"Investment Fund Faced AU$10.5m Penalty for Involvement in Prohibited Industries, Including Gambling Sector"
A Sizable Slap on the Wrist for Active Super
The Federal Court of Australia has thrown a whopping AU$10.5 million fine at Active Super, a superannuation fund that apparently couldn't resist diving into the forbidden pool of restricted sectors like gambling. Despite touting itself as an ethical superannuation investment on its website, impact reports, and product disclosure statements, it turned out this fund had been cozying up to gambling operators Tabcorp and PointsBet, and casino firm SkyCity Entertainment.
iCrime Watch reports that the Australian Securities and Investments Commission (ASIC) got wind of this dodgy deal and unearthed more questionable holdings, such as investments in oil companies, coal firms, and entities with links to Russia. The fund had kept these positions for nearly two and a half years like a stubborn mule, despite Justice O'Callaghan's complaints about its refusal to acknowledge its mistakes by offering a host of contrived arguments in its defense.
ASIC Deputy Chair Sarah Court wasn't amused, stating that the hefty penalty sends a clear message to other investment companies in the industry to get their acts together and stick to their promises.
Ethical superannuation funds in Australia are closely monitored by regulatory bodies like ASIC, which require clear adherence to Environmental, Social, and Governance (ESG) standards and transparency about investment practices. The Responsible Investment Association Australasia (RIAA) also champions responsible investment practices.
Penalties for misrepresentation or non-compliance with declared ethical investment policies are not unheard of in the industry, but the specifics aren't outlined in the regulations. However, a recent case involving a superannuation trustee (not explicitly named as Active Super) serves as a cautionary tale.
The case underscores the importance of honest reporting of investment practices and the necessity of rigorous verification processes to maintain ESG compliance, thus preventing greenwashing. It's vital to uphold trust by sticking to ethical investment claims, considering the growing demand among Australians for responsible and ethical investments.
- The hefty fine handed to Active Super by the Federal Court of Australia, worth AU$10.5 million, serves as a warning for other investment companies, as the fund was found to have inappropriately invested in restricted sectors such as gambling operators Tabcorp and PointsBet, and casino firm SkyCity Entertainment, despite claiming ethical superannuation investment practices.
- In response to the revelation, ASIC Deputy Chair, Sarah Court, stated that the penalty aims to emphasize the need for investment companies to comply with their promises and adhere to Environmental, Social, and Governance (ESG) standards.
- ASIC, Responsible Investment Association Australasia (RIAA), and other regulatory bodies closely monitor ethical superannuation funds in Australia, expecting transparent practices regarding investment choices and adherence to ESG standards.
- Investment misrepresentation or non-compliance with declared ethical investment policies can result in penalties, as evidenced by the recent case involving a superannuation trustee (not explicitly named as Active Super), which serves as a reminder of the importance of honest reporting of investment practices and the requirement for robust verification processes to ensure ESG compliance, thereby avoiding greenwashing and upholding trust among Australian investors seeking responsible and ethical investments.


