ASIC will now use its power to recover expenses and costs of its investigations.
ASIC’s new approach and the factors it will consider before using its power has been detailed in Information Sheet 204 Recovery of investigation expenses and costs (INFO 204), which has been released today.
Generally, ASIC must pay the expenses of investigations it conducts. However, under s91 of the Australian Securities and Investments Commission Act 2001, ASIC may make an order to recover investigation expenses and costs where that investigation has led to a successful prosecution or civil proceeding against a person.
To date, ASIC has rarely recovered its investigation expenses and costs. However, ASIC has reviewed its approach and considers that it should more frequently seek to recover the expenses and costs of an investigation from the person who has caused those expenses and costs to be incurred. Accordingly, ASIC will consider making an order for the recovery of its investigation expenses and costs in each case where the legislative requirements are met.
The new approach will apply to investigations from 29 July 2015 as well as some investigations commenced before this date.