The Difficulties of ASIC in Enforcing Insider Trading Laws and the Probable Solutions
Download as PDF
ASIC is the most important of Australia’s corporate regulator. It is empowered to enforce Australia’s market misconduct laws with various powers. Insider trading is serious market misconduct in the capital market and it is crucial to enforce insider trading laws properly. In practice, the ASIC faces enforcement problems in the investigation, proving and division of supervision. The probable solutions may include giving ASIC the power to apply for telephone interception warrants and encouraging it to use reg-tech in investigations. And the ASIC should pay more attention to civil procedures and civil penalty proceedings. As for the division of supervision problems, introducing a joint body of ASIC and ASX could be a possible way.
Corporate regulator, enforcement, insider trading, Australia security law