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ASIC Launches Inquiry into ASX Governance Amid Market Turmoil

Australia’s corporate regulator, the Australian Securities and Investments Commission (ASIC), has initiated a formal inquiry into the Australian Securities Exchange (ASX) due to significant operational failures that have undermined confidence in the country’s financial markets. This investigation is poised to influence the governance and structure of the ASX, potentially reshaping Australia’s broader financial landscape.

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The ASIC’s decision to scrutinize the ASX’s governance and risk management practices follows a series of notable technical and managerial setbacks at the exchange. These include a failed system overhaul and a prolonged market outage, leading to a 6% drop in ASX shares upon the announcement of the inquiry.

Expressing concerns over the ASX’s ability to maintain stable and resilient market infrastructure, ASIC emphasized the importance of restoring trust in the exchange. The inquiry panel, comprising representatives from banking and consumer regulators, may recommend enforcement actions such as board or management restructuring.

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ASIC Chair Joe Longo highlighted the ASX’s central role in Australia’s equities and futures markets, underscoring the significance of the inquiry in rebuilding market confidence. The investigation coincides with a slowdown in initial public offerings, further denting trust in the stock market.

ASX responded to the inquiry by affirming its commitment to reform, citing a transformation strategy launched in 2023 as evidence of its dedication to change. ASX Chair David Clarke acknowledged past incidents that have eroded trust and pledged full cooperation with the regulatory inquiry.

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ASIC’s increased scrutiny of the ASX in recent years culminated in a legal battle in 2024, where ASIC accused the exchange of issuing misleading statements about a technology upgrade project. The subsequent hardware glitch in December further strained market confidence, prompting deeper regulatory scrutiny and investor concerns.

Comparing the ASX inquiry to the 2018 review of Commonwealth Bank of Australia, Longo emphasized the need for accountability and transparency to restore trust in the financial system. The inquiry aims to address cultural and risk management failings, potentially leading to a major overhaul akin to the reforms implemented at Commonwealth Bank.

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The ASX’s response to the inquiry signals a pivotal moment for the exchange, with implications for its future operations and governance. The regulatory intervention underscores the critical role of market infrastructure in maintaining investor confidence and financial stability.

As the inquiry unfolds, stakeholders in Australia’s financial ecosystem will closely monitor the outcomes, viewing the regulatory scrutiny as a catalyst for strengthening market integrity and governance standards. The ASX’s cooperation with the investigation marks a proactive step towards rebuilding trust and ensuring the resilience of Australia’s financial markets.

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