ASIC releases enforcement policies

By Lea Fua

The Australian Securities and Investments Commission (ASIC) has recently released a number of policy documents clarifying how it approaches enforcement. The policies:

• outline how ASIC undertakes investigations and enforcement activities, and why it deals with unlawful conduct in different ways;
• give guidance on when enforceable undertakings, rather than court action, are acceptable; and
• confirm its stance on commenting publicly on investigations.

Here, partner Michael Hansel and senior associate Lea Fua summarise what company directors need to know about ASIC's approach to enforcement.

Key points

• The policy documents released by ASIC outline its views on enforcement and the remedies available.