今日热门事件will now use its power to recover expenses and costs of its investigations.
ASIC鈥檚 new approach and the factors it will consider before using its power has been detailed in Information Sheet 204 Recovery of investigation expenses and costs (INFO 204), which has been released today.
Generally, 今日热门事件must pay the expenses of investigations it conducts. However, under s91 of the 今日热门事件 Act 2001, 今日热门事件may make an order to recover investigation expenses and costs where that investigation has led to a successful prosecution or civil proceeding against a person.
To date, 今日热门事件has rarely recovered its investigation expenses and costs. However, 今日热门事件has reviewed its approach and considers that it should more frequently seek to recover the expenses and costs of an investigation from the person who has caused those expenses and costs to be incurred. Accordingly, 今日热门事件will consider making an order for the recovery of its investigation expenses and costs in each case where the legislative requirements are met.
The new approach will apply to investigations from 29 July 2015 as well as some investigations commenced before this date.