Home » Soft deals with banks and inaction after tip-offs — brand ASIC needs a change

Soft deals with banks and inaction after tip-offs — brand ASIC needs a change

Soft deals with banks and inaction after tip-offs — brand ASIC needs a change

It’s the stuff of nightmares: a Panama-based online Ponzi scheme expands its operations into Australia using a small group of Australian promoters and social media to reel in tens of thousands of Australians with the promise of a 1 per cent daily return on their investments.

In less than two years it ends badly. Investors lose their money but the kingpins and promoters get away with more than $100 million.

Alarmingly, the Australians who openly promoted the scheme have moved on to other schemes, says a submission to a parliamentary inquiry into the corporate regulator ASIC and its effectiveness as an enforcement agency.

The inquiry began in October 2022 and next month it will hand down its findings.

It is hard to know whether the final report and recommendations will be a political hot potato or a political fizzer. It depends on whether Labor accepts the report or attaches a dissenting one. The Coalition will also have to decide whether it will take a reform of ASIC to the next election. 

But the inquiry’s chair, Liberal senator Andrew Bragg, has made strong noises indicating that he wants significant reform at ASIC, possibly even to split it up. 

Liberal senator Andrew Bragg has been chairing the inquiry into Australia’s corporate regulator ASIC. (ABC News: John Gunn)

The inquiry attracted almost 200 submissions. While some of them argue ASIC has done a good job, most are less complimentary — some of them withering.

Former chair’s testimony outlined structural failure to provide support

Issues with ASIC stretch back decades. It was a key reason why a royal commission into the financial services industry was called in late 2017, which found among other things, it had been doing soft deals with the banks and even allowed them to preview ASIC press releases and rewrite them.

Along with raising the usual issues about the regulator’s effectiveness, this parliamentary inquiry examined its culture after former ASIC chairman James Shipton spoke up with a personal account of how ASIC had failed him and culminated in his feeling such despair he contemplated taking his own life.