This section contains information about the transfer of market surveillance powers from the Australian Securities Exchange (ASX) and other markets to ASIC.
- Market integrity rules
- Market supervision reports
- ASIC Market Supervision updates
- Equity market data
- Cost recovery regime
- Markets Disciplinary Panel
- Market participants
- Australian Market Regulation Feed
- Breach reporting
- More information
On 1 August 2010 ASIC took over responsibility for supervision of real-time trading on Australia's domestic licensed markets. This supplements its existing responsibility for enforcement of the laws against misconduct on Australia's financial markets and its supervision of Australian financial services licence holders.
This followed the announcement about reforms to the supervision of Australia’s financial markets in August 2009 by the Treasurer and the Minister for Financial Services, Superannuation & Corporate Law, and the announcement by the Minister on 8 July 2010 of a 1 August 2010 start date for the transfer to ASIC of the market supervision role previously performed by ASX and other markets (NSX, BSX, APX and IMB).
ASIC has assumed this important responsibility. We have an integrated market surveillance system in place and we have developed a streamlined markets analysis methodology and relationship management model. We have built and trained a quality Market & Participant Supervision team, consisting of ASIC talent and external people with specialist market experience. The team is complemented by ASX surveillance staff that transferred to ASIC on 1 August 2010. Practically, this means market participants will have more engagement with ASIC in their day-to-day operations. ASIC will become involved in potential market misconduct enquiries at an earlier stage than before.
ASIC is committed to market integrity and a fair, orderly and transparent market.
Market integrity rules
Market integrity rules for the ASX, ASX 24, APX, IMB, NSXA and SIM VSE markets were released on 1 August 2010. Market integrity rules for the Chi-X market and for competition in exchange markets were released on 29 April 2011. We have also issued guidance on these market integrity rules.
Market supervision reports
ASIC publishes reports outlining key operational statistics and outcomes of its market and participant supervision functions and markets-related deterrence outcomes:
ASIC Market Supervision updates
To receive information from ASIC about market surveillance and supervision subscribe to the ASIC Market Supervision Update.
Subscribers will be provided further information such as regulatory updates and notices, and general information about market supervision process.
Equity market data
ASIC compiles data from all orders and trades in Australian equity market products for each quarter.
We provide data on market characteristics (including volatility), measures of market concentration and measures of market efficiency.
Cost recovery regime
The new Market Supervision and Competition Cost Recovery Regime provides a mechanism for the Government to recover the funding that it approved in 2009-10 and 2010-11 to cover ASIC's additional costs for:
undertaking its new regulatory functions following the transfer of market supervision (on 1 August 2010) and the introduction of market competition; and
the development of a framework to support market competition.
The new cost regime was developed by Treasury and ASIC in consultation with industry and complies with the Australian Government Cost Recovery Guidelines.
Consistent with the Cost Recovery Guidelines, ASIC has published a Cost Recovery Impact Statement (CRIS) for the period from 1 January 2012 to 30 June 2013.
Markets Disciplinary Panel
The Markets Disciplinary Panel is the main forum for disciplinary action for breaches of the market integrity rules. It is a peer review body, consisting of part-time members with relevant market or professional experience. The current members of the panel have senior roles in broking firms and investment banks.
Read more about the operation and membership of the Markets Disciplinary Panel.
Download Regulatory Guide 216
Markets Disciplinary Panel (RG 216).
There were minimal changes from 1 August 2010 to basic trading obligations or participant requirements. Market participants should contact ASIC in instances relating to market integrity rules such as enquiries and information about market behaviour and supervision.
ASIC MPS Participant Compliance Team
ASIC MPS Participant Relationship Team
MPS Compliance surveillances
On-site reviews/self assessments
Case build for deterrence referral
Participant profiling via RADAR
Understanding business models/Market technology
Refer suspected misconduct to participant
Compliance for assessment
When an entity becomes a market participant, it should make contact with the ASIC MPS Participant Relationship team to establish a relationship manager for their entity. All other enquiries should be directed to contact ASIC or see contact details below.
To facilitate the monitoring of trading activity, each equity market operator is required to establish a network connection into ASIC's Integrated Market Surveillance System (IMSS), and during the course of each trading day, provide a parallel data feed consisting of:
all orders, trades, and quotes being processed and disseminated by the market’s trading engine, and
all trading session and security price and status-related messages.
More about the Australian Market Regulation Feed (including specification documents)
To self-report a breach of the market integrity rules, market participants should continue to use the existing s912D process. Guidance on how to notify ASIC of significant breaches (or likely breaches) by AFS licensees under s912D of the Corporations Act is set out in Regulatory Guide 78. Written breach reports may be:
lodged at any ASIC office, addressed to Stakeholder Services, Misconduct and Breach Reporting, ASIC; or
emailed to email@example.com.
There is no prescribed form for reporting a breach. However, you can:
use Form FS80 on our website at www.asic.gov.au/forms, for lodging written breach reports; or
you can report a breach (or likely breach) by giving us a written report.
You can also report breaches to ASIC on 1300 300 630.
Market Supervision Roadshow webcast
(You will need to enter your details into the form before watching the webcast.)
Retail client adviser accreditation and responsible executive examinations
Find out about retail client adviser accreditation and responsible executive examinations after the transfer of market supervision from ASX to ASIC.
Block trade tiers
ASIC publishes, on a quarterly basis, the equity market products allocated to the new block trade tiers that take effect on 26 May 2013. The first publication began on 8 March 2013.
phone: 1300 300 630
online enquiry: www.asic.gov.au/question