Speak to a Consultant Free Call | Mon - Fri | 9am - 5pm
1800 001 212

White Collar & Corporate

5. ASIC

Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 16 Sep 2015
    5. ASIC
  • ASIC is the Australian Securities and Investments Commission. It is a Commonwealth body established to regulate the activity of company’s and businesses in Australia.
  • The Australian Securities and Investments Commission Act 2001 (Cth) and the Corporations Act 2001 (Cth) set out the powers and responsibilities of ASIC including creating offences for certain behaviour.
  • ASIC has broad powers to investigate and prosecute companies to make sure they are complying with the law.
  • For information about complying with company law, setting up a business or running a company see the ASIC website: http://asic.gov.au.
  • You may also like to see our topics on Companies and Company Compliance Law.
  • ASIC has two important functions.
    • It has the power to investigate a business; and
    • it also has the power to start a prosecution against a business or an individual.
  • ASIC has the power to investigate and prosecute a range of offences including:
    • insider trading;
    • falsifying records or books;
    • the dishonest use of your position;
    • carrying on your business without a licence;
    • managing a company whilst disqualified; and
    • also offences relating to company directors such as:
      • fraud;
      • cheating; or
      • publishing false statements.
  • Depending on the conduct:
    • you may be charged under Commonwealth laws and prosecuted by the Commonwealth Department of Public Prosecutions (DPP); or
    • you may be charged under state or territory legislation and prosecuted by their police or DPP.
  • If your business is being investigated by ASIC or if ASIC has decided to lay a charge against you or your business it is important to get legal advice to make sure you understand your rights and obligations. Our free Find a Lawyer directory provides contact details for lawyers who may suit your needs.

View more Information on Criminal Law

Connect with a Lawyer