GRC Report Staff

ASIC's Report 571 details the regulator's efforts to assist, engage with, and protect small businesses under its 2017–2020 strategy, including registry modernization, financial capability resources, and enforcement against illegal phoenix activity. For compliance teams at financial institutions, this report signals ASIC's continued regulatory focus on small business lending practices, unfair contract terms, and corporate governance, with implications for how lenders structure small business loan contracts and monitor for phoenix activity.

ASIC's Chair outlined active investigations into KPMG and Big Four audit firms, flagged systemic risks in private credit following the Bathla collapse, and detailed record enforcement outcomes of AUD $830 Million in civil penalties. Compliance teams across banking, insurance, audit, and private credit sectors should note heightened regulatory scrutiny and expect further guidance before year-end.

ASIC's Report 331 and Consultation Paper 202 examine dark liquidity and high-frequency trading in Australian equity markets, finding no systemic market abuse but identifying areas requiring new rules around dark pool transparency, conflicts of interest, and order size thresholds. Compliance teams at market participants and brokers operating crossing systems must prepare for new disclosure, monitoring, and transparency obligations commencing from May 2013.

Alexander McCulloch, a former project manager at Beacon Minerals, was sentenced to 12 months' imprisonment (released on a $5,000 recognizance) after pleading guilty to insider trading under the Corporations Act 2001. The case underscores ASIC's continued enforcement focus on market abuse by insiders with access to material non-public information and highlights the personal and reputational risks for employees who misuse confidential corporate data.

ASIC's latest misconduct data shows retail investor issues, governance failures, and scams—particularly sophisticated pump-and-dump schemes using fake celebrity endorsements—dominating public reports in H1 2026. With a record AUD $830 Million in civil penalties secured in 2025-26, the data underscores ASIC's growing reliance on public tip-offs to drive enforcement priorities, making robust internal reporting and scam-detection controls critical for regulated entities.

ASIC has issued a AUD $19,800 infringement notice to Tetra Servicing Pty Ltd (formerly Telstra Super) for publishing a misleading time horizon representation about its Property Option investment product. The discrepancy between the website's stated 7-year time horizon and the actual 10-year horizon used internally and disclosed in the Investment Guide constitutes a breach of s12DB(1)(e) of the ASIC Act, highlighting the regulator's continued scrutiny of superannuation trustees' marketing and disclosure accuracy.

ASIC's latest misconduct report data shows 9,807 reports received between January and June 2026, with steady overall volumes but a notable 14% increase in reports held for intelligence purposes and a continued rise in "out of jurisdiction" reports. Compliance teams, particularly those in financial services, corporate governance, and insolvency practice areas, should note the persistent prominence of unlicensed financial services, governance failures, and liquidator-related reporting failures as key themes driving regulatory attention.