ASIC section 19 / 33 notice response checklist
ASIC notices are compulsory and carry criminal penalties for non-compliance. This checklist is for Australian commercial lawyers acting for companies, officers, or advisers that have been served with an ASIC notice under the ASIC Act 2001.
This is a 12-step checklist for responding to ASIC compulsory notices — section 19 examination notices, section 33 document production, section 30 books of a body corporate, and the corresponding sections of the National Consumer Credit Protection Act.
The checklist
Confirm the notice authority and validity
Check the notice is issued under the correct section of the ASIC Act, identifies the investigation, and has been properly served.
Diarise the compliance deadline
Record the production or examination date and calculate the reasonable time required to comply.
Notify the client and take instructions
Brief the client on obligations, risks of non-compliance, and the use immunity under section 68.
Identify the scope of documents sought
Map the notice against the client’s records — emails, minutes, financials, contracts, and personal devices.
Implement a document hold
Issue a written litigation hold to stop destruction of relevant records. Include IT and offsite archives.
Assess legal professional privilege
Identify privileged documents, prepare a privilege log, and write to ASIC claiming privilege with reasons.
Apply public interest immunity if relevant
Where documents attract PII (e.g. whistleblower identity), prepare submissions and redact accordingly.
Consider an extension or variation
If the scope or timing is unreasonable, write to ASIC seeking an extension or narrowing — document the reasons.
Prepare and redact the production
Produce documents in a searchable format, index by notice paragraph, and apply redactions with clear reasons.
Prepare witnesses for section 19 examinations
Brief examinees on procedure, the right to a lawyer, the use immunity, and the limits of privilege against self-incrimination.
Attend examination and preserve the record
Attend the examination, take contemporaneous notes, and obtain a transcript copy.
Review outcomes and follow-up risk
After production or examination, review ASIC’s next steps, consider voluntary disclosure, and plan defence or remediation.
When this checklist applies
Use the moment a client or officer is served with an ASIC compulsory notice — production, examination, or combined.
Common pitfalls
- Destroying documents after notice — criminal offence under section 39
- Waiving privilege by producing documents without a privilege log
- Missing the compliance deadline — contempt and criminal exposure
- Treating the use immunity as a derivative use immunity — only direct use is protected
- Failing to brief the examinee on their rights and limits
Run this checklist on a real matter
Quillio maps ASIC notices to document sets, runs privilege review, and prepares the production index on a live matter. See /practice-areas/commercial-lawyers or start a free trial.
General guidance for ASIC notice responses. Adapt for Royal Commission, APRA, AUSTRAC, ACCC notices, and criminal matters.
Use this checklist on your matter.
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