Securities Regulation in Australia and New Zealand

Securities Regulation in Australia and New Zealand
Author: Gordon R. Walker
Publisher: Lbc Information Services
Total Pages: 852
Release: 1998
Genre: Business & Economics
ISBN:

Presented as a collection of essays on specific issues of the regulation of dealings in investment securities in Australia & New Zealand, this text provides an analysis of the securities regimes of both countries & discusses securities regulation in the context of information technology, globalisation, share ownership, short selling, insider trading, derivatives, capital raising & fundraising, disclosure rules & due diligence & the regulatory bodies.

Australia

Australia
Author: International Monetary Fund
Publisher: International Monetary Fund
Total Pages: 153
Release: 2012-11-21
Genre: Business & Economics
ISBN: 1475524544

The Australian legal and regulatory framework for securities markets exhibits a high level of compliance with the International Organization of Securities Commissions (IOSCO) Principles. A few remaining concerns need to be resolved, including some identified in the 2006 assessment. Australian Securities and Investments Commission’s (ASIC) operational independence and sufficiency of resources are overarching concerns which impair its ability to discharge its supervisory functions adequately and effectively across the entire regulated population.

The Law of Insider Trading in Australia

The Law of Insider Trading in Australia
Author: Gregory Lyon
Publisher: Federation Press
Total Pages: 244
Release: 2005
Genre: Law
ISBN: 9781862875630

This book provides a detailed and practical analysis of Australian Insider Trading Laws. Written jointly by Gregory Lyon of the Melbourne Bar and Professor du Plessis of Deakin University, the work: Examines all fundamental concepts relating to insider trading such as 'who is an insider', 'what is inside information' and 'when is information generally available', together with commentaries on proposed changes to the laws and an examination of the impact of the most recent decisions, including Hannes, and Rivkin; Provides a very detailed examination of the defences and exceptions, with particular attention to the operation of Chinese Walls; Analyses fully and systematically the provisions on insider trading in the Corporations Act and the Criminal Code (Cth) within the context of decided cases and relevant secondary materials; Covers comprehensively the penalties and remedies for contravention of the insider trading regime. This includes the intricate civil compensation provisions, and an up-to-date analysis of the civil penalties regime in light of ASIC v Petsas; Discusses the operation and effectiveness of continuous disclosure as a means of preventing insider trading.

Public and Private Enforcement of Securities Laws

Public and Private Enforcement of Securities Laws
Author: Michael Legg
Publisher: Bloomsbury Publishing
Total Pages: 428
Release: 2022-02-10
Genre: Law
ISBN: 1509941533

This book undertakes unique case studies, including interviews with participants, as well as empirical analysis, of public and private enforcement of Australian securities laws addressing continuous disclosure. Enforcement of laws is crucial to effective regulation. Historically, enforcement was the province of a government regulator with significant discretion (public enforcement). However, more and more citizens are being expected to take action themselves (private enforcement). Consistent with regulatory pluralism, public and private enforcement exist in parallel, with the capacity to both help and hinder each other, and the achievement of the goals of enforcement in a range of areas of regulation. The rise of the shareholder class action in Australia, backed by litigation funding or lawyers, has given rise to enforcement overlapping with that of the government regulator, the Australian Securities and Investments Commission. The ramifications of overlapping enforcement are explained based on detailed analysis. The analysis is further bolstered by the regulator's approach to enforcement changing from a compliance orientation to a “Why not litigate?” approach. The analysis and ramifications of the Australian case studies involve matters of regulatory theory and practice that apply across jurisdictions. The book will appeal to practitioners, regulators and academics interested in regulatory policy and enforcement, and the operation of regulators and class actions, including their interaction.

A Comparative Analysis of Insider Trading Regulation: New Zealand, Australia and the European Union

A Comparative Analysis of Insider Trading Regulation: New Zealand, Australia and the European Union
Author: Elise Verdonck
Publisher: GRIN Verlag
Total Pages: 60
Release: 2015-03-31
Genre: Law
ISBN: 3656933154

Seminar paper from the year 2014 in the subject Law - Civil / Private, Trade, Anti Trust Law, Business Law, grade: A-, University of Auckland, course: Corporate Governance, language: English, abstract: Since the financial crisis in 2008 there is no doubt about the fact that the evolving financial markets are essential for economic growth, employment and prosperity. Those markets serve as financing means for the business world and consumers benefit from the availability of a wide range of financial products and the additional advantages that those markets entail (higher pensions and lower mortgage costs). However, if those financial markets want to continue to contribute both to economy and society, the promotion of a good, integer and transparent functioning of those markets is essential. The proper functioning of the financial markets is largely dependent on the confidence of investors in those markets. The fact that investors ‘must be placed on an equal footing’ is the underlying principle on which this confidence is based. Market participants must be assured to always have access to a minimum set of information before making their investment decisions. In this context, transparency plays an important role. The price of a financial instrument is always the result of the available financial information. And to have proper price formation, it is essential that all the stakeholders have equal access to the relevant information as much as possible. A lot of regulations have already been introduced in this area. Yet, the effectiveness of those regulations can be questioned. For example, directors can make use of certain non-public information to trade in securities. They abuse their superior knowledge and consequently other investors regard this as unfair trading. Due to those unfair practices, other potential investors will turn their back to the financial markets. Insider trading is likely to undermine the investors’ confidence in the market and may jeopardise the proper functioning of the market. Therefore insider trading should be prohibited. But in most cases, law enforcement authorities face difficulties in proving the offenses. Hence, insider trading is a social evil and remains difficult to combat. This research essay will compare the current legislation on insider trading in New Zealand, Australia and the EU.This research essay will compare the current legislation on insider trading in New Zealand, Australia and the EU. In the end, it will be clear that the fundamental differences between the three jurisdictions remain off.

A Rapid Response to Questionable Trading - Moving Towards Better Enforcement of Australia's Securities Laws

A Rapid Response to Questionable Trading - Moving Towards Better Enforcement of Australia's Securities Laws
Author: Janet Austin
Publisher:
Total Pages: 16
Release: 2010
Genre:
ISBN:

The global financial crisis has acutely exposed the global nature of the markets for securities and their impact on the world economy. Yet despite some cross-fertilization, the regulation of those markets differs significantly. In the longer term it is likely that governments will now move towards the setting of more uniform securities laws and a more coordinated response to their enforcement. However in the short term can more be done to ensure that the Australian Securities and Investments Commission (ASIC) and the Australian Stock Exchange (ASX) improve their enforcement of Australia's securities laws, in particular the prohibitions against insider trading and market manipulation? ASIC has recently undertaken a review of its structure in an effort to become more market focused. The ASX has established a separate company to undertake supervision of its markets. However both ASIC and the ASX operate under existing laws and procedures that divide the supervision of regulating the markets between them. This article will consider whether changes are needed to both their enforcement tools and this division of regulation to prompt a quicker enforcement response and to respond to the challenges of a likely move towards worldwide harmonization of securities regulation.

The Law of Private Security in Australia

The Law of Private Security in Australia
Author: Rick Sarre
Publisher: Lawbook Company
Total Pages: 280
Release: 2009
Genre: Police, Private
ISBN: 9780455226835

Rapid growth and burgeoning diversification within the private security industries have extensively increased interaction between security operators and the public. This increased exposure, together with a number of highly publicised incidents, has brought about a heightened focus on levels of industry professionalism and accountability (including public concerns surrounding personal freedoms), and more burdensome licensing and regulatory controls upon both security companies and individuals. Importantly, it has also prompted security staff to be mindful of their own vulnerability in a vocation where personal legal immunities are rare. The only work of its kind in this country, The Law of Private Security in Australia, 2nd Edition is an indispensable guide to the rights and responsibilities of private security personnel and their employers.The authors utilise examples from the industry, underscored by case law, State and federal laws and regulations, industry codes of practice, and ethical protocols. They clearly identify the sources and scope of private security powers and the liabilities impinging upon them. In each scenario, a range of potential actions - desirable and undesirable - is given, as well as the legal consequences that spring from these actions for both employers and employees. The law covered is also of great relevance to police officers, as many of the legal principles that apply to private personnel emanate from the laws that empower and restrict public police. With its clear explanations of legal concepts by authors with years of experience in teaching lawyers and non-lawyers, The Law of Private Security in Australia, 2nd Edition is essential reading for every security company, security operator and private policing agency.