The Australian Securities and Investments Commission’s New Immunity Policy: An Evaluation

In 2021, the Australian Securities and Investments Commission (ASIC) launched an immunity policy for certain market misconduct offenses, including insider trading and market manipulation. The ASIC immunity policy grants a full exemption from civil and criminal sanctions (specifically immunity) to individuals who have colluded with others to contravene a provision of Part 7.10 of the Corporations Act 2001. […]

Is there underenforcement of corporate criminal law in Australia?

There is an important international debate on whether there is underenforcement of corporate laws that reduces law’s deterrent value. For example, American scholar John Coffee believes that there is a crisis of underenforcement of the law against corporations in the United States. Our recent research examines this issue in Australia by investigating prosecutions from 2009 to 2018 under Australia’s […]