On the pulse

ASIC

ASIC appoints Scott Gregson as CEO

ASIC has appointed Scott Gregson as Chief Executive Officer. Mr Gregson will join ASIC on 17 March 2025 following a nearly 30-year career with the ACCC. He will take over from ASIC’s retiring interim CEO Greg Yanco.

See ASIC media release.

ASIC’s Moneysmart encourages Australians to stick to their financial goals in 2025

ASIC's Moneysmart has released findings indicating that 52% of Australians have set financial goals for 2025, yet only 12% are likely to adhere to them. Younger generations, particularly Gen Z and Millennials, are more inclined to set financial resolutions but also foresee more obstacles, such as financial constraints, motivation, knowledge and time.

ASIC Commissioner Alan Kirkland emphasises the importance of planning and budgeting to stay on track with financial goals, while RMIT University's Dr Angel Zhong suggests reflecting on past financial actions to set realistic future goals. The most common financial aspirations for 2025 include increasing savings and reducing non-essential spending, with Moneysmart offering tools and advice to help Australians achieve their financial objectives.

See ASIC media release.

ASIC consults on proposed remake of employee incentive scheme instruments

ASIC is seeking feedback on its proposal to remake the following employee incentive scheme (EIS) class orders, which are due to expire on 1 April 2025:

  • ASIC Class Order [CO 14/1000]: Employee Incentive Schemes: Listed bodies ([CO 14/1000]).

  • ASIC Class Order [CO 14/1001]: Employee Incentive Schemes: Unlisted bodies ([CO 14/1001]).

See ASIC Consultation 14: Proposed remake of relief for employee incentive schemes (CS 14).

ASIC plans to combine the two EIS class orders into one legislative instrument and proposes to remake the exemptions for a period of five years (see Draft ASIC Corporations (Employee Incentive Schemes—Ongoing Relief) Instrument 2025/XX). While entities have not been able to make offers of financial products to employees and other eligible participants under the EIS class orders since 1 March 2023, certain entities may need to continue issuing financial products because of EISs established under the EIS class orders. For example, this may occur when an eligible participant becomes entitled to shares after exercising an option or when an incentive right vests.

ASIC states that while the exemptions will largely remain on the same terms, it is proposing that some exemptions should only be required for "underlying eligible products", such as shares, because entities should not need to issue "overlying eligible products", such as options or incentive rights.

CS 14 is open until 5.00 pm on 22 February 2025.

For more information, see ASIC News: ASIC invites feedback on proposed remake of employee incentive scheme instruments (20 January 2025).

Legislation and proposed legislation

Next steps in streamlining Australia’s financial reporting architecture

On 23 January 2025, the government released a consultation paper to gather insights and feedback on how it can restructure the financial reporting architecture to make it more efficient, effective and fit for purpose. This is the government’s next step in reforming Australia’s institutional arrangements with a new single entity for the setting of accounting, sustainability, auditing and assurance standards.

It complements the government’s other efforts to better target regulation across the economy, including the biggest overhaul to merger settings in 50 years and changes to strengthen and streamline the foreign investment regime.

The consultation paper seeks feedback on the proposed structure and governance arrangements for a new body responsible for the combined functions of:

  • the Australian Accounting Standards Board (AASB)

  • the Auditing and Assurance Standards Board (AUASB)

  • the Financial Reporting Council (FRC).

In addition to accounting and auditing standards, the new integrated body will better support the ongoing development of climate related financial disclosure standards. A key focus of the proposed new architecture is ensuring that the new body will have the flexibility to meet evolving priorities and issues.

The reform will provide a ‘one stop shop’ for the development and issuance of standards. It will also help to increase regulatory consistency, reduce unnecessary costs and avoid duplication when it comes to financial reporting.

The consultation paper seeks feedback on the proposed:

  • body’s structure

  • model of making standards for:

    • accounting

    • sustainability

    • auditing and assurance

  • transparency measures for the board and committees’ roles

  • board and committees’ candidates’ independence from industry

  • ways to strengthen governance and oversight arrangements.

The deadline for responding to the consultation paper is 21 February 2025.

The consultation paper is now available on the Treasury website.

G+T articles

G+T Insight - Chambers Global Practice Guide White-Collar Crime 2024 Australia: Law & Practice – covers key topics including corporate and personal liability, damages and compensation, plea agreements, corporate fraud, bribery, influence peddling, insider trading, tax fraud, competition law, cybercrimes, protection of company secrets, money laundering, self-disclosure, whistleblower protection and penalty assessments – Richard Harris and Peter Munro (15 January 2025).

G+T Insight - Chambers Global Practice Guide White-Collar Crime Australia 2024: Trends & Developments – explores the evolution of Australia’s regulatory landscape for white-collar crime and examines recent legislative changes, key regulatory developments and the increased focus on enforcement actions against corporations and individuals. It also highlights ongoing investigations into consulting and financial services sectors, reflecting the broader shift towards stronger accountability and deterrence – Richard Harris and Peter Munro (15 January 2025).

G+T Insight - Training and deploying AI within the GDPR framework – discusses the European Data Protection Board's opinion on ensuring AI development and use comply with General Data Protection Regulation (GDPR), emphasising strict standards for anonymisation, legitimate purpose, and balancing data privacy with innovation, while highlighting potential challenges for smaller tech companies operating in the EU – Peter Waters (28 January 2025).

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