Appendix 1Submissions and additional information
1Society of Corporate Law Academics (SCOLA)
2FinClear
3National Stock Exchange of Australia Limited (NSXA)
4Financial Services Council (FSC)
5Governance Institute of Australia Ltd
6Computershare
6.1 Supplementary to submission 6
7Australian Securities and Investments Commission (ASIC)
8Cboe Australia
8.1 Supplementary to submission 8
ACSA Response to Cboe Australia Supplementary Submission
NSXA Response to Cboe Australia Supplementary Submission
GIA Response to Cboe Australia Supplementary Submission
FinClear Response to Cboe Australia Supplementary Submission
Treasury Response to Cboe Australia Supplementary Submission
Reserve Bank of Australia Response to Cboe Australia Supplementary Submission
ASX Response to Cboe Australia Supplementary Submission
ASIC Response to Cboe Australia Supplementary Submission
9Digital Asset
Response from ASX to submission from Digital Asset
10Australian Securities Exchange (ASX)
10.1 Supplementary to submission 10
10.2 Supplementary to submission 10
11Australian Custodial Services Association
12Ms Helen Bird & Mr William Klein
13Australian Financial Complaints Authority (AFCA)
Additional Information
1ASX opening statement provided at a public hearing on 5 December 2022
2Small Business Debt Helpline financial distress and interest rates, received 18August 2023
3Financial Counselling Australia national debt helpline, received 23 August 2023
Answer to Question on Notice
1ASIC-001. Senator Bragg - Handling of misconduct reports: asked in writing of ASIC, 15 September 2022 (received 7 October 2022)
2FRAA-001. Senator O'Neill - ASIC Stakeholder Engagement: asked of FRAA at a public hearing, 5 December 2022 (received 17 January 2023)
3ASIC-002. Senator O'Neill - Licensing - FTX Australia Pty Limited: asked at a public hearing, 5 December 2022 (received 16 January 2023)
4ASIC-003. Senator O'Neill - Crypto - Enforcement staff numbers: asked at a public hearing, 5 December 2022 (received 16 January 2023)
5ASIC-004. Senator O'Neill - Crypto - Resourcing
6ASIC-005. Senator Scarr - Licencing - Resourcing: asked at a public hearing, 5December 2022 (received 16 January 2023)
7ASIC-006. Senator O'Neill - ASX & CHESS Replacement - industry costs: asked at a public hearing, 5 December 2022 (received 16 January 2023)
8ASIC-007. Senator O'Neill - ASX & CHESS Replacement - forward work plan for current CHESS: asked at a public hearing, 5 December 2022 (received 16January 2023)
9ASIC-008. Senator O'Neill - ASX & CHESS Replacement - current ASIC-RBA co-regulatory framework: asked at a public hearing, 5 December 2022 (received 16 January 2023)
10ASIC-009. Senator O'Neill - Nuix contract: asked at a public hearing, 5December 2022 (received 16 January 2023)
11ASIC-010. Senator O'Neill - Performance measurement in the context of the FRAA review: asked at a public hearing, 5 December 2022 (received 16January 2023)
12ASIC-011. Senator Scarr - ASIC Committees: asked at a public hearing, 5December 2022 (received 16 January 2023)
13ASIC-012. Senator Scarr - Reports of misconduct (ROM) statistics: asked at a public hearing, 5 December 2022 (received 16 January 2023)
14ASIC-013. Senator Scarr - Rio Tinto: asked at a public hearing, 5December2022 (received 16 January 2023)
15ASIC-014. Senator O'Neill - Remediation: asked at a public hearing, 5December 2022 (received 16 January 2023)
16ASIC-015. Senator O'Neill - ASX & CHESS Replacement - Competition in clearing and settlement: asked at a public hearing, 5 December 2022 (received 16 January 2023)
17ASIC-016. The Hon. Mr Pitt MP - Insurance: asked at a public hearing, 5December 2022 (received 16 January 2023)
18ASIC-017. Senator O'Neill - Predictive Genetic Information in Life Insurance: asked in writing 20 December 2022 (received 16 January 2023)
19ASIC-018. Senator O'Neill - Greenwashing: asked in writing 20 December 2022 (received 8 February 2023)
20ASIC-019. Senator O'Neill - ASIC 2021-2022 Annual Report: asked in writing 20 December 2022 (received 6 February 2023)
21ASIC-020. Senator Pratt - Strategic Minerals Corporation Pty Ltd (formerly Strategic Minerals Corporation NL): asked in writing 19 December 2022 (received 31 January 2023)
22ASX-001. Senator O'Neill - CHESS Replacement Project: asked at a public hearing, 5 December 2022 (received 6 February 2023)
23ASX-002. Senator O'Neill - FRAA review into ASIC: asked in writing, 20December 2022 (received 6 February 2023)
24ASX-003. Senator O'Neill - Greenwashing: asked in writing, 20 December 2022 (received 6 February 2023)
25BoardRoom-001. Senator O'Neill - ASIC's recent statements regarding the CHESS Replacement Project: asked at a public hearing, 23 February 2023 (received 10 March 2023)
26LinkGroup-001. Senator Pratt - Proposed amendments of licensing regime and regulatory obligations for operators of financial markets: asked at a public hearing, 23 February 2023 (received 16 March 2023)
27SIAA-001. Senator O’Neill – Various: asked at a public hearing 23February 2023 (received 22 March 2023)
28Computershare-001. Senator O'Neill - Various: asked at a public hearing, 23February 2023 (received 16 March 2023)
29ASX 004. Senator O'Neill – Communication of ASX stake in Digital Asset: asked at a public hearing, 8 June 2023 (received 23 June 2023)
30ASX 005. Senator O'Neill – Composition of ASX Clear and ASX Settlement Boards: asked at a public hearing, 23 February 2023 (received 23 June 2023)
31ASX 006. Senator O'Neill – Selection of Digital Asset: asked at a public hearing, 23 February 2023 (received 23 June 2023)
32ASX 007. Senator Scarr – Shareholding in Digital Asset: asked at a public hearing, 23 February 2023 (received 23 June 2023)
33ASX 008. Senator O'Neill - Various asked at a public hearing, 8 June 2023 (received 23 June 2023)
34ASX-009. Senator O'Neill-Changes to regulatory arrangements asked in writing 27 June 2023 (received 11 July 2023)
35ASIC-025. Senator O'Neill - PwC Securities Ltd authorised representatives - asked at a public hearing, 27 June 2023 - (received 27 June 2023)
36FSC 001. Senator O'Neill: asked at a public hearing, 8 June 2023 (received 26June 2023)
37GIA- 001. Senator O'Neill- CHESS governance structures and consultation, asked at a public hearing, 8 June 2023 (received 11 July 2023)
38Treasury-001. Senator O'Neill- Foreign Investment Review - Application categories asked of FIRB asked at a public hearing, 27 June 2023- (received 17July 2023. pdf)
39Treasury -002. Senator O'Neill-Review Register of Foreign Ownership of Australian Assets asked at a public hearing, 27 June 2023- (received 17July2023. pdf)
40EY-001. Senator O'Neill-Team assigned to EY’s Special Report on the support and maintenance of CHESS asked at a public hearing 27 June 2023 (received 28 July 2023)
41EY-002.Senator O’Neill-Team assigned to EY’s Special Report on the support and maintenance of CHESS subcontractors, asked at a public hearing 27 June 2023 (received 28 July 2023)
42EY-003.Senator O’Neill-Team assigned to EY’s Special Report on the support and maintenance of CHESS qualifications, asked at a public hearing 27 June 2023 (received 28 July 2023)
43EY-004.Senator O'Neill-Cost of EY’s audit asked at a public hearing 27 June 2023 (received 28 July 2023)
44EY-005.Senator Scarr-Risk mitigation strategies asked at a public hearing 27June 2023 (received 28 July 2023)
45EY-006.Senator O’Neill-Risk Themes – lack of competition asked at a public hearing 27 June 2023 (received 28 July 2023)
46Treasury-003.Senator O’Neill Domestic residential and foreign investment overlap asked of FIRB at a public hearing 27 June 2023 (received 31 July 2023)
47Cboe Australia -001. Mr Hawke MP -Original replacement program design asked at a public hearing 27 June 2023 (received 28 July 2023)
48Cboe Australia -002.Senator O'Neill -What is needed from the business committee and the technical committee asked at a public hearing 27 June 2023 (received 28 July 2023)
49Treasury -004.Senator O’Neill-ASIC, Takeover Panel, ASX interactions asked of FIRB at a public hearing 27 June 2023 (received 31 July 2023)
50Treasury-005.Mr Hawke MP Security of Critical Infrastructure Act asked at a public hearing 27 June 2023 (received 31 July 2023)
51Cboe Australia-003.Senator O'Neill -Post trade settlement services ASX used in the CHESS replacement Program 27 June 2023 (received 28 July 2023)
52Cboe Australia -004. Senator O'Neill -Quantum of Money that Cboe Australia obtained from ASX asked at a public hearing 27 June 2023 (received 28 July 2023)
53Cboe Australia -007. Senator O'Neill -Co regulatory model of the RBA and ASIC looks life after settlement facilities asked at a public hearing 27 June 2023 (received 28 July 2023)
54Cboe Australia -005. Senator O'Neill -Cboe insights into other countries arrangments for competition clearing and settlement asked at a public hearing 27 June 2023 (received 28 July 2023)
55ASIC-026.Senator Scarr-CHESS Replacement Vendor Management asked at a public hearing 27 June 2023 (received 7 August 2023)
56ASIC- 027.Senator O'Neill- CHESS replacement ASIC regulatory powers asked at a public hearing 27 June 2023 (received 7 August 2023)
57ASIC- 028.Senator O'Neill-ASX CHESS Replacement ASIC regulatory powers asked at a public hearing 27 June 2023 (received 7 August 2023)
58ASIC- 029.Senator O'Neill- ASIC regulatory powers asked at a public hearing 27 June 2023 (received 7 August 2023)
59ASIC-030.Senator O'Neill- CHESS Replacement Ernst and Young Engagement asked at a public hearing 27 June 2023 (received 7 August 2023)
60ASIC- 031.Senator O'Neill- ASX Ernst Young Engagement asked at a public hearing 27 June 2023 (received 7 August 2023)
61ASIC-032. Mr Hawke MP -ASX CHESS Replacement – ASIC Regulatory Powers asked at a public hearing 27 June 2023 (received 7 August 2023)
62Digital Asset-001.Senator O'Neill - ASX CHESS Replacement Project asked at a public hearing 27 June 2023 (received 2 August 2023)
63ASIC-024. Dr Mulino MP - CAMAC - asked at a public hearing, 23 February 2023 (received 21 March 2023)
64ASIC-023. Senator Pratt - asked at a public hearing 23 February 2023, answered (27 March 2023)
65ASIC-021. Senator O'Neill - ASIC licence transfers asked at a public hearing 23 February 2023 (received 28 March 2023)
66ASIC-022. Senator Pratt - Strategic Minerals asked at a public hearing 27February 2023 (received 21 March 2023)
67ASIC - 033. Senator O'Neill - Contracts with PwC - asked at a public hearing 27 June 2023 (received 4 September 2023)
68ASIC - 034. Senator Pratt - Ms Oma Strategic Minerals - 27 June 2023 (received 4 September 2023)
69ASIC - 035. Senator O'Neill - Professional bodies notification to ASIC on fit and proper status of their members - asked at a public hearing 23 June 2023 (received 4 September 2023)
70Digital Asset, answers to questions on notice from Senator Deborah O'Neill asked at a public hearing regarding [ ASX CHESS REPLACEMENT PROJECT], [8 JUNE 2023] (received [6 SEPTEMBER 2023].
71ASIC - 036. Senator Pratt - Centrepay - asked at a public hearing 20 October 2023 (received 25 October 2023).
72ASX- 010. Senator Pratt - Industry consultations: asked at a public hearing, 20October 2023 (received 10 November 2023).
73ASIC- 37. Senator O'Neill-CHESS replacement Program - asked in writing 27October 2023 (received 20 November 2023)
74Mr Alan Cameron - 001 Senator O'Neill and Senator Scarr - Independent Chair of the ASX Cash Equities Clearing and Settlement Advisory Group, 20October 2023 (received 9 November 2023)
75Treasury -006.Senator O'Neill-Independent assurance tasks asked at a public hearing 27 June 2023 (received 20 November 2023)
76Treasury -007. Senator O'Neill- Quality of audits asked at a public hearing 27June 2023 (received 20 November 2023)
77Commonwealth Ombudsman-001. Senator O’Neill – ASIC handling of matters, asked in writing 11 July 2023 (received 4 August 2023)
78AFCA - 001 Senator O'Neill-Systemic issues reported to regulators asked at a public hearing on the 20 October 2023 (received 16 November 2023)
79AFCA - 002 Senator O'Neill- Complaints to AFCA about IAG loyalty discounts asked at a public hearing on the 20 October 2023 (received 16November 2023)
80AFCA - 003 Senator O'Neill- Complaint resolution rates in Tier 2 and 3 banks and financial firms asked at a public hearing on the 20 October 2023 (received 16 November 2023)
81AFCA - 004 Senator O'Neill- AFCA suggestions to disrupt or prevent financial scams asked at a public hearing on the 20 October 2023 (received 16November 2023)
82AFCA - 006 Senator Scarr- AFCA capacity to publicly name firms involved with systemic issues asked at a public hearing on the 20 October 2023 (received 16 November 2023)
83AFCA - 007 Senator O'Neill and Senator Scarr- Firm engaging in inappropriate debt collection activity asked at a public hearing on the 20October 2023 (received 16 November 2023)
84ASIC - 038. Senator Pocock- PwC ability to disqualify AR and director on fit and proper grounds - asked at a public hearing 20 October 2023 (received 30November 2023)
85ASIC - 039. Senator Scarr- PwC application of section 1041H - asked at a public hearing 20 October 2023 (received 30 November 2023)
86ASIC - 040. Senator Pocock-PwC consideration of license applications by those involved in disclosure - asked at a public hearing 20 October 2023 (received 30 November 2023)
87ASIC - 041. Senator Pocock- PwC evidence relied on by ASIC delegate to ban Peter Collins - asked at a public hearing 20 October 2023 (received 30November 2023)
88ASIC - 042. Senator O'Neill - PwC Linklaters inquiry - asked at a public hearing 20 October 2023 (received 30 November 2023)
89ASIC - 043. Senator Pocock - PwC Peter Calleja and Sean Gregory - asked at a public hearing 20 October 2023 (received 1 December 2023)
90ASIC - 044. Senator Pocock - PwC Peter Konidaris and Eddy Moussa- asked at a public hearing 20 October 2023 (received 1 December 2023)
91ASIC - 045. Senator Pocock - PwC Peter van Dongen, Wayne Plummer and Tom Seymour- asked at a public hearing 20 October 2023 (received 30November 2023)
92ASIC - 046. Senator Pocock - PwC Richard Gregg- asked at a public hearing 20October 2023 (received 1 December 2023)
93ASIC - 047. Senator O'Neill - Schemes - asked at a public hearing 20 October 2023 (received 30 November 2023)
94ASIC - 048. Senator O'Neill - Debt collection - asked at a public hearing 20October 2023 (received 30 November 2023)
95ASIC - 049. Senator O'Neill - Auditing- asked at a public hearing 3 November 2023 (received 30 November 2023)
96ASIC - 050. Senator O'Neill - Auditing - asked at a public hearing 3 November 2023 (received 30 November 2023)
97ASIC - 051. Senator O'Neill - Cybersecurity- asked at a public hearing 3November 2023 (received 30 November 2023)
98ASIC - 052. Senator O'Neill - Cybersecurity- asked at a public hearing 3November 2023 (received 30 November 2023)
99ASIC - 053. Senator O'Neill - Cybersecurity- asked at a public hearing 3November 2023 (received 30 November 2023)
100ASIC - 054. The Hon. Keith Pitt MP - Cybersecurity- asked at a public hearing 3 November 2023 (received 30 November 2023)
101ASIC - 055. Senator O'Neill and the Hon. Keith Pitt MP - Cybersecurity and AI- asked at a public hearing 3 November 2023 (received 30 November 2023)
102ASIC - 056. Senator O'Neill - Remediation and claims handling- asked at a public hearing 3 November 2023 (received 30 November 2023)
103ASIC - 057. Senator O'Neill - Data on credit- asked at a public hearing 3November 2023 (received 30 November 2023)
104ASIC - 058. Senator O'Neill - Credit and predatory lending- asked at a public hearing 3 November 2023 (received 30 November 2023)
105ASIC - 059. The Hon. Keith Pitt MP - ClearLoans credit- asked at a public hearing 3 November 2023 (received 30 November 2023)
106ASIC - 060. Senator O'Neill - Cancelled or suspended credit licensees April 1 2022 to 9 December 2022- asked at a public hearing 3 November 2023 (received 30 November 2023)
107ASIC - 061. Senator O'Neill - Small Amount Credit Contract (SACC) sector- asked at a public hearing 3 November 2023 (received 30 November 2023)
108ASIC - 062. The Hon. Keith Pitt MP - Credit- asked at a public hearing 3November 2023 (received 30 November 2023)
109ASIC - 063. Senator O'Neill - Credit- asked at a public hearing 3 November 2023 (received 30 November 2023)
110ASIC - 065. Senator O'Neill - Auditors/Nuix - asked at a public hearing 3November 2023 (received 30 November 2023)
111ASIC - 067. Senator O'Neill - Hybrid Capital bonds - asked at a public hearing 3 November 2023 (received 30 November 2023)
112ASIC - 068. Senator Pratt - CentrePay/Credit- asked at a public hearing 3November 2023 (received 30 November 2023)
113ASIC - 069. Senator Pratt - CentrePay/Credit- asked at a public hearing 3November 2023 (received 30 November 2023)
114ASIC - 070. Senator Pratt - CentrePay, Urban Rampage and credit- asked at a public hearing 3 November 2023 (received 30 November 2023)
115ASIC - 071. Senator Pratt - Credit and target market determinations- asked at a public hearing 3 November 2023 (received 30 November 2023)
116ASIC - 072. Senator O'Neill - Credit- asked at a public hearing 3 November 2023 (received 30 November 2023)
117Takeovers Panel - 001. Senator O'Neill - Takeovers Regulation Comparison - asked at a public hearing 20 October 2023 (received 8 December2023)
118Takeovers Panel - 002. Senator Pratt- Capital raising- asked at a public hearing 20 October 2023 (received 8 December 2023)
119ASIC - 064. Senator O'Neill - Capital raising- asked at a public hearing 3November 2023 (received 21 December 2023)
120ASIC - 066. Senator O'Neill - Crowdfunding and peer to peer lending- asked at a public hearing 3 November 2023 (received 21 December 2023)
121ASIC - 073. Senator Pratt- Director ID- asked at a public hearing 3 November 2023 (received 21 December 2023)
122CommSec-001. Senator O'Neill-Chess asked in writing 8 February 2024 (22February 2024)
123ASIC-074. Senator O'Neill - Class Order 02 273 - asked in writing 20 March 2024 (19 April 2024)
Correspondence
1Correspondence from ASX to PJC CFS regarding ASX's decision making process for the chess replacement project 29 June 2023
Media Releases
1Presentation of report - Statutory inquiry into ASIC, the Takeovers Panel, and the corporations legislation: ASIC licence transfers
2Public hearings on 3 November 2023
Tabled Documents
1ASIC-RBA joint statement on the ASX CHESS replacement program, 17November 2022. Tabled by Senator O'Neill at a public hearing on 5December 2022.
2ASX media release, 17 November 2022. Tabled by Senator O'Neill at a public hearing on 5 December 2022.
3Josh Taylor, 'FTX bypassed regular process for obtaining Australian financial services licence', Guardian, 23 November 2022. Tabled by Senator O'Neill at a public hearing on 5 December 2022.
4David Ferrall, 'Technology is the solution to the ASX's CHESS troubles,' AFR, 5 December 2022. Tabled by Senator O'Neill at a public hearing on 5December 2022.
5Table extracted from the International Monetary Fund’s Global Financial Stability Report (October 2021), p. xii, ‘Net Flows into Investment Funds by Fund Label, 2010:Q1–20:Q4’. Tabled by Senator O'Neill at a public hearing on 5 December 2022.
6ASIC Opening Statement, 23 February 2023. Tabled by ASIC at a public hearing on 23 February 2023.
7ASIC Notices to the ASX, 21 February 2023. Tabled by ASIC at a public hearing on 23 February 2023.
8ASIC Letter to Senate Economics Legislation Committee regarding the investigation into Deputy Chair Karen Chester, 22 February 2023. Tabled by ASIC at a public hearing on 23 February 2023.
9ASX Opening Statement, 23 February 2023. Tabled by the ASX at a public hearing on 23 February 2023.
10ASX CHESS Replacement Factsheet, June 2020. Tabled by the ASX at a public hearing on 23 February 2023.
11Digital Asset Opening Statement, 8 June 2023. Tabled by Senator O'Neill at a public hearing 8 June 2023.
12NSXA Opening Statement, 8 June 2023. Tabled by Senator O'Neill at a public hearing 8 June 2023.
13NSXA Handout to Parliamentary Joint Committee, 8 June 2023. Tabled by Senator O'Neill at a public hearing 8 June 2023.
14Financial Services Council Opening Statement, 8 June 2023. Tabled by Senator O'Neill at a public hearing 8 June 2023.
15ASX Opening Statement, 8 June 2023. Tabled by Senator O'Neill at a public hearing 8 June 2023.
16FIRB Investment Policy Handout, 27 June 2023.Tabled by FIRB at public hearing 27 June 2023.
17Australian Financial Complaints Authority (AFCA) Opening Statement, 20October 2023. Tabled by AFCA at a public hearing on 20 October 2023.
18Australian Financial Complaints Authority (AFCA), Systemic Issues Insights Report, Quarters 3 and 4, FY22-23 - Edition 3. Tabled by AFCA at a public hearing on 20 October 2023.
19Takeovers Panel, Presentation to the PJC CFS, 20 October 2023. Tabled by the Takeovers Panel at a public hearing on 20 October 2023.
20Mr Alan Cameron, Independent Chair of ASX Cash Equities Clearing and Settlement Advisory Group Opening Statement, 20 October 2023. Tabled by Mr Alan Cameron, Independent Chair of ASX Cash Equities Clearing and Settlement Advisory Group at a public hearing on 20 October 2023.
21Australian Securities and Investments Commission (ASIC) Opening Statement, 20 October 2023. Tabled by ASIC at a public hearing on 20 October 2023.
22Australian Securities Exchange LTD (ASX) Opening Statement, 20 October 2023. Tabled by ASX at a public hearing on 20 October 2023.
23ASIC Opening Statement, 03 November 2023. Tabled by ASIC at a public hearing on 03 November 2023.