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ARTICLE · 15 JUNE 2023

Centurion Case: can ASIC publish AFSL cancellation?

The AAT found no grounds to stop ASIC from publicising news of the cancellation of Centurion's AFSL.

AustraliaFinance and Banking

A recent decision of the Administrative Appeals Tribunal (AAT) looked at whether ASIC could be prohibited from publishing the cancellation of an AFSL belonging to Centurion Custodian Funds Management. As lawyer Sarah Sherman explains, the Tribunal's rationale in deciding whether to prohibit ASIC from sharing the news may be relevant where a licensee or other organisation wants ASIC to hold off on publicising certain information.

BACKGROUND

Centurion held an AFSL authorising it to provide specified financial services, including financial product advice and dealing with interests in managed investment schemes for wholesale clients.

On 18 January 2023, ASIC made a reviewable decision to cancel Centurion's AFSL on the basis it had not used the licence and there was no evidence suggesting it would.

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