Enforcement of Continuous Disclosure: The Use of Infringement Notice and Alternative Sanctions

23 Pages Posted: 2 Nov 2013

See all articles by Marina Nehme

Marina Nehme

UNSW Australia

Margaret Hyland

Western Sydney University, School of Law

Michael Adams

University of New England

Date Written: October 31, 2007

Abstract

This article briefly looks at the sanctions available to ASIC in relation to breaches of the continuous disclosure provisions. The Commonwealth Treasury has issued a consultation paper in March 2007 on infringement notices and their application to the continuous disclosure regime. This article concentrates on the provisions of infringement notices and takes into consideration the reasons behind the introduction of infringement notices and their effectiveness in the continuous disclosure area. The article also assesses the impact of infringement notices by comparing this sanction to the sanction of enforceable undertakings also available to ASIC and comparable sanctions in the United Kingdom.

Suggested Citation

Nehme, Marina and Hyland, Margaret and Adams, Michael Andrew, Enforcement of Continuous Disclosure: The Use of Infringement Notice and Alternative Sanctions (October 31, 2007). Australian Journal of Corporate Law Vol. 21, No. 2, p. 112, 2007, Available at SSRN: https://ssrn.com/abstract=2348440

Marina Nehme (Contact Author)

UNSW Australia ( email )

UNSW Sydney NSW
Kensington, NSW 2052
Australia

HOME PAGE: http://www.law.unsw.edu.au/profile/marina-nehme

Margaret Hyland

Western Sydney University, School of Law ( email )

Australia

Michael Andrew Adams

University of New England ( email )

Armidale
Armidale, 2351
Australia

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