We have previously provided guidance on the proper assessment of criminal offence provisions for ASIC breach reporting purposes. In our experience across the industry, this continues to be an overlooked aspect of the breach reporting regime.
Before non-compliance can amount to the commission of an offence that may need to be breach reported to ASIC, it is necessary that all the physical and fault elements of the offence can be proven (unless the offence is one of strict or absolute liability).
In this edition of the FSR GPS, we have created a decision tree to assist with undertaking assessments of criminal offence provisions for breach reporting purposes.
Download and see our decision tree here.
If you have any questions, get in touch with one of our experts below.
Key contacts
Michael Vrisakis
Partner, Sydney
Tamanna Islam
Partner, Sydney
Shan-Verne Liew
Senior Associate, Sydney
Disclaimer
The articles published on this website, current at the dates of publication set out above, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action.