ASIC & Enforcement

When is a compliance framework considered defensible by ASIC?

ASIC does not define or certify a “defensible” compliance framework. However, a compliance framework is more likely to be considered...

How does ASIC assess advice quality during surveillance?

ASIC assesses the quality of advice by examining whether AFS licensees can demonstrate that personal advice complies with their legal...

What does ASIC mean by adequate resources under s912A?

ASIC expects AFS licensees to maintain adequate resources under section 912A of the Corporations Act to provide financial services efficiently,...

What evidence pack should an AFSL maintain before ASIC requests it?

ASIC does not prescribe a formal evidence pack for AFS licensees. However, prudent licensees maintain organised evidence of compliance before...

What are the mandatory reporting timeframes under the reportable situations regime?

ASIC requires AFS licensees and credit licensees to report reportable situations within 30 calendar days after they first know, or...

What evidence does ASIC expect to see during surveillance?

ASIC uses different surveillance types, and the evidence it seeks depends on the specific project. Thematic surveillance focuses on a...

Does ASIC regulate AI?

No. ASIC does not directly regulate artificial intelligence as a standalone technology. ASIC regulates the financial services, conduct and outcomes...

How should an AFSL prepare for an ASIC surveillance, compliance review, or regulatory visit?

ASIC expects an AFSL to demonstrate that its compliance framework operates effectively in practice. Preparation should focus on producing clear...

How quickly should I be able to produce compliance records?

ASIC does not prescribe a specific timeframe for producing compliance records. However, AFS licensees should be able to promptly locate...

What does ASIC mean by effective control?

ASIC generally uses the term “effective control” to describe a licensee’s ability to govern, monitor, and oversee its financial services...

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