Department of the Treasury

Trio Capital

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Treasury recommended the Government reject compensation claims from self-managed superannuation funds and direct investors who lost money in the Trio Capital collapse, arguing there was no special case for Government intervention and the position aligned with approaches to other corporate failures. The submission noted APRA and ASIC had carried out their regulatory responsibilities appropriately. However, Treasury acknowledged the Department of Finance had advised the Government could not rule out Act of Grace payments, which claimants could apply for individually and be assessed case-by-case. ASIC's enforcement actions resulted in 9 enforceable undertakings, 9 bans, 2 convictions with jail sentences, and 1 cancelled/suspended financial services license. The submission recommended swift Government decision-making to provide certainty to investors and suggested consulting the Finance Minister before any public announcement.

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