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27 November 2025

FSR GPS: ASIC Breach Reporting & How To Assess Offence Provisions

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Herbert Smith Freehills Kramer LLP

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We have previously provided guidance on the proper assessment of criminal offence provisions for ASIC breach reporting purposes. In our experience across the industry, this continues to be an overlooked...
United States Criminal Law
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We have previously provided guidance on the proper assessment of criminal offence provisions for ASIC breach reporting purposes. In our experience across the industry, this continues to be an overlooked aspect of the breach reporting regime.

Before non-compliance can amount to the commission of an offence that may need to be breach reported to ASIC, it is necessary that all the physical and fault elements of the offence can be proven (unless the offence is one of strict or absolute liability).

In this edition of the FSR GPS, we have created a decision tree to assist with undertaking assessments of criminal offence provisions for breach reporting purposes.

Download and see our decision tree here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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