reporting misconduct including failure to lodge financial reports</li>
<li>Claims and complaint handling failures by insurers</li>
<li>Continuing our work to hold those responsible to account for the collapse of the Shield and First Guardian Master Funds</li>
</ul>
<p>Continuing enforcement priorities are:</p>
<ul>
<li>Strengthening investigation and prosecution of insider trading conduct</li>
<li>Misconduct exploiting consumers facing financial difficulty including predatory credit practices</li>
<li>Unlawful practices seeking to evade small business creditors</li>
<li>Holding super trustees to account for member services failures</li>
<li>Auditor misconduct</li>
</ul>
<p>‘Our 2026 enforcement priorities reflect emerging risks like those in private credit, as well as the challenges Australians face while contending with higher living costs.</p>
<p>‘ASIC will zero in on misleading pricing practices in the financial services sector, particularly those that make everyday costs harder for Australians.</p>
<p>‘In line with our increased surveillance across private credit, we won’t hesitate to take enforcement action to stamp out misconduct in the sector so we can support confident and informed participation, investor protection and market integrity.</p>
<p>‘Reliable financial information remains more important than ever, particularly as entities with unlisted assets, such as super funds and private credit funds, play a bigger role in the economy. In 2026, we will step up enforcement action against financial reporting misconduct.</p>
<p>Alongside these priorities, more than 40 people are continuing to investigate the collapse of the Shield and First Guardian Master Funds and, as one of ASIC’s largest and most complex cases ever, it has been elevated to a new, dedicated priority.</p>
<p>‘We have been focused on returning available money to investors and the next stage is holding those responsible to account for the Shield and First Guardian collapses’, the Deputy Chair said.</p>
<p>Key enforcement outcomes over the past year include:</p>
<ul>
<li>Proposing $240 million in combined penalties against ANZ which, if imposed by the court, would be the largest penalties ASIC has ever levelled against a single entity.</li>
<li>Filing proceedings against Macquarie and accepting a court enforceable undertaking to repay $320 million to affected Shield Master Fund investors.</li>
<li>Securing a 14-year prison sentence for West Australian fraudster Chris Marco; the highest sentence imposed by an Australian court in relation to an ASIC criminal investigation.</li>
</ul>
<p>ASIC’s enforcement priorities for 2026 are designed to send a clear and effective signal to the market about where ASIC will focus its resources and expertise.</p>
<p>In addition to ASIC’s 2026 enforcement priorities, ASIC’s enduring priorities remain, including protecting First Nations and vulnerable consumers, upholding market integrity, acting against systemic failures, and ensuring a fair, strong, and efficient financial system for all Australians.</p>
<h2>Background</h2>
<p>ASIC’s goal is to help all Australians through promoting market integrity and consumer protection in the Australian financial system.</p>
<p>We take decisive and high-profile enforcement action to protect consumers, address misconduct, punish wrongdoers, and, importantly, reduce the risk of misconduct in the markets and sectors we regulate.</p>
</div>
<p>The post <a href="https://www.adviservoice.com.au/2025/11/asic-announces-2026-enforcement-priorities/">ASIC announces 2026 enforcement priorities</a> appeared first on <a href="https://www.adviservoice.com.au">AdviserVoice</a>.</p>
]]></content:encoded>
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                <slash:comments>0</slash:comments>                            </item>
                    <item>
                <title>ASIC shuts down 130 investment scam websites per week</title>
                <link>https://www.adviservoice.com.au/2025/03/asic-shuts-down-130-investment-scam-websites-per-week/</link>
                <comments>https://www.adviservoice.com.au/2025/03/asic-shuts-down-130-investment-scam-websites-per-week/#respond</comments>
                <pubDate>Sun, 02 Mar 2025 20:15:48 +0000</pubDate>
                <dc:creator>
                                    </dc:creator>
                		<category><![CDATA[Regulation/Reform]]></category>
		<category><![CDATA[Sarah Court]]></category>
                <guid isPermaLink="false">https://www.adviservoice.com.au/?p=101592</guid>
                                    <description><![CDATA[<header class="media-release">
<h3><time class="nh-mr-date">5</time>Online scammers are squarely in ASIC’s cross hairs with new data revealing more than 10,000 investment scam websites and online advertisements have been shut down by the agency<sup>[1]</sup>.</h3>
</header>
<div id="nh-article-body" class="page-content">
<p>ASIC’s latest <a title="REP 804 ASIC enforcement and regulatory update: July to December 2024" href="https://asic.gov.au/regulatory-resources/find-a-document/reports/rep-804-asic-enforcement-and-regulatory-update-july-to-december-2024/" data-anchor="#">Enforcement and regulatory update</a> shows 10,240 of the most common sites removed include 7,227 fake investment platform scams, 1,564 phishing scam hyperlinks and 1,257 cryptocurrency investment scams.</p>
<p>ASIC also commenced court action against HSBC Australia in December, alleging failures to adequately protect customers scammed out of millions of dollars. This action followed ASIC reports into the anti-scam practices of 15 banks outside the major four, that found there was significant room for improvement.</p>
<p>ASIC Deputy Chair Sarah Court said since ASIC established its capability in 2023, the agency was helping shut down an average of 130 investment scam websites each week.</p>
<p>Ms Court said, ‘Scammers are using increasingly sophisticated technology to steal money from hard-working Australians with investment scams that can look shockingly legitimate.</p>
<p><span data-ccp-parastyle="paragraph">‘</span>This new data demonstrates that ASIC is making Australia safer by stamping out these scams before they reach Australians.’</p>
<p>‘ASIC will continue to protect Australians from scams by removing them before they reach consumers and holding financial institutions accountable for their scam detection and response practices.&#8217;</p>
<p>The report also highlights that in the last six months of 2024, ASIC increased its new investigations by 31%<sup>[2]</sup> to 109 new investigations, commenced 15 new court actions, and completed 376 surveillances. The update also reports ASIC was successful in the majority of its civil and criminal prosecutions, securing $46.6 million in civil penalties and 13 criminal convictions.</p>
<p>ASIC Chair Joe Longo said that the outcomes ASIC had achieved over the last six months highlighted that its organisational redesign and a refreshed executive team were having positive impacts.</p>
<p>‘The changes we have made mean ASIC is able to more efficiently process intelligence, leading to earlier commencement of investigations and surveillances,’ Mr Longo said.</p>
<p>‘We anticipate the increased number of investigations we have commenced will flow through to significant compliance, enforcement and consumer outcomes in the year ahead.</p>
<p>‘As outlined in our <a title="ASIC enforcement priorities" href="https://asic.gov.au/about-asic/asic-investigations-and-enforcement/asic-enforcement-priorities/">2025 Enforcement Priorities</a>, banks, insurance companies and superannuation trustees are on notice, and we are concerned by the inconsistencies and complacency we have observed.</p>
<p>‘Our focus on the superannuation sector was underscored recently with the Government’s announcement to raise the bar on customer service by introducing mandatory and enforceable service standards.</p>
<p>‘Using our full regulatory toolkit, we’ve focused on landmark cases and compliance action that deliver financial outcomes and protect consumers and investors,’ Mr Longo said.</p>
<p>High impact enforcement and compliance activity within the report includes:</p>
<ul>
<li>ASIC’s action against NAB for allegedly failing 345 customers who applied for hardship support (<a title="24-254MR ASIC sues NAB for failing customers facing financial hardship" href="https://asic.gov.au/about-asic/news-centre/find-a-media-release/2024-releases/24-254mr-asic-sues-nab-for-failing-customers-facing-financial-hardship/">24-254MR</a>)</li>
<li>ASIC’s action against QBE Insurance for allegedly misleading customers about pricing discounts (<a title="24-234MR ASIC alleges QBE misled customers over pricing discounts" href="https://asic.gov.au/about-asic/news-centre/find-a-media-release/2024-releases/24-234mr-asic-alleges-qbe-misled-customers-over-pricing-discounts/">24-234MR</a>)</li>
<li>ASIC’s action against Cbus trustee United Super alleging delays in processing death benefits and total and permanent disability insurance claims for more than 10,000 members and claimants (<a title="24-251MR ASIC sues Cbus alleging systemic claims handling failures" href="https://asic.gov.au/about-asic/news-centre/find-a-media-release/2024-releases/24-251mr-asic-sues-cbus-alleging-systemic-claims-handling-failures/">24-251MR</a>)</li>
<li>ASIC’s first-of-its-kind review of bank customers on low incomes who were charged high fees, and the response by banks who will refund over $28 million dollars to customers (<a title="24-153MR Big banks to refund millions in fees to low-income customers following ASIC report" href="https://asic.gov.au/about-asic/news-centre/find-a-media-release/2024-releases/24-153mr-big-banks-to-refund-millions-in-fees-to-low-income-customers-following-asic-report/">24-153MR</a>).</li>
</ul>
<p>To protect investors, ASIC also commenced legal proceedings in the Supreme Court of NSW alleging Regional Express Holdings Limited engaged in misleading and deceptive conduct and contraventions of continuous disclosure obligations.</p>
<p>ASIC’s 2025 enforcement priorities will continue to reflect the increased cost-of-living pressures faced by consumers and aim to prevent financial harm.</p>
<h2>More information</h2>
<ul>
<li><a title="REP 804 ASIC enforcement and regulatory update: July to December 2024" href="https://asic.gov.au/regulatory-resources/find-a-document/reports/rep-804-asic-enforcement-and-regulatory-update-july-to-december-2024/" data-anchor="#">REPORT 804</a> <em>ASIC enforcement and regulatory update: July to December 2024</em></li>
<li><a title="ASIC enforcement priorities" href="https://asic.gov.au/about-asic/asic-investigations-and-enforcement/asic-enforcement-priorities/">ASIC’s 2025 enforcement priorities</a></li>
<li><a title="Summary of enforcement outcomes: July to December 2024" href="https://asic.gov.au/about-asic/asic-investigations-and-enforcement/asic-enforcement-outcomes/summary-of-enforcement-outcomes-july-to-december-2024/" data-anchor="#">Summary of enforcement outcomes</a></li>
<li><a title="Regulatory developments timetable" href="https://asic.gov.au/regulatory-resources/find-a-document/regulatory-document-updates/regulatory-developments-timetable/">Regulatory developments timetable</a></li>
</ul>
<p>&#8212;&#8212;&#8212;</p>
<h6><strong>Notes:</strong><br />
[1] Since ASIC established the capability in July 2023<br />
[2] Compared to the prior corresponding period: 2H 2023</h6>
</div>
]]></description>
                                            <content:encoded><![CDATA[<header class="media-release">
<h3><time class="nh-mr-date">5</time>Online scammers are squarely in ASIC’s cross hairs with new data revealing more than 10,000 investment scam websites and online advertisements have been shut down by the agency<sup>[1]</sup>.</h3>
</header>
<div id="nh-article-body" class="page-content">
<p>ASIC’s latest <a title="REP 804 ASIC enforcement and regulatory update: July to December 2024" href="https://asic.gov.au/regulatory-resources/find-a-document/reports/rep-804-asic-enforcement-and-regulatory-update-july-to-december-2024/" data-anchor="#">Enforcement and regulatory update</a> shows 10,240 of the most common sites removed include 7,227 fake investment platform scams, 1,564 phishing scam hyperlinks and 1,257 cryptocurrency investment scams.</p>
<p>ASIC also commenced court action against HSBC Australia in December, alleging failures to adequately protect customers scammed out of millions of dollars. This action followed ASIC reports into the anti-scam practices of 15 banks outside the major four, that found there was significant room for improvement.</p>
<p>ASIC Deputy Chair Sarah Court said since ASIC established its capability in 2023, the agency was helping shut down an average of 130 investment scam websites each week.</p>
<p>Ms Court said, ‘Scammers are using increasingly sophisticated technology to steal money from hard-working Australians with investment scams that can look shockingly legitimate.</p>
<p><span data-ccp-parastyle="paragraph">‘</span>This new data demonstrates that ASIC is making Australia safer by stamping out these scams before they reach Australians.’</p>
<p>‘ASIC will continue to protect Australians from scams by removing them before they reach consumers and holding financial institutions accountable for their scam detection and response practices.&#8217;</p>
<p>The report also highlights that in the last six months of 2024, ASIC increased its new investigations by 31%<sup>[2]</sup> to 109 new investigations, commenced 15 new court actions, and completed 376 surveillances. The update also reports ASIC was successful in the majority of its civil and criminal prosecutions, securing $46.6 million in civil penalties and 13 criminal convictions.</p>
<p>ASIC Chair Joe Longo said that the outcomes ASIC had achieved over the last six months highlighted that its organisational redesign and a refreshed executive team were having positive impacts.</p>
<p>‘The changes we have made mean ASIC is able to more efficiently process intelligence, leading to earlier commencement of investigations and surveillances,’ Mr Longo said.</p>
<p>‘We anticipate the increased number of investigations we have commenced will flow through to significant compliance, enforcement and consumer outcomes in the year ahead.</p>
<p>‘As outlined in our <a title="ASIC enforcement priorities" href="https://asic.gov.au/about-asic/asic-investigations-and-enforcement/asic-enforcement-priorities/">2025 Enforcement Priorities</a>, banks, insurance companies and superannuation trustees are on notice, and we are concerned by the inconsistencies and complacency we have observed.</p>
<p>‘Our focus on the superannuation sector was underscored recently with the Government’s announcement to raise the bar on customer service by introducing mandatory and enforceable service standards.</p>
<p>‘Using our full regulatory toolkit, we’ve focused on landmark cases and compliance action that deliver financial outcomes and protect consumers and investors,’ Mr Longo said.</p>
<p>High impact enforcement and compliance activity within the report includes:</p>
<ul>
<li>ASIC’s action against NAB for allegedly failing 345 customers who applied for hardship support (<a title="24-254MR ASIC sues NAB for failing customers facing financial hardship" href="https://asic.gov.au/about-asic/news-centre/find-a-media-release/2024-releases/24-254mr-asic-sues-nab-for-failing-customers-facing-financial-hardship/">24-254MR</a>)</li>
<li>ASIC’s action against QBE Insurance for allegedly misleading customers about pricing discounts (<a title="24-234MR ASIC alleges QBE misled customers over pricing discounts" href="https://asic.gov.au/about-asic/news-centre/find-a-media-release/2024-releases/24-234mr-asic-alleges-qbe-misled-customers-over-pricing-discounts/">24-234MR</a>)</li>
<li>ASIC’s action against Cbus trustee United Super alleging delays in processing death benefits and total and permanent disability insurance claims for more than 10,000 members and claimants (<a title="24-251MR ASIC sues Cbus alleging systemic claims handling failures" href="https://asic.gov.au/about-asic/news-centre/find-a-media-release/2024-releases/24-251mr-asic-sues-cbus-alleging-systemic-claims-handling-failures/">24-251MR</a>)</li>
<li>ASIC’s first-of-its-kind review of bank customers on low incomes who were charged high fees, and the response by banks who will refund over $28 million dollars to customers (<a title="24-153MR Big banks to refund millions in fees to low-income customers following ASIC report" href="https://asic.gov.au/about-asic/news-centre/find-a-media-release/2024-releases/24-153mr-big-banks-to-refund-millions-in-fees-to-low-income-customers-following-asic-report/">24-153MR</a>).</li>
</ul>
<p>To protect investors, ASIC also commenced legal proceedings in the Supreme Court of NSW alleging Regional Express Holdings Limited engaged in misleading and deceptive conduct and contraventions of continuous disclosure obligations.</p>
<p>ASIC’s 2025 enforcement priorities will continue to reflect the increased cost-of-living pressures faced by consumers and aim to prevent financial harm.</p>
<h2>More information</h2>
<ul>
<li><a title="REP 804 ASIC enforcement and regulatory update: July to December 2024" href="https://asic.gov.au/regulatory-resources/find-a-document/reports/rep-804-asic-enforcement-and-regulatory-update-july-to-december-2024/" data-anchor="#">REPORT 804</a> <em>ASIC enforcement and regulatory update: July to December 2024</em></li>
<li><a title="ASIC enforcement priorities" href="https://asic.gov.au/about-asic/asic-investigations-and-enforcement/asic-enforcement-priorities/">ASIC’s 2025 enforcement priorities</a></li>
<li><a title="Summary of enforcement outcomes: July to December 2024" href="https://asic.gov.au/about-asic/asic-investigations-and-enforcement/asic-enforcement-outcomes/summary-of-enforcement-outcomes-july-to-december-2024/" data-anchor="#">Summary of enforcement outcomes</a></li>
<li><a title="Regulatory developments timetable" href="https://asic.gov.au/regulatory-resources/find-a-document/regulatory-document-updates/regulatory-developments-timetable/">Regulatory developments timetable</a></li>
</ul>
<p>&#8212;&#8212;&#8212;</p>
<h6><strong>Notes:</strong><br />
[1] Since ASIC established the capability in July 2023<br />
[2] Compared to the prior corresponding period: 2H 2023</h6>
</div>
<p>The post <a href="https://www.adviservoice.com.au/2025/03/asic-shuts-down-130-investment-scam-websites-per-week/">ASIC shuts down 130 investment scam websites per week</a> appeared first on <a href="https://www.adviservoice.com.au">AdviserVoice</a>.</p>
]]></content:encoded>
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                <title>ASIC announces new enforcement priorities with a focus on cost of living pressures</title>
                <link>https://www.adviservoice.com.au/2024/11/asic-announces-new-enforcement-priorities-with-a-focus-on-cost-of-living-pressures/</link>
                <comments>https://www.adviservoice.com.au/2024/11/asic-announces-new-enforcement-priorities-with-a-focus-on-cost-of-living-pressures/#respond</comments>
                <pubDate>Thu, 14 Nov 2024 21:00:46 +0000</pubDate>
                <dc:creator>
                                    </dc:creator>
                		<category><![CDATA[Regulation/Reform]]></category>
		<category><![CDATA[Sarah Court]]></category>
                <guid isPermaLink="false">https://www.adviservoice.com.au/?p=99450</guid>
                                    <description><![CDATA[<header class="media-release">
<h3>ASIC has announced its <a title="ASIC enforcement priorities" href="https://asic.gov.au/about-asic/asic-investigations-and-enforcement/asic-enforcement-priorities/">enforcement priorities for 2025</a>, capturing the key areas where it will direct resources and expertise in the coming year.</h3>
</header>
<div id="nh-article-body" class="page-content">
<p>ASIC Deputy Chair Sarah Court said, ‘Our 2025 enforcement priorities reflect the increased risks consumers are facing that are being driven by cost of living pressures. These priorities are about protecting Australians from financial harm and targeting the people who try to take advantage of them.</p>
<p>‘We will focus on business models that are designed to avoid consumer credit protections, and we will take action against those engaging in unlawful debt management and collection. We will also target conduct that exploits superannuation savings, with a particular focus on unscrupulous property investment schemes.</p>
<p>‘ASIC will continue to fiercely uphold the integrity of Australia’s financial markets, and to support this, we have established a new dedicated team to target insider trading.’</p>
<p>In 2025, ASIC’s enforcement priorities will focus on:</p>
<ul>
<li>Misconduct exploiting superannuation savings</li>
<li>Unscrupulous property investment schemes</li>
<li>Failures by insurers to deal fairly and in good faith with customers</li>
<li>Strengthening investigation and prosecution of insider trading</li>
<li>Business models designed to avoid consumer credit protections</li>
<li>Misconduct impacting small businesses and their creditors</li>
<li>Debt management and collection misconduct</li>
<li>Licensee failures to have adequate cyber-security protections</li>
<li>Greenwashing and misleading conduct involving ESG claims</li>
<li>Member services failures in the superannuation sector</li>
<li>Auditor misconduct</li>
<li>Used car finance sold to vulnerable consumers by finance providers</li>
</ul>
<p>Last year, ASIC increased its new investigations by 25% on the previous year. ASIC also increased new civil proceedings by 23% and had important enforcement outcomes across areas from greenwashing to crypto, predatory lending, high-cost credit and insider trading.</p>
<p>‘We have more matters before criminal courts around the country than we do before civil courts, and it requires intensive efforts by ASIC investigators to continue each of those cases.</p>
<p>‘However, numbers only tell one part of the story. Numbers don’t capture the full impact of the enforcement actions filed including the resulting compliance and deterrence we achieve, particularly in relation to consumer and investor protections and changing industry behaviour,’ Ms Court said.</p>
<p>ASIC&#8217;s enforcement priorities reflect emerging issues and risks the agency prioritises to detect, investigate and prosecute unlawful conduct affecting consumers, businesses and the economy.</p>
<p>While ASIC’s strategic targets change from year to year, in keeping with shifting economic factors and the volatile risk environment, its enduring priorities remain the same.</p>
<p>ASIC’s enduring priorities target:</p>
<ul>
<li>Misconduct damaging market integrity including insider trading, continuous disclosure breaches and market manipulation</li>
<li>Misconduct impacting First Nations people</li>
<li>Misconduct involving a high risk of significant consumer harm</li>
<li>particularly conduct targeting financially vulnerable consumers</li>
<li>Systemic compliance failures by large financial institutions</li>
<li>resulting in widespread consumer harm</li>
<li>New or emerging conduct risks within the financial system</li>
<li>Governance and directors’ duties failures</li>
</ul>
<h2>Background</h2>
<p>ASIC’s goal is to help all Australians through promoting market integrity and consumer protection in the Australian financial system. We take decisive and high-profile enforcement action to protect consumers, address misconduct, punish wrongdoers, and, importantly, reduce the risk of misconduct in the markets and sectors we regulate.</p>
</div>
]]></description>
                                            <content:encoded><![CDATA[<header class="media-release">
<h3>ASIC has announced its <a title="ASIC enforcement priorities" href="https://asic.gov.au/about-asic/asic-investigations-and-enforcement/asic-enforcement-priorities/">enforcement priorities for 2025</a>, capturing the key areas where it will direct resources and expertise in the coming year.</h3>
</header>
<div id="nh-article-body" class="page-content">
<p>ASIC Deputy Chair Sarah Court said, ‘Our 2025 enforcement priorities reflect the increased risks consumers are facing that are being driven by cost of living pressures. These priorities are about protecting Australians from financial harm and targeting the people who try to take advantage of them.</p>
<p>‘We will focus on business models that are designed to avoid consumer credit protections, and we will take action against those engaging in unlawful debt management and collection. We will also target conduct that exploits superannuation savings, with a particular focus on unscrupulous property investment schemes.</p>
<p>‘ASIC will continue to fiercely uphold the integrity of Australia’s financial markets, and to support this, we have established a new dedicated team to target insider trading.’</p>
<p>In 2025, ASIC’s enforcement priorities will focus on:</p>
<ul>
<li>Misconduct exploiting superannuation savings</li>
<li>Unscrupulous property investment schemes</li>
<li>Failures by insurers to deal fairly and in good faith with customers</li>
<li>Strengthening investigation and prosecution of insider trading</li>
<li>Business models designed to avoid consumer credit protections</li>
<li>Misconduct impacting small businesses and their creditors</li>
<li>Debt management and collection misconduct</li>
<li>Licensee failures to have adequate cyber-security protections</li>
<li>Greenwashing and misleading conduct involving ESG claims</li>
<li>Member services failures in the superannuation sector</li>
<li>Auditor misconduct</li>
<li>Used car finance sold to vulnerable consumers by finance providers</li>
</ul>
<p>Last year, ASIC increased its new investigations by 25% on the previous year. ASIC also increased new civil proceedings by 23% and had important enforcement outcomes across areas from greenwashing to crypto, predatory lending, high-cost credit and insider trading.</p>
<p>‘We have more matters before criminal courts around the country than we do before civil courts, and it requires intensive efforts by ASIC investigators to continue each of those cases.</p>
<p>‘However, numbers only tell one part of the story. Numbers don’t capture the full impact of the enforcement actions filed including the resulting compliance and deterrence we achieve, particularly in relation to consumer and investor protections and changing industry behaviour,’ Ms Court said.</p>
<p>ASIC&#8217;s enforcement priorities reflect emerging issues and risks the agency prioritises to detect, investigate and prosecute unlawful conduct affecting consumers, businesses and the economy.</p>
<p>While ASIC’s strategic targets change from year to year, in keeping with shifting economic factors and the volatile risk environment, its enduring priorities remain the same.</p>
<p>ASIC’s enduring priorities target:</p>
<ul>
<li>Misconduct damaging market integrity including insider trading, continuous disclosure breaches and market manipulation</li>
<li>Misconduct impacting First Nations people</li>
<li>Misconduct involving a high risk of significant consumer harm</li>
<li>particularly conduct targeting financially vulnerable consumers</li>
<li>Systemic compliance failures by large financial institutions</li>
<li>resulting in widespread consumer harm</li>
<li>New or emerging conduct risks within the financial system</li>
<li>Governance and directors’ duties failures</li>
</ul>
<h2>Background</h2>
<p>ASIC’s goal is to help all Australians through promoting market integrity and consumer protection in the Australian financial system. We take decisive and high-profile enforcement action to protect consumers, address misconduct, punish wrongdoers, and, importantly, reduce the risk of misconduct in the markets and sectors we regulate.</p>
</div>
<p>The post <a href="https://www.adviservoice.com.au/2024/11/asic-announces-new-enforcement-priorities-with-a-focus-on-cost-of-living-pressures/">ASIC announces new enforcement priorities with a focus on cost of living pressures</a> appeared first on <a href="https://www.adviservoice.com.au">AdviserVoice</a>.</p>
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                    <item>
                <title>ASIC to target misconduct in banking and superannuation sectors</title>
                <link>https://www.adviservoice.com.au/2024/09/asic-to-target-misconduct-in-banking-and-superannuation-sectors/</link>
                <comments>https://www.adviservoice.com.au/2024/09/asic-to-target-misconduct-in-banking-and-superannuation-sectors/#respond</comments>
                <pubDate>Mon, 09 Sep 2024 21:50:21 +0000</pubDate>
                <dc:creator>
                                    </dc:creator>
                		<category><![CDATA[Regulation/Reform]]></category>
		<category><![CDATA[Sarah Court]]></category>
                <guid isPermaLink="false">https://www.adviservoice.com.au/?p=98027</guid>
                                    <description><![CDATA[<h3>ASIC has released its <a title="REP 794 ASIC enforcement and regulatory update: January to June 2024" href="https://asic.gov.au/regulatory-resources/find-a-document/reports/rep-794-asic-enforcement-and-regulatory-update-january-to-june-2024/" data-anchor="#">Enforcement and regulatory update</a> (1 January to 30 June 2024), which sets out recent outcomes in enforcement and regulation.</h3>
<p>In the first half of the year, ASIC was successful in 95% of its civil and criminal prosecutions, securing $32.2 million in civil penalties and nine criminal convictions. ASIC also launched 63 new investigations, commenced 12 new civil proceedings and completed 550 surveillances throughout the period.</p>
<p>The report highlights include ASIC’s review of how 10 large home lenders supported their customers in financial hardship and whether superannuation trustees were doing enough to strengthen their members’ retirement outcomes.</p>
<p>ASIC Deputy Chair Sarah Court said, &#8216;We have seen first-hand the impact on lives and livelihoods when lenders fail to appropriately support customers experiencing financial hardship. In the wake of our review, we put the lending industry on notice.</p>
<p>‘We are actively conducting investigations into suspected breaches of hardship obligations. We will not hesitate to take enforcement action to ensure compliance.’</p>
<p>Last month, ASIC completed its review of 15 banks outside the four major banks on their scam prevention, detection and response activities. The report is part of ASIC’s ongoing focus on anti-scam practices in the broader financial services landscape and follows on from a review of the scam-related activities of the four major Australian banks (<a title="REP 761 Scam prevention, detection and response by the four major banks" href="https://asic.gov.au/regulatory-resources/find-a-document/reports/rep-761-scam-prevention-detection-and-response-by-the-four-major-banks/">Report 761</a>) released in April 2023.</p>
<p>In the coming months, ASIC will announce the results of its surveillance into how superannuation funds are handling death benefits claims. ASIC will also continue its enforcement and intervention activities to address greenwashing.</p>
<h2>Download</h2>
<p><a title="REP 794 ASIC enforcement and regulatory update: January to June 2024" href="https://asic.gov.au/regulatory-resources/find-a-document/reports/rep-794-asic-enforcement-and-regulatory-update-january-to-june-2024/" data-anchor="#">Report 794 ASIC enforcement and regulatory update: January to June 2024</a></p>
<p><a title="ASIC enforcement outcomes" href="https://asic.gov.au/about-asic/asic-investigations-and-enforcement/asic-enforcement-outcomes/">Summary of enforcement outcomes</a></p>
<p><a title="Regulatory developments timetable" href="https://asic.gov.au/regulatory-resources/find-a-document/regulatory-document-updates/regulatory-developments-timetable/">Regulatory developments timetable</a></p>
]]></description>
                                            <content:encoded><![CDATA[<h3>ASIC has released its <a title="REP 794 ASIC enforcement and regulatory update: January to June 2024" href="https://asic.gov.au/regulatory-resources/find-a-document/reports/rep-794-asic-enforcement-and-regulatory-update-january-to-june-2024/" data-anchor="#">Enforcement and regulatory update</a> (1 January to 30 June 2024), which sets out recent outcomes in enforcement and regulation.</h3>
<p>In the first half of the year, ASIC was successful in 95% of its civil and criminal prosecutions, securing $32.2 million in civil penalties and nine criminal convictions. ASIC also launched 63 new investigations, commenced 12 new civil proceedings and completed 550 surveillances throughout the period.</p>
<p>The report highlights include ASIC’s review of how 10 large home lenders supported their customers in financial hardship and whether superannuation trustees were doing enough to strengthen their members’ retirement outcomes.</p>
<p>ASIC Deputy Chair Sarah Court said, &#8216;We have seen first-hand the impact on lives and livelihoods when lenders fail to appropriately support customers experiencing financial hardship. In the wake of our review, we put the lending industry on notice.</p>
<p>‘We are actively conducting investigations into suspected breaches of hardship obligations. We will not hesitate to take enforcement action to ensure compliance.’</p>
<p>Last month, ASIC completed its review of 15 banks outside the four major banks on their scam prevention, detection and response activities. The report is part of ASIC’s ongoing focus on anti-scam practices in the broader financial services landscape and follows on from a review of the scam-related activities of the four major Australian banks (<a title="REP 761 Scam prevention, detection and response by the four major banks" href="https://asic.gov.au/regulatory-resources/find-a-document/reports/rep-761-scam-prevention-detection-and-response-by-the-four-major-banks/">Report 761</a>) released in April 2023.</p>
<p>In the coming months, ASIC will announce the results of its surveillance into how superannuation funds are handling death benefits claims. ASIC will also continue its enforcement and intervention activities to address greenwashing.</p>
<h2>Download</h2>
<p><a title="REP 794 ASIC enforcement and regulatory update: January to June 2024" href="https://asic.gov.au/regulatory-resources/find-a-document/reports/rep-794-asic-enforcement-and-regulatory-update-january-to-june-2024/" data-anchor="#">Report 794 ASIC enforcement and regulatory update: January to June 2024</a></p>
<p><a title="ASIC enforcement outcomes" href="https://asic.gov.au/about-asic/asic-investigations-and-enforcement/asic-enforcement-outcomes/">Summary of enforcement outcomes</a></p>
<p><a title="Regulatory developments timetable" href="https://asic.gov.au/regulatory-resources/find-a-document/regulatory-document-updates/regulatory-developments-timetable/">Regulatory developments timetable</a></p>
<p>The post <a href="https://www.adviservoice.com.au/2024/09/asic-to-target-misconduct-in-banking-and-superannuation-sectors/">ASIC to target misconduct in banking and superannuation sectors</a> appeared first on <a href="https://www.adviservoice.com.au">AdviserVoice</a>.</p>
]]></content:encoded>
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                    <item>
                <title>ASIC announces 2024 enforcement priorities</title>
                <link>https://www.adviservoice.com.au/2023/11/asic-announces-2024-enforcement-priorities/</link>
                <comments>https://www.adviservoice.com.au/2023/11/asic-announces-2024-enforcement-priorities/#respond</comments>
                <pubDate>Tue, 21 Nov 2023 20:45:39 +0000</pubDate>
                <dc:creator>
                                    </dc:creator>
                		<category><![CDATA[Regulation/Reform]]></category>
		<category><![CDATA[Sarah Court]]></category>
                <guid isPermaLink="false">https://www.adviservoice.com.au/?p=92658</guid>
                                    <description><![CDATA[<h3>ASIC has announced its enforcement priorities for 2024<sup>[1]</sup>, indicating its enforcement focus for the coming year and communicating its intent to industry and stakeholders.</h3>
<p>In 2024, two new priorities have been added in relation to the superannuation industry, including a focus on member services failures and misconduct relating to the erosion of superannuation balances.</p>
<p>New priorities relating to insurance claims handling, compliance with financial hardship obligations and the reportable situation regime have also been added.</p>
<p>In addition, ASIC will be taking action against misconduct relating to used car financing to vulnerable consumers and gatekeepers such as auditors, registered liquidators and financial services and credit licensees who do not comply with their legal obligations.</p>
<p>ASIC Deputy Chair Sarah Court announced at the ASIC Annual Forum in Melbourne the regulator’s continued focus on delivering strong enforcement outcomes.</p>
<p>‘Last year, we set ambitious enforcement priorities in part as a response to industry and consumer demand for more transparency on our key areas of focus. The enforcement priorities hold us, as a regulator, accountable, and importantly, they send a clear compliance and deterrence message to the entities we regulate.</p>
<p>‘We are taking matters to court and pursuing higher penalties than ever before. In delivering against our priorities this year, we took action against some of Australia’s biggest corporations. And we are not deterred from taking challenging cases where legal outcomes are not guaranteed,’ Ms Court said.</p>
<p>As financial markets continue to become increasingly digitised and automated, the technical and operational risks faced by market participants and market operators have also increased. ASIC has announced a new priority related to technology and operational resilience for market operators and participants in order to maintain market integrity.</p>
<p>‘We must test the scope of the laws that Parliament has enacted to protect market integrity, consumers and investors, to ensure those laws have a wide protective application. Where the law is complex, new or open to interpretation, we are not doing our job if we do not fully explore its reach.</p>
<p>‘Our goal is to create a culture of compliance across Australia’s financial system and the corporate sector more generally through decisive and high-profile enforcement action,’ Ms Court added.</p>
<p>ASIC has retained priorities relating to greenwashing and enforcing design and distribution obligations, and its focus on governance and directors’ duties failures has been added as an enduring priority.</p>
<p>&#8212;&#8212;&#8212;</p>
<h6>[1] https://asic.gov.au/about-asic/asic-investigations-and-enforcement/asic-enforcement-priorities/</h6>
]]></description>
                                            <content:encoded><![CDATA[<h3>ASIC has announced its enforcement priorities for 2024<sup>[1]</sup>, indicating its enforcement focus for the coming year and communicating its intent to industry and stakeholders.</h3>
<p>In 2024, two new priorities have been added in relation to the superannuation industry, including a focus on member services failures and misconduct relating to the erosion of superannuation balances.</p>
<p>New priorities relating to insurance claims handling, compliance with financial hardship obligations and the reportable situation regime have also been added.</p>
<p>In addition, ASIC will be taking action against misconduct relating to used car financing to vulnerable consumers and gatekeepers such as auditors, registered liquidators and financial services and credit licensees who do not comply with their legal obligations.</p>
<p>ASIC Deputy Chair Sarah Court announced at the ASIC Annual Forum in Melbourne the regulator’s continued focus on delivering strong enforcement outcomes.</p>
<p>‘Last year, we set ambitious enforcement priorities in part as a response to industry and consumer demand for more transparency on our key areas of focus. The enforcement priorities hold us, as a regulator, accountable, and importantly, they send a clear compliance and deterrence message to the entities we regulate.</p>
<p>‘We are taking matters to court and pursuing higher penalties than ever before. In delivering against our priorities this year, we took action against some of Australia’s biggest corporations. And we are not deterred from taking challenging cases where legal outcomes are not guaranteed,’ Ms Court said.</p>
<p>As financial markets continue to become increasingly digitised and automated, the technical and operational risks faced by market participants and market operators have also increased. ASIC has announced a new priority related to technology and operational resilience for market operators and participants in order to maintain market integrity.</p>
<p>‘We must test the scope of the laws that Parliament has enacted to protect market integrity, consumers and investors, to ensure those laws have a wide protective application. Where the law is complex, new or open to interpretation, we are not doing our job if we do not fully explore its reach.</p>
<p>‘Our goal is to create a culture of compliance across Australia’s financial system and the corporate sector more generally through decisive and high-profile enforcement action,’ Ms Court added.</p>
<p>ASIC has retained priorities relating to greenwashing and enforcing design and distribution obligations, and its focus on governance and directors’ duties failures has been added as an enduring priority.</p>
<p>&#8212;&#8212;&#8212;</p>
<h6>[1] https://asic.gov.au/about-asic/asic-investigations-and-enforcement/asic-enforcement-priorities/</h6>
<p>The post <a href="https://www.adviservoice.com.au/2023/11/asic-announces-2024-enforcement-priorities/">ASIC announces 2024 enforcement priorities</a> appeared first on <a href="https://www.adviservoice.com.au">AdviserVoice</a>.</p>
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                    <item>
                <title>ASIC sharpens focus on credit and debt management</title>
                <link>https://www.adviservoice.com.au/2023/05/asic-sharpens-focus-on-credit-and-debt-management/</link>
                <comments>https://www.adviservoice.com.au/2023/05/asic-sharpens-focus-on-credit-and-debt-management/#respond</comments>
                <pubDate>Thu, 11 May 2023 21:50:59 +0000</pubDate>
                <dc:creator>
                                    </dc:creator>
                		<category><![CDATA[Regulation/Reform]]></category>
		<category><![CDATA[Sarah Court]]></category>
                <guid isPermaLink="false">https://www.adviservoice.com.au/?p=88810</guid>
                                    <description><![CDATA[<h3>ASIC is warning credit providers and debt management firms that strong, targeted action against predatory lending, high-cost credit and misconduct impacting consumers experiencing financial difficulty is expected in the coming months as part of its continuing focus on protecting consumers.</h3>
<p>The warning comes after ASIC’s <a title="REP 764 ASIC enforcement and regulatory update: January to March 2023" href="https://asic.gov.au/regulatory-resources/find-a-document/reports/rep-764-asic-enforcement-and-regulatory-update-january-to-march-2023/" data-anchor="#">Enforcement and regulatory update</a> highlighted over $30 million in civil penalties secured by ASIC, as well as the commencement and finalisation of court proceedings against credit providers in the first quarter of 2023.</p>
<p>ASIC Deputy Chair Sarah Court said ASIC continues to sharpen its focus on credit providers and debt management firms, including those who are unlicensed or ‘fringe’ entities.</p>
<p>‘Credit providers and debt management firms that look to take advantage of vulnerable consumers are in our sights and we expect further action in the coming months against operators in this area,’ said Ms Court.</p>
<p>‘ASIC’s enforcement action against predatory lending is not limited to court action. We will continue to use our full suite of powers to protect consumers looking to access credit. This could be via a stop order for breaching the financial product design and distribution requirements or could be warning the company directly via our monitoring and surveillance programs.</p>
<p>‘In the first quarter of 2023, ClearLoans was ordered to pay more than $6m in penalties for failing to act efficiently, honestly and fairly when dealing with debtors in financial hardship as well as other misconduct.</p>
<p>‘ASIC also took action against credit provider Green County and issued stop orders on several credit products, including a credit for rent product.’</p>
<h2>Key enforcement outcomes for the quarter</h2>
<p>In February 2023, ASIC launched its first court proceedings in relation to alleged greenwashing conduct, suing Mercer Superannuation (Australia) Limited for allegedly making misleading statements about the sustainable nature and characteristics of some of its superannuation investment options.</p>
<p>These proceedings follow the issuing of over $140,000 in infringement notices in the past six months in response to concerns about alleged greenwashing.</p>
<p>ASIC was also successful in its case against ANZ Banking Group for breaching the National Credit Act with the bank receiving a $10 million penalty over its Home Loan Introducer Program.</p>
<p>ASIC also secured a $15 million penalty against GetSwift – the largest penalty levied to date against a company for breaching its continuous disclosure obligations.</p>
<p>ASIC took further steps to address disclosure and governance failures, commencing court proceedings against two major companies, TerraCom and the former Freedom Foods Group.</p>
<p>ASIC’s case against TerraCom marks the first time ASIC has taken action alleging breaches of whistleblower protection laws.</p>
<p>‘The enforcement outcomes of the last quarter reflect that we will not hesitate to take swift action where we see misconduct that harms consumers or undermines market integrity. Where appropriate, we will also test new areas of the law, as we are doing with our greenwashing and whistleblower cases,’ said Ms Court.</p>
<h2>Key regulatory updates</h2>
<p>ASIC has also provided guidance to the industry to help them better comply with their obligations and deliver better outcomes for consumers.</p>
<p>In February, ASIC published its Indigenous Financial Services Framework to support positive financial outcomes for First Nations people.</p>
<p>The first quarter of 2023 also saw ASIC deliver its final update on compensation for consumers who suffered loss or detriment because of fees for no service misconduct or non-compliant advice. Six of Australia’s largest banks and financial institutions paid or offered a total of over $4.7 billion to impacted customers over eight years that ASIC monitored the remediation programs.</p>
<h2>Download</h2>
<p><a title="REP 764 ASIC enforcement and regulatory update: January to March 2023" href="https://asic.gov.au/regulatory-resources/find-a-document/reports/rep-764-asic-enforcement-and-regulatory-update-january-to-march-2023/" data-anchor="#">Report 764 <em>ASIC enforcement and regulatory update: January to March 2023</em></a></p>
]]></description>
                                            <content:encoded><![CDATA[<h3>ASIC is warning credit providers and debt management firms that strong, targeted action against predatory lending, high-cost credit and misconduct impacting consumers experiencing financial difficulty is expected in the coming months as part of its continuing focus on protecting consumers.</h3>
<p>The warning comes after ASIC’s <a title="REP 764 ASIC enforcement and regulatory update: January to March 2023" href="https://asic.gov.au/regulatory-resources/find-a-document/reports/rep-764-asic-enforcement-and-regulatory-update-january-to-march-2023/" data-anchor="#">Enforcement and regulatory update</a> highlighted over $30 million in civil penalties secured by ASIC, as well as the commencement and finalisation of court proceedings against credit providers in the first quarter of 2023.</p>
<p>ASIC Deputy Chair Sarah Court said ASIC continues to sharpen its focus on credit providers and debt management firms, including those who are unlicensed or ‘fringe’ entities.</p>
<p>‘Credit providers and debt management firms that look to take advantage of vulnerable consumers are in our sights and we expect further action in the coming months against operators in this area,’ said Ms Court.</p>
<p>‘ASIC’s enforcement action against predatory lending is not limited to court action. We will continue to use our full suite of powers to protect consumers looking to access credit. This could be via a stop order for breaching the financial product design and distribution requirements or could be warning the company directly via our monitoring and surveillance programs.</p>
<p>‘In the first quarter of 2023, ClearLoans was ordered to pay more than $6m in penalties for failing to act efficiently, honestly and fairly when dealing with debtors in financial hardship as well as other misconduct.</p>
<p>‘ASIC also took action against credit provider Green County and issued stop orders on several credit products, including a credit for rent product.’</p>
<h2>Key enforcement outcomes for the quarter</h2>
<p>In February 2023, ASIC launched its first court proceedings in relation to alleged greenwashing conduct, suing Mercer Superannuation (Australia) Limited for allegedly making misleading statements about the sustainable nature and characteristics of some of its superannuation investment options.</p>
<p>These proceedings follow the issuing of over $140,000 in infringement notices in the past six months in response to concerns about alleged greenwashing.</p>
<p>ASIC was also successful in its case against ANZ Banking Group for breaching the National Credit Act with the bank receiving a $10 million penalty over its Home Loan Introducer Program.</p>
<p>ASIC also secured a $15 million penalty against GetSwift – the largest penalty levied to date against a company for breaching its continuous disclosure obligations.</p>
<p>ASIC took further steps to address disclosure and governance failures, commencing court proceedings against two major companies, TerraCom and the former Freedom Foods Group.</p>
<p>ASIC’s case against TerraCom marks the first time ASIC has taken action alleging breaches of whistleblower protection laws.</p>
<p>‘The enforcement outcomes of the last quarter reflect that we will not hesitate to take swift action where we see misconduct that harms consumers or undermines market integrity. Where appropriate, we will also test new areas of the law, as we are doing with our greenwashing and whistleblower cases,’ said Ms Court.</p>
<h2>Key regulatory updates</h2>
<p>ASIC has also provided guidance to the industry to help them better comply with their obligations and deliver better outcomes for consumers.</p>
<p>In February, ASIC published its Indigenous Financial Services Framework to support positive financial outcomes for First Nations people.</p>
<p>The first quarter of 2023 also saw ASIC deliver its final update on compensation for consumers who suffered loss or detriment because of fees for no service misconduct or non-compliant advice. Six of Australia’s largest banks and financial institutions paid or offered a total of over $4.7 billion to impacted customers over eight years that ASIC monitored the remediation programs.</p>
<h2>Download</h2>
<p><a title="REP 764 ASIC enforcement and regulatory update: January to March 2023" href="https://asic.gov.au/regulatory-resources/find-a-document/reports/rep-764-asic-enforcement-and-regulatory-update-january-to-march-2023/" data-anchor="#">Report 764 <em>ASIC enforcement and regulatory update: January to March 2023</em></a></p>
<p>The post <a href="https://www.adviservoice.com.au/2023/05/asic-sharpens-focus-on-credit-and-debt-management/">ASIC sharpens focus on credit and debt management</a> appeared first on <a href="https://www.adviservoice.com.au">AdviserVoice</a>.</p>
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                <title>ASIC to expand enforcement focus areas in the coming year</title>
                <link>https://www.adviservoice.com.au/2023/02/asic-to-expand-enforcement-focus-areas-in-the-coming-year/</link>
                <comments>https://www.adviservoice.com.au/2023/02/asic-to-expand-enforcement-focus-areas-in-the-coming-year/#respond</comments>
                <pubDate>Wed, 15 Feb 2023 20:50:54 +0000</pubDate>
                <dc:creator>
                                    </dc:creator>
                		<category><![CDATA[Regulation/Reform]]></category>
		<category><![CDATA[Sarah Court]]></category>
                <guid isPermaLink="false">https://www.adviservoice.com.au/?p=87286</guid>
                                    <description><![CDATA[<h3>ASIC has warned businesses it will be targeting greenwashing, predatory lending and misleading insurance pricing promises this year, as part of a continuing focus on protecting consumers from financial harm.</h3>
<p>The warning coincides with the release of its latest enforcement and regulatory report, highlighting actions taken during the last three months of 2022, and outlining the full list of enforcement priorities for the year ahead (REP 757).</p>
<p>ASIC Deputy Chair Sarah Court said the actions taken during the final quarter of 2022 reflect ASIC’s continuing strategic priorities<sup>[1]</sup> and enforcement priorities.<sup>[2]</sup></p>
<p>‘In the final three months of last year we commenced a number of significant enforcement and regulatory actions to address misconduct, market integrity threats and consumer harms in sectors including financial services, retail and crypto-assets,’ Ms Court said.</p>
<p>‘This includes corporate governance and directors’ duties, product design and distribution, and misleading statements involving sustainable finance practices.’</p>
<h2>Enforcement priorities for 2023</h2>
<p>Throughout 2023, ASIC will have a strong focus on enforcement activity targeting sustainable finance practices and disclosure of climate risks, financial scams, cyber and operational resilience, and investor harms involving crypto-assets.</p>
<p>‘We take our role to protect consumers and investors seriously and won’t hesitate to take action to protect consumers where we identify poor conduct.’</p>
<p>‘We will also remain focused on helping industry to meet their legal obligations including by providing simple, effective and easy-to-access guidance.’</p>
<h2>Key outcomes from the quarter</h2>
<p>Between July and December 2022, 173 criminal charges were laid, $76.3 million in civil penalties were imposed by the courts and 62 investigations were commenced with another 103 investigations ongoing. This brings the total for 2022 (calendar year) to 312 criminal charges being laid and $222.1 million in civil penalties imposed by the courts.</p>
<p>ASIC took action against former directors of Star Entertainment Group Limited for alleged breaches of their director and officer duties involving money laundering risks.</p>
<p>ASIC has issued 22 design and distribution obligations (DDO) stop orders, 14 of which were issued in the last quarter, to prevent consumers and investors being targeted by products inappropriate to their objectives, financial situation and needs.</p>
<p>We also took our first action for greenwashing in October and issued infringement notices to three entities in the reporting period for misleading sustainability-related statements.</p>
<h2>Regulatory developments timetable</h2>
<p>For the first time, ASIC has published a <a title="Regulatory developments timetable">regulatory developments timetable<sup>[3] </sup> to be more transparent. The timetable will help industry to better anticipate when ASIC will issue draft or final guidance, or the making of a legislative instrument.</a></p>
<p>‘Our regulatory developments timetable is just one of many initiatives to streamline our interactions with the entities we regulate.’</p>
<h2>More information</h2>
<p>Read Report 757<sup>[4]</sup> <em>ASIC enforcement and regulatory update: October to December 2022</em> and summary of enforcement outcomes<sup>[5]</sup>.</p>
<p>&#8212;&#8212;&#8211;</p>
<h6>Notes:<br />
[1] <a href="https://asic.gov.au/about-asic/news-centre/find-a-media-release/2022-releases/22-227mr-asic-s-priorities-for-2022-26/">https://asic.gov.au/about-asic/news-centre/find-a-media-release/2022-releases/22-227mr-asic-s-priorities-for-2022-26/</a><br />
[2] <a href="https://asic.gov.au/about-asic/asic-investigations-and-enforcement/asic-enforcement-priorities/">https://asic.gov.au/about-asic/asic-investigations-and-enforcement/asic-enforcement-priorities/</a><br />
[3] <a href="https://asic.gov.au/regulatory-resources/find-a-document/regulatory-document-updates/regulatory-developments-timetable/">https://asic.gov.au/regulatory-resources/find-a-document/regulatory-document-updates/regulatory-developments-timetable/</a><br />
[4] <a href="https://asic.gov.au/regulatory-resources/find-a-document/reports/rep-757-asic-enforcement-and-regulatory-update-october-to-december-2022/">https://asic.gov.au/regulatory-resources/find-a-document/reports/rep-757-asic-enforcement-and-regulatory-update-october-to-december-2022/</a><br />
[5] <a href="https://asic.gov.au/about-asic/asic-investigations-and-enforcement/asic-enforcement-outcomes/summary-of-enforcement-outcomes-july-to-december-2022/">https://asic.gov.au/about-asic/asic-investigations-and-enforcement/asic-enforcement-outcomes/summary-of-enforcement-outcomes-july-to-december-2022/</a></h6>
]]></description>
                                            <content:encoded><![CDATA[<h3>ASIC has warned businesses it will be targeting greenwashing, predatory lending and misleading insurance pricing promises this year, as part of a continuing focus on protecting consumers from financial harm.</h3>
<p>The warning coincides with the release of its latest enforcement and regulatory report, highlighting actions taken during the last three months of 2022, and outlining the full list of enforcement priorities for the year ahead (REP 757).</p>
<p>ASIC Deputy Chair Sarah Court said the actions taken during the final quarter of 2022 reflect ASIC’s continuing strategic priorities<sup>[1]</sup> and enforcement priorities.<sup>[2]</sup></p>
<p>‘In the final three months of last year we commenced a number of significant enforcement and regulatory actions to address misconduct, market integrity threats and consumer harms in sectors including financial services, retail and crypto-assets,’ Ms Court said.</p>
<p>‘This includes corporate governance and directors’ duties, product design and distribution, and misleading statements involving sustainable finance practices.’</p>
<h2>Enforcement priorities for 2023</h2>
<p>Throughout 2023, ASIC will have a strong focus on enforcement activity targeting sustainable finance practices and disclosure of climate risks, financial scams, cyber and operational resilience, and investor harms involving crypto-assets.</p>
<p>‘We take our role to protect consumers and investors seriously and won’t hesitate to take action to protect consumers where we identify poor conduct.’</p>
<p>‘We will also remain focused on helping industry to meet their legal obligations including by providing simple, effective and easy-to-access guidance.’</p>
<h2>Key outcomes from the quarter</h2>
<p>Between July and December 2022, 173 criminal charges were laid, $76.3 million in civil penalties were imposed by the courts and 62 investigations were commenced with another 103 investigations ongoing. This brings the total for 2022 (calendar year) to 312 criminal charges being laid and $222.1 million in civil penalties imposed by the courts.</p>
<p>ASIC took action against former directors of Star Entertainment Group Limited for alleged breaches of their director and officer duties involving money laundering risks.</p>
<p>ASIC has issued 22 design and distribution obligations (DDO) stop orders, 14 of which were issued in the last quarter, to prevent consumers and investors being targeted by products inappropriate to their objectives, financial situation and needs.</p>
<p>We also took our first action for greenwashing in October and issued infringement notices to three entities in the reporting period for misleading sustainability-related statements.</p>
<h2>Regulatory developments timetable</h2>
<p>For the first time, ASIC has published a <a title="Regulatory developments timetable">regulatory developments timetable<sup>[3] </sup> to be more transparent. The timetable will help industry to better anticipate when ASIC will issue draft or final guidance, or the making of a legislative instrument.</a></p>
<p>‘Our regulatory developments timetable is just one of many initiatives to streamline our interactions with the entities we regulate.’</p>
<h2>More information</h2>
<p>Read Report 757<sup>[4]</sup> <em>ASIC enforcement and regulatory update: October to December 2022</em> and summary of enforcement outcomes<sup>[5]</sup>.</p>
<p>&#8212;&#8212;&#8211;</p>
<h6>Notes:<br />
[1] <a href="https://asic.gov.au/about-asic/news-centre/find-a-media-release/2022-releases/22-227mr-asic-s-priorities-for-2022-26/">https://asic.gov.au/about-asic/news-centre/find-a-media-release/2022-releases/22-227mr-asic-s-priorities-for-2022-26/</a><br />
[2] <a href="https://asic.gov.au/about-asic/asic-investigations-and-enforcement/asic-enforcement-priorities/">https://asic.gov.au/about-asic/asic-investigations-and-enforcement/asic-enforcement-priorities/</a><br />
[3] <a href="https://asic.gov.au/regulatory-resources/find-a-document/regulatory-document-updates/regulatory-developments-timetable/">https://asic.gov.au/regulatory-resources/find-a-document/regulatory-document-updates/regulatory-developments-timetable/</a><br />
[4] <a href="https://asic.gov.au/regulatory-resources/find-a-document/reports/rep-757-asic-enforcement-and-regulatory-update-october-to-december-2022/">https://asic.gov.au/regulatory-resources/find-a-document/reports/rep-757-asic-enforcement-and-regulatory-update-october-to-december-2022/</a><br />
[5] <a href="https://asic.gov.au/about-asic/asic-investigations-and-enforcement/asic-enforcement-outcomes/summary-of-enforcement-outcomes-july-to-december-2022/">https://asic.gov.au/about-asic/asic-investigations-and-enforcement/asic-enforcement-outcomes/summary-of-enforcement-outcomes-july-to-december-2022/</a></h6>
<p>The post <a href="https://www.adviservoice.com.au/2023/02/asic-to-expand-enforcement-focus-areas-in-the-coming-year/">ASIC to expand enforcement focus areas in the coming year</a> appeared first on <a href="https://www.adviservoice.com.au">AdviserVoice</a>.</p>
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                    <item>
                <title>ASIC announces Enforcement Priorities for 2023</title>
                <link>https://www.adviservoice.com.au/2022/11/asic-announces-enforcement-priorities-for-2023/</link>
                <comments>https://www.adviservoice.com.au/2022/11/asic-announces-enforcement-priorities-for-2023/#respond</comments>
                <pubDate>Thu, 03 Nov 2022 20:40:29 +0000</pubDate>
                <dc:creator>
                                    </dc:creator>
                		<category><![CDATA[Regulation/Reform]]></category>
		<category><![CDATA[Sarah Court]]></category>
                <guid isPermaLink="false">https://www.adviservoice.com.au/?p=85896</guid>
                                    <description><![CDATA[<h3>ASIC has announced its <a title="ASIC enforcement priorities" href="https://asic.gov.au/about-asic/asic-investigations-and-enforcement/asic-enforcement-priorities/" data-anchor="#">Enforcement Priorities for 2023</a>, which will include enforcement action on greenwashing and predatory lending, as well as a continuing focus on disrupting investment scams.</h3>
<p>ASIC Deputy Chair Sarah Court announced the priorities at the ASIC Annual Forum in Sydney, highlighting the need to protect consumers from financial harm and uphold the integrity of Australia’s financial markets.</p>
<p>‘This is the first time ASIC has identified particular areas of enforcement focus, which we now expect to do on an annual basis. These priorities communicate our intent to industry and our stakeholders, and give a clear indication of where we will direct our resources and expertise.’</p>
<p>While ASIC’s specific areas to target will change from year to year, in keeping with shifting economic factors and the volatile risk environment, five enduring priorities will remain:</p>
<ul>
<li>Misconduct damaging to market integrity including insider trading, continuous disclosure failures and market manipulation</li>
<li>Misconduct impacting First Nations people</li>
<li>Misconduct involving a high risk of significant consumer harm, particularly conduct targeting financially vulnerable consumers</li>
<li>Systemic compliance failures by large financial institutions resulting in widespread consumer harm</li>
<li>New or emerging conduct risks within the financial system</li>
</ul>
<p>In the two years to June 2022, ASIC received over 2,200 reports of misconduct regarding crypto-assets or crypto scams. Accordingly, an enforcement priority going forward will be protecting Australians from investment scams and high-risk investment products, including crypto assets.</p>
<p>Deputy Chair Court said, ‘Australians have experienced a range of financial pressures in recent years, from the uncertainty of the COVID-19 pandemic to increased costs of living. On top of this, many have been affected by investment scams. We are prioritising the disruption of scams, including through working with other regulators, industry and social media platforms to reduce harm.’</p>
<p>Protecting consumers from predatory lending practices is also a priority for 2023, after ASIC research showed more than 40% of Australians hold two or more credit products. Current economic conditions suggest further demand for credit cards, personal loans and short-term credit arrangements is likely to increase.</p>
<p>‘In addition to misconduct in the credit industry, ASIC will focus on failures in the general insurance industry to honour promises to consumers, as well as addressing unfair contract terms in insurance products. In the superannuation sector, we will look to take action where we see instances of misleading conduct and poor governance,’ said Ms Court.</p>
<p>ASIC is also acutely aware of the rise of sustainable finance, with $128 billion net flows into ETFs with an ESG focus and a 157% cent increase in advisers who claim to provide ESG advice since 2016. ASIC will closely monitor for misleading conduct and claims of greenwashing that cannot be sustained, and take enforcement action where necessary.</p>
<p>Throughout 2022, ASIC has seen an increase in the collapse of property investment schemes. Working with liquidators, ASIC has detected potential breaches of directors’ duties and director misconduct. ASIC will be prioritising enforcement action relating to how these property schemes have been managed, and will seek to hold individuals to account for their involvement.</p>
<p>‘ASIC’s enforcement work will not be limited to these priorities, and these may evolve as new and emerging issues or products come to our attention. We will continue to direct our enforcement resources to ensure we maintain a fair, strong and efficient financial system for all Australians,’ concluded Ms Court.</p>
]]></description>
                                            <content:encoded><![CDATA[<h3>ASIC has announced its <a title="ASIC enforcement priorities" href="https://asic.gov.au/about-asic/asic-investigations-and-enforcement/asic-enforcement-priorities/" data-anchor="#">Enforcement Priorities for 2023</a>, which will include enforcement action on greenwashing and predatory lending, as well as a continuing focus on disrupting investment scams.</h3>
<p>ASIC Deputy Chair Sarah Court announced the priorities at the ASIC Annual Forum in Sydney, highlighting the need to protect consumers from financial harm and uphold the integrity of Australia’s financial markets.</p>
<p>‘This is the first time ASIC has identified particular areas of enforcement focus, which we now expect to do on an annual basis. These priorities communicate our intent to industry and our stakeholders, and give a clear indication of where we will direct our resources and expertise.’</p>
<p>While ASIC’s specific areas to target will change from year to year, in keeping with shifting economic factors and the volatile risk environment, five enduring priorities will remain:</p>
<ul>
<li>Misconduct damaging to market integrity including insider trading, continuous disclosure failures and market manipulation</li>
<li>Misconduct impacting First Nations people</li>
<li>Misconduct involving a high risk of significant consumer harm, particularly conduct targeting financially vulnerable consumers</li>
<li>Systemic compliance failures by large financial institutions resulting in widespread consumer harm</li>
<li>New or emerging conduct risks within the financial system</li>
</ul>
<p>In the two years to June 2022, ASIC received over 2,200 reports of misconduct regarding crypto-assets or crypto scams. Accordingly, an enforcement priority going forward will be protecting Australians from investment scams and high-risk investment products, including crypto assets.</p>
<p>Deputy Chair Court said, ‘Australians have experienced a range of financial pressures in recent years, from the uncertainty of the COVID-19 pandemic to increased costs of living. On top of this, many have been affected by investment scams. We are prioritising the disruption of scams, including through working with other regulators, industry and social media platforms to reduce harm.’</p>
<p>Protecting consumers from predatory lending practices is also a priority for 2023, after ASIC research showed more than 40% of Australians hold two or more credit products. Current economic conditions suggest further demand for credit cards, personal loans and short-term credit arrangements is likely to increase.</p>
<p>‘In addition to misconduct in the credit industry, ASIC will focus on failures in the general insurance industry to honour promises to consumers, as well as addressing unfair contract terms in insurance products. In the superannuation sector, we will look to take action where we see instances of misleading conduct and poor governance,’ said Ms Court.</p>
<p>ASIC is also acutely aware of the rise of sustainable finance, with $128 billion net flows into ETFs with an ESG focus and a 157% cent increase in advisers who claim to provide ESG advice since 2016. ASIC will closely monitor for misleading conduct and claims of greenwashing that cannot be sustained, and take enforcement action where necessary.</p>
<p>Throughout 2022, ASIC has seen an increase in the collapse of property investment schemes. Working with liquidators, ASIC has detected potential breaches of directors’ duties and director misconduct. ASIC will be prioritising enforcement action relating to how these property schemes have been managed, and will seek to hold individuals to account for their involvement.</p>
<p>‘ASIC’s enforcement work will not be limited to these priorities, and these may evolve as new and emerging issues or products come to our attention. We will continue to direct our enforcement resources to ensure we maintain a fair, strong and efficient financial system for all Australians,’ concluded Ms Court.</p>
<p>The post <a href="https://www.adviservoice.com.au/2022/11/asic-announces-enforcement-priorities-for-2023/">ASIC announces Enforcement Priorities for 2023</a> appeared first on <a href="https://www.adviservoice.com.au">AdviserVoice</a>.</p>
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