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Report reportable situations to ASIC within 30 days (RG 78)

AFSL/ACL holders must report reportable situations within 30 calendar days of becoming aware.

criticalcurrentevent drivenCriminal liability

Who must comply

AFSL holders, ACL holders.

What triggers it

Reasonable grounds to believe a reportable situation has arisen.

When due

Within 30 calendar days.

Evidence required

Breach register, RG 78 reports submitted via ASIC Regulatory Portal, investigation file notes.

Max penalty

Civil penalty (s 912DAA(7)): for a body corporate the greatest of $18.2M (50,000 penalty units), 3× the benefit, or 10% of annual turnover (capped at 2.5M penalty units); for an individual licensee up to $1.82M (5,000 penalty units). Failing to report is also an offence (up to 2 years imprisonment).

Who must comply with this? The applicability test by industry, business structure and size.

Summary

Section 912DAA Corporations Act (reportable situations are defined in s 912D) and s 50A NCCP Act require AFSL and ACL holders to report reportable situations to ASIC within 30 calendar days of having reasonable grounds to believe a reportable situation has arisen. RG 78 provides guidance. Significant breaches, investigations exceeding 30 days, and serious fraud must all be reported.

Enforced by

Source legislation

Entity types

afsl holderacl holder

Topics

financial-servicesbreach-reporting

Related

Frequently asked questions

Who must comply with reportable situations to ASIC within 30 days (RG 78)?
AFSL holders, ACL holders.
What triggers reportable situations to ASIC within 30 days (RG 78)?
Reasonable grounds to believe a reportable situation has arisen.
When is reportable situations to ASIC within 30 days (RG 78) due?
Within 30 calendar days.
What is the maximum penalty for reportable situations to ASIC within 30 days (RG 78)?
Civil penalty (s 912DAA(7)): for a body corporate the greatest of $18.2M (50,000 penalty units), 3× the benefit, or 10% of annual turnover (capped at 2.5M penalty units); for an individual licensee up to $1.82M (5,000 penalty units). Failing to report is also an offence (up to 2 years imprisonment).
What evidence is required for reportable situations to ASIC within 30 days (RG 78)?
Breach register, RG 78 reports submitted via ASIC Regulatory Portal, investigation file notes.

Source: https://www.asic.gov.au/regulatory-resources/financial-services/. Rules Mate is not a law firm. Always verify against the live regulator source before acting.