ASIC action is nearly always POST not PRE.
ASIC are simply too hindered with the burden of proof. If they get it wrong they are a target for lawsuit. With most of these companies being run by lawyers, the threat is very real.
To deal with situations like CVI there needs to be a change in legislation allowing for for formation of an ASIC "Untouchables" division free of lawsuits.
worth, page-13
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