Regulatory and Compliance Lawyer Brisbane

What should I do if ASIC is investigating my business?

If ASIC is investigating your business, you should immediately seek legal advice. ASIC has broad investigative powers including the ability to compel attendance, production of documents and examination under oath. You have rights including legal professional privilege and the privilege against self-incrimination in certain circumstances. Early legal engagement can help manage the investigation and negotiate outcomes such as enforceable undertakings.

What is the Australian Consumer Law and how does it affect my business?

The Australian Consumer Law (ACL), contained in Schedule 2 of the Competition and Consumer Act 2010, applies to all businesses operating in Australia. It prohibits misleading or deceptive conduct, unconscionable conduct and unfair contract terms. It provides consumer guarantees for goods and services and gives the ACCC enforcement powers including product recalls, infringement notices and court-ordered penalties.

Do I need an AFSL or ACL for my business in Australia?

You need an Australian Financial Services Licence (AFSL) if you provide financial services including dealing in financial products, providing financial advice or operating a financial market. You need an Australian Credit Licence (ACL) if you engage in credit activities. Exemptions may apply, and authorised representative arrangements can provide an alternative to holding your own licence.

What is an AML/CTF program and do I need one in Australia?

An AML/CTF program is a compliance framework required under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) for all reporting entities. It must include customer identification procedures, ongoing customer due diligence, transaction monitoring and suspicious matter reporting processes. If your business provides designated services including financial services, gambling, bullion dealing or (from 2026) professional services under Tranche 2, you are required to have an AML/CTF program registered with AUSTRAC.

What is Tranche 2 AML and when does it start in Australia?

Tranche 2 extends Australia's AML/CTF regime to lawyers, accountants, real estate agents, trust and company service providers (TCSPs), precious metals and stones dealers, property developers, business brokers and other designated service providers. These entities will become reporting entities for the first time, requiring AML/CTF programs, AUSTRAC registration and ongoing compliance frameworks from 2026.

What is an enforceable undertaking from ASIC?

An enforceable undertaking is a written agreement between ASIC and a person or company in which the entity commits to taking specific actions to address compliance concerns. It is an alternative to court proceedings and is legally binding. Breaching an enforceable undertaking allows ASIC to seek court orders enforcing compliance. Negotiating an EU can be a favourable outcome compared to civil penalty proceedings.

What penalties apply for breaching Australian Consumer Law?

Penalties for breaching the Australian Consumer Law can be severe. For bodies corporate, the maximum civil penalty is the greater of $50 million, three times the benefit obtained or 30% of turnover. For individuals, the maximum is $2.5 million. The ACCC can also seek injunctions, disqualification orders, adverse publicity orders and community service orders.

What should I do if the NDIS Commission takes compliance action against my business?

The NDIS Quality and Safeguards Commission can issue compliance notices, infringement notices, enforceable undertakings and banning orders, and its compliance actions are listed on a public register that participants, competitors and insurers can search. Operating without registration where registration is required is now a criminal matter and civil penalties for serious misconduct reach $15 million. If the Commission is looking at your business, the sequence of what you do next matters more than the notice itself: obtain legal advice before responding, preserve documents and treat any registration or renewal application in light of your compliance history.

What should I do if I receive an AHPRA notification or Health Ombudsman complaint?

AHPRA notifications proceed through a staged process under the Health Practitioner Regulation National Law: assessment, possible immediate action on your registration, investigation and in serious cases referral to a tribunal. Deadlines to respond are short and what you say in your first response shapes the entire matter. Obtain legal advice before responding, notify your professional indemnity insurer and do not contact the notifier. Astris Law handles these matters through its Disciplinary Law practice, which defends health practitioners and other regulated professionals.

What should I do if WorkCover Queensland or a WHS regulator is investigating my business?

WorkCover Queensland and Workplace Health and Safety Queensland have broad powers to require documents, enter workplaces and interview staff following a workplace incident or in connection with a claim or premium declaration. What you say and produce during the investigation forms the evidentiary foundation of any later prosecution or claim dispute, so legal advice at the investigation stage is critical. Astris Law handles these investigations with its Administrative Law & WHS practice, including WHS prosecution defence across all offence categories.

What are my obligations if my business has a data breach?

If your business is subject to the Privacy Act 1988 and there are reasonable grounds to believe an eligible data breach has occurred, the Notifiable Data Breaches scheme requires you to notify affected individuals and the Office of the Australian Information Commissioner. The assessment must be made within 30 days of becoming aware of the suspected breach. Prompt legal advice helps you contain the breach, determine notification obligations, manage communications and reduce the risk of regulatory action.