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The Money

Should ASIC be split to ensure better corporate regulation?

Sep 19, 2024
In this discussion, Andy Schmulow, an Associate Professor of Law, and Dr. Jason Harris, a Professor of Corporate Law, dive into the critical failures of the Australian Securities and Investments Commission (ASIC). They advocate for splitting ASIC into specialized regulators to enhance corporate oversight and protect consumers. Highlighting ASIC's inefficiency in addressing corporate crime, they stress the urgency for reform to safeguard retirees’ finances. The conversation also touches on the need for a greater emphasis on valuing natural ecosystems within economic frameworks.
29:04

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Quick takeaways

  • The proposal to split ASIC into two specialized regulatory bodies aims to enhance its effectiveness in enforcing corporate compliance and protecting consumers.
  • A new initiative to quantify the economic value of ecosystems aims to improve understanding of their contributions to society and support informed environmental management.

Deep dives

Regulatory Deficiencies in ASIC

The Australian Securities and Investments Commission (ASIC) has faced significant criticism for its regulatory effectiveness, particularly in light of its overly broad mandate which hampers its ability to focus on financial misconduct. Experts argue that ASIC's role as a catch-all regulator has led to inadequate enforcement and oversight, particularly in the wake of findings from various inquiries, including the recent Bragg report. Despite the gravity of issues such as 'fees for no service' amounting to nearly a billion dollars annually, ASIC’s response has been lackluster, often merely indicating they will 'consider' action against culpable entities. The call for restructuring ASIC into dedicated regulatory bodies for financial conduct and insolvency is emphasized as essential for improving its effectiveness and accountability in protecting consumers and ensuring corporate compliance.

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