Gadens Regulatory Recap – 11 July 2024

This edition of the Gadens Regulatory Recap highlights recent developments from ASIC, APRA, AFCA, ACCC, Treasury, and legislative updates, including various enforcement actions taken by the regulators. ASIC AFS licensees required to notify ASIC about ‘experienced provider pathway’ declaration From 1 July 2024, AFS licensees must notify ASIC within 30 business days if they receive […]

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ASIC presses for penalties and crypto regulatory clarity with Block Earner appeal

The decision by the Australian Securities and Investments Commission (ASIC) to appeal the latest Block Earner decision should give crypto asset providers some cause for concern. The regulator has signalled that, despite some recent court losses, it is prepared to continue its focus on the emerging industry in its pursuit of regulatory clarity. In February […]

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ASIC issues infringement notices to Fertoz Limited for alleged greenwashing

On 25 June 2024, the Australian Securities & Investments Commission (ASIC) confirmed that, on 21 June 2024, Fertoz Limited (Fertoz) had paid $37,560 in compliance with two infringement notices issued by ASIC in relation to alleged false or misleading statements that Fertoz had made in respect of its Reforestation Project in the Philippines. In issuing […]

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Gadens Regulatory Recap – 26 June 2024

This edition of the Gadens Regulatory Recap highlights recent developments from ASIC, APRA, AFCA, AUSTRAC, OAIC, ACCC, Treasury, the Council of Financial Regulators, and legislative updates, including various enforcement actions taken by the regulators.  ASIC   ASIC grants class no-action position to second party opinion providers: On 14 June 2024, ASIC issued a class no-action position […]

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Doing business in Australia

The Gadens Doing business in Australia guide provides foreign investors with an overview of the Australian business, economic and regulatory environment, as well as practical advice on how to go about setting up and doing business in Australia. Australia is an ideal investment location for foreign companies looking to grow internationally, benefitting from well-developed infrastructure, […]

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Gadens Regulatory Recap – 11 June 2024

This edition of the Gadens Regulatory Recap highlights recent developments from ASIC, APRA, AUSTRAC, OAIC and ACCC including various enforcement actions taken by the regulators. ASIC   5 million+ Australians have struggled to make loan and debt repayments, yet many not asking for help: ASIC is launching a new awareness campaign Just Ask! Hardship Help […]

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Gadens Regulatory Recap – 29 May 2024

This edition of the Gadens Regulatory Recap highlights recent developments from ASIC, APRA, AFCA, ATO, AUSTRAC, OAIC, ACCC, Treasury and the RBA, including various enforcement actions taken by the regulators.  Federal Budget  Federal Government Budget: The Federal Government announced the 2024-25 Federal Budget on 14 May 2024, setting the Government’s key policy agenda for the […]

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Gadens Regulatory Recap – 16 May 2024

This edition of the Gadens Regulatory Recap highlights recent developments from ASIC, APRA, ATO, ACCC, Treasury and the RBA, including various enforcement actions taken by the regulators.  ASIC   Scam alert: Scammers are changing the way they impersonate financial services businesses in sophisticated bond and term deposit scams: ASIC has issued a warning to consumers about a […]

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Gadens Regulatory Recap – 30 April 2024

This edition of the Gadens Regulatory Recap highlights recent developments from ASIC, APRA, ACCC, and the RBA, including various enforcement actions taken by the regulators. ASIC ASIC releases early guidance on mandatory climate disclosure regime: During a keynote speech at Deakin Law School, ASIC Chair Joe Longo urged entities to prepare for Australia’s imminent mandatory climate […]

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ASIC obtains Judgement against SunshineLoans for charging fees not permitted by the National Credit Code

The Australian Securities and Investments Commission (ASIC) brought proceedings against SunshineLoans Pty Ltd (SunshineLoans) alleging contraventions of the National Consumer Credit Protection Act 2009 (Cth) (NCCPA) in its lending business, which involved small amount credit contracts (SACCs). ASIC alleged that SunshineLoans charged customers certain fees which were prohibited. ASIC sought injunctions and declarations of contravention, […]

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Gadens Regulatory Recap – 16 April 2024

This edition of the Gadens Regulatory Recap highlights recent developments from ASIC, APRA, ACCC, the OAIC, and the ATO, including various enforcement actions taken by the regulators.  ASIC ASIC consults on misconduct reporting guidance for external administrators and controllers: ASIC is consulting on proposed updates to Regulatory Guide 16 (RG 16), which deals with the […]

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ASIC issues infringement notices to an auditor for failing to comply with independence standards

The Australian Securities & Investments Commission (ASIC) has, for the first time, issued infringement notices pursuant to the Corporations Act 2001 (Cth) (the Act) alleging that an auditor failed to comply with his audit rotation obligations. Allegations Following a voluntary disclosure to ASIC by the auditor pursuant to section 311 of the Act, ASIC stated […]

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