Author Archives: Ian Ramsay

The Rise and Fall, and Possible Rise Again, of the Use of Infringement Notices by the Australian Securities and Investments Commission 

By | September 5, 2023

Australia’s corporate and securities regulator, the Australian Securities and Investments Commission (ASIC), has extensive enforcement powers that it can use to ensure compliance with the law. One of these is the power to issue infringement notices. An infringement notice is an administrative mechanism that ASIC can use as a response to misconduct. It is issued… Read More »

Accountability of the Australian Securities and Investments Commission and the Establishment of the Financial Regulator Assessment Authority – An Evaluation 

By | July 7, 2022

The Australian Securities and Investments Commission (ASIC) is Australia’s corporate, financial services, and consumer credit regulator. A general description of ASIC is that it is responsible for corporate regulation, the regulation of financial markets and clearing and settlement facilities, the regulation of providers of financial services, and market integrity and consumer protection functions in connection… Read More »

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

By | April 19, 2022

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.… Read More »

Is there underenforcement of corporate criminal law in Australia?

By | November 9, 2021

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… Read More »