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Enforcement

The enforcement unit within ASX Compliance is responsible for enforcement action against market, clearing and settlement participants for breaches of ASX's operating rules and for giving various notifications to ASIC

Enforcement action against ASX participants

The Enforcement unit within ASX Compliance is responsible for bringing enforcement action against market, clearing and settlement participants for breaches of ASX's operating rules.

Enforcement decisions are generally made by the ASX Chief Compliance Officer (CCO) in accordance with the ASX Enforcement and Appeals Rulebook.

A participant dissatisfied with an enforcement decision by the CCO can generally appeal that decision to the ASX Appeal Tribunal. The specific types of decisions that can be appealed to the Tribunal and the process and timeframe for appealing them are set out in section 3 of the ASX Enforcement and Appeals Rulebook.

 ASX Enforcement and Appeals Rulebook

 ASX Appeal Tribunal

Notifications to ASIC

As a licensed market operator and provider of clearing and settlement facilities, ASX is obliged under the Corporations Act and under a Memorandum of Understanding with ASIC to notify ASIC of various matters, including any:

  • suspected significant contraventions of the Corporations Act or of ASX's Listing Rules or Operating Rules;
  • matters that may adversely affect the ability of a market participant to meet its obligations as a financial services licensee; and
  • disciplinary action against a market, clearing or settlement participant for breaches of ASX's Operating Rules.

The Enforcement unit within ASX Compliance is responsible for co-ordinating notifications to ASIC in accordance with these requirements.                

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