The use of enforcement powers is a critical function in the delivery of the Commission's regulatory objectives. The Enforcement Division is responsible for the application of the Commission's enforcement framework through the following functions:
- conduct investigations to gather evidence and enforcing the regulatory framework in relation to persons or entities supervised by the Commission;
- investigate and effect enforcement action against persons or entities suspected of undertaking licensable activities falling within the regulatory and supervisory functions of the Commission, without the necessary licence or authorisation;
- issue guidance and warnings to alert the public of the risks involved in transacting with certain entities;
- interface with law enforcement and other regulatory agencies for intelligence purposes.
Where breaches are of serious nature, the Commission will seek to act firmly, but fairly to ensure that supervised entities and individuals take proper steps to resolve issues or to achieve other effective outcomes.
The Commission's enforcement powers include:
- restricting supervised entities and other persons from conducting specific regulated activity or conduct;
- revoking or imposing a condition on a licence;
- imposing financial penalties;
- issuing disciplinary warnings;
- issuing public statements.