Information provided to ASIC when making a request for a marker as part of an application for immunity for a contravention of a provision of Part 7.10 of the Corporations Act 2001 includes personal information.
We collect personal information to enable us to assess your eligibility for immunity under ASIC’s Immunity Policy and whether to issue you a marker in accordance with it. This includes information about whether you (and at least one other person) are, or have been, involved in conduct that may contravene a provision in Part 7.10 of the Corporations Act. Your personal information may also be used in relation to any investigation and court proceedings regarding the contravention.
We also collect your contact details (such as your name, email address and mobile phone number) so we can contact you to discuss your request for a marker. While you may request a marker on an anonymous basis, your application must disclose sufficient information to enable ASIC to determine whether a marker for the same misconduct has already been issued. We recommend that you provide us with your contact details so we can contact you to discuss your request and seek further information from you as necessary.
We are collecting personal information directly from you when you submit an application for a marker. We may also collect information about you from another person. For example, another person who thinks they (or you) have contravened a provision of Part 7.10 of the Corporations Act. Where we have collected information about individuals from third parties, we will often be exempt from having to inform the individuals about the collection because it is not reasonable in the circumstances. For example, informing them may prejudice an investigation.
We use personal information for the purpose(s) for which it was collected. We may also use the information for other related purposes as set out in ASIC’s Immunity Policy, including:
- where a marker is withdrawn or cancelled and/or immunity is not granted following the proffer – using information indirectly to further our investigation, including to gather evidence that could be used against you, or any other party, in civil penalty and/or criminal proceedings.
We may disclose your personal information as required or authorised by a law of the Commonwealth, State or Territory, including disclosure to other Commonwealth agencies or bodies, State or Territory government agencies or bodies, the Australian Securities Exchange; or the courts and tribunals. In relation to criminal matters, disclosure obligations may require ASIC to disclose personal information to the Commonwealth Director of Public Prosecutions (CDPP).