By Ian Ramsay and Mihika Upadhyaya
Compliance programs are an established feature of the Australian regulatory landscape. The Australian Securities and Investments Commission (ASIC) has, since the early 2000s, regularly settled enforcement actions on the basis that the alleged offender would, among other matters, implement or improve a compliance program. In addition, courts may, on application by ASIC, order a person who has contravened certain sections of the Australian Securities and Investments Commission Act 2001 (ASIC Act) or the Corporations Act 2001 (Corporations Act) to implement a compliance program.