Investigations

Function and operations

The Investigations section carries out enquiries in relation to any potential significant breaches of the ASX Market Rules, ACH Clearing Rules and ASTC Settlement Rules by Participants.

Structure

Investigations comprise a Manager, Investigations, and a team of qualified Investigators from a range of legal and investigative backgrounds. Investigations works closely with ASX Surveillance, ASX Compliance, Capital Monitoring, Enforcement, and with ASIC, to examine matters requiring further investigation.

Approach to supervision

The Investigations section accepts referrals of matters from ASX Compliance, Surveillance, Capital Monitoring and Issuers where those functions have identified a potential breach of the Operating Rules.  A detailed investigation into the facts of the alleged breach is then initiated.

In the course of an investigation, ASX Investigators may interview Participants and their representatives, inspect records and examine the behaviour of Participants with respect to their compliance with the Operating Rules.

Investigations conducted by ASX are, under the various Operating Rules, confidential to ASX and the Participant concerned.  ASX does not disclose the nature of its investigations or any information arising from them.

In instances where it appears that a Participant may have breached the Operating Rules, the matter may be referred to ASX Enforcement with a view to ASX taking disciplinary action before the Disciplinary Tribunal which adjudicates on such matters. 

If it appears that a Participant or its representatives may have breached the Corporations Act, ASIC is notified and may conduct further investigations.