Regulatory developments timetable

This timetable outlines proposed timeframes for ASIC regulatory work, such as the publication of draft or final guidance, or the anticipated making of a legislative instrument. The timetable generally excludes review, surveillance and enforcement activities. The timetable is published every six months.

This is a point-in-time summary and reflects ASIC's best estimate as at the date of publication. These are subject to change and care should be taken in relying on these dates for planning purposes.

As of 31 July 2023

Initiative	Indicative Timing	Description	Related info/document	Expected action	Status Comments	Sector	Label
Extend ASIC Corporations (Design and Distribution Obligations Interim Measures) Instrument 2021/784, which expires on 5 October 2023	1/7/2023			Amended legislative instrument		General
Rollover the existing transitional relief for foreign financial services providers, which is provided by ASIC Corporations (Repeal and Transitional) Instrument 2016/396, ASIC Corporations (CSSF- Regulated Financial Services Providers) Instrument 2016/1109 and ASIC Corporations (Foreign Financial Service Providers – Limited Connection) Instrument 2017/182	1/7/2023			Remade legislative instrument		General
Update Regulatory Guide 236 Do I need an AFS licence to participate in carbon markets? (RG 236)	1/10/2023			Updated regulatory guide		General
Update Regulatory Guide 5 Relevant interests and substantial holding notices (RG 5) and Regulatory Guide 9 Takeover bids (RG 9), make new legislative instruments, and publish a report on submissions in response to Consultation Paper 365 Remaking ASIC class orders on takeovers, compulsory acquisitions and relevant interests (CP 365)	1/10/2023			New legislative instruments, report on submissions and updated regulatory guide		Corporate finance
Publish a new information sheet that will provide general information about the new requirement that all relevant providers (persons who are authorised to provide personal advice to retail clients on relevant financial products) be registered with ASIC by 1 October 2023	1/7/2023			New information sheet		Financial advisers
Publish a new information sheet that will provide guidance on making the declarations required by s921ZA and 921ZB of the Corporations Act when registering a relevant provider	1/7/2023			New information sheet		Financial advisers
Remake Class Order [CO 13/1050] Financial reporting by stapled entities, which sunsets on 1 October 2023	1/7/2023			Amended legislative instrument		Financial reporting and audit
Make minor amendments to the following financial report and directors’ report instruments to accommodate types of entity that are newly reporting under the Corporations Act: ASIC Corporations (Post Balance Date Reporting) Instrument 2015/842 – updating for corporate collective investment vehicles (CCIVs) and RSE licensees ASIC Corporations (Disclosing Entities) Instrument 2016/190 – updating for CCIVs ASIC Corporations (Rounding in Financial/Directors' Reports) Instrument 2016/191 – updating for RSE licensees	1/10/2023			Amended legislative instruments		Financial reporting and audit
Update Regulatory Guide 95 Disclosing entity provisions relief (RG 95)	1/10/2023			Updated regulatory guidance		Financial reporting and audit
Remake ASIC Corporations (Auditor Independence) Instrument 2021/75, which sunsets on 30 April 2024	1/1/2024			Amended legislative instrument		Financial reporting and audit
Remake ASIC Corporations (Parent Entity Financial Statements) Instrument 2021/0195, which sunsets on 1 April 2024.	1/1/2024			Amended legislative instrument		Financial reporting and audit
Remake Class Order [CO 13/655] Provisions about the amount of consideration to acquire interests and withdrawal amounts not covered by ASIC Corporations (Managed investment product consideration) Instrument 2015/847 and Class Order [CO 13/657] Discretions affecting the amount of consideration to acquire interests and withdrawal amounts, which sunset on 1 October 2023, as a single legislative instrument	1/7/2023			Remade legislative instrument		Investment managers
Remake Class Order [CO 13/656] Equality of treatment impacting on the acquisition of interests, which sunsets on 1 October 2023	1/7/2023			Remade legislative instrument		Investment managers
Remake Class Order [CO 13/760] Financial requirements for responsible entities and operators of investor directed portfolio services, which sunsets on 1 October 2023, and ASIC Corporations (Financial Requirements for Corporate Directors of Retail Corporate Collective Investment Vehicles) Instrument 2022/449 as a single legislative instrument	1/7/2023			Remade legislative instrument		Investment managers
Remake Class Order [CO 13/761] Financial requirements for custodial or depository service providers, which sunsets on 1 October 2023	1/7/2023			Remade legislative instrument		Investment managers
Publish a report on submissions in response to Consultation Paper 367 Remaking ASIC class orders on financial requirements: [CO 13/760], [CO 13/761] and ASIC Instrument 2022/449	1/7/2023			Report on submissions		Investment managers
Remake Class Order [CO 13/762] Investor directed portfolio services provided through a registered managed investment scheme, which sunsets on 1 October 2023	1/7/2023			Remade legislative instrument		Investment managers
Remake Class Order [CO 13/763] Investor directed portfolio services, which sunsets on 1 October 2023	1/7/2023			Remade legislative instrument		Investment managers
Update Regulatory Guide 166 AFS licensing: Financial requirements (RG 166) following remaking of legislative instruments prescribing financial resource requirements for responsible entities, IDPS operators, corporate directors of retail CCIVs and custodians	1/7/2023			Updated regulatory guide		Investment managers
Update Regulatory Guide 134 Funds management: Constitutions (RG 134), following remaking of legislative instruments related to the constitutions of managed investment schemes	1/7/2023			Updated regulatory guide		Investment managers
Update Regulatory Guide 148 Platforms that are managed investment schemes and nominee and custody services (RG 148), following remaking of legislative instruments related to platforms	1/7/2023			Updated regulatory guide		Investment managers
Consult on the following class orders, which sunset on 1 April 2024: Class Order [CO 13/721] Relief to facilitate quotation of exchange traded funds on the AQUA Market Class Order [CO 13/1200] Periodic statements relief for AQUA quoted and listed managed investment scheme manager Class Order [CO 13/1406] Land holding for primary production schemes Class Order [CO 13/1409] Holding assets: Standards for responsible entities Class Order [CO 13/1410] Holding assets: Standards for providers of custodial and depository services Class Order [CO 13/1621] Exemption and declaration for the operation of mFund	1/10/2023			Consultation paper		Investment managers
Remake class orders relating to relief for managed investment schemes that are listed or quoted, primary production schemes and custody standards, which sunset on 1 April 2024	1/1/2024			Remade legislative instruments		Investment managers
Update Regulatory Guide 133 Funds management and custodial services: Holding assets (RG 133) following remaking of legislative instruments related to custodial standards	1/1/2024			Updated regulatory guide		Investment managers
Consult on the outstanding matters relating to the ASIC Derivatives Transaction Rules (Reporting) 2022 that were not updated in December 2022	1/7/2023			Consultation paper		Market intermediaries and infrastructure
Remake the ASIC Derivative Trade Repository Rules 2013 in substantially the same form, following the publication of Consultation Paper 370 Proposed remake of the ASIC Derivative Trade Repository Rules 2013 (CP 370)	1/7/2023			Remade legislative instrument		Market intermediaries and infrastructure
Remake the ASIC Regulated Foreign Markets Determination [OTC DET 13/1145], which sunsets on 1 October 2023	1/7/2023			Remade legislative instrument		Market intermediaries and infrastructure
Publish a report that summarises our key observations on how issuers of retail over-the-counter (OTC) derivatives are meeting the design and distribution obligations and highlights areas for improvement	1/7/2023			Report		Market intermediaries and infrastructure
Update the ASIC Derivative Transaction Rules (Clearing) 2015, after considering the feedback received on Consultation Paper 366 Proposed amendments to the ASIC Derivative Transaction Rules (Clearing) 2015: Second consultation (CP 366)	1/10/2023			Updated rules		Market intermediaries and infrastructure
Update Regulatory Guide 249 Derivative trade repositories (RG 249), following the remaking of the ASIC Derivative Trade Repository Rules 2013	1/10/2023			Updated regulatory guide		Market intermediaries and infrastructure
Consult on the ASIC Market Integrity Rules (Futures Markets) 2017, with proposals to include rules on automated order processing and amend Rule 2.2.1 relating to aggregate loss limits	1/10/2023			Consultation paper		Market intermediaries and infrastructure
Update Regulatory Guide 251 Derivative transaction reporting (RG 251) to reflect the remade ASIC Derivative Transaction Rules (Reporting) 2022, which come into force in October 2024	1/1/2024			Updated regulatory guide		Market intermediaries and infrastructure
Consult on proposed changes to Regulatory Guide 258 Registered liquidators: Registration, disciplinary actions and insurance requirements (RG 258), particularly regarding initial registration and ongoing obligations	1/7/2023			Consultation paper		Registered liquidators
Consult on proposed changes to Regulatory Guide 217 Duty to prevent insolvent trading: Guide for directors (RG 217), which respond to recommendations in the Review of the insolvent trading safe harbour	1/7/2023			Consultation paper		Registered liquidators
Consult on proposed changes to Regulatory Guide 16 External administrators – Reporting and lodging (RG 16)	1/10/2023			Consultation paper		Registered liquidators
Consult on proposed changes to Regulatory Guide 242 ASIC’s power to wind up abandoned companies (RG 242) to include winding up on public interest grounds	1/10/2023			Consultation paper		Registered liquidators
Consult on new regulatory guide about ASIC’s power to appoint reviewing liquidators	1/1/2024			Consultation paper		Registered liquidators
Update RG 217 after considering feedback received through consultation	1/1/2024			Updated regulatory guide		Registered liquidators
Update RG 16 after considering feedback received through consultation	1/1/2024			Updated regulatory guide		Registered liquidators
Consult on a new regulatory guide about requesting eligible applicant authorisation	1/1/2024			Consultation paper		Registered liquidators
Update RG 258 after considering feedback received through consultation	1/1/2024			Updated regulatory guide		Registered liquidators
Update RG 242 after considering feedback received through consultation	1/1/2024			Updated regulatory guide		Registered liquidators
Publish a new regulatory guide about ASIC’s power to appoint reviewing liquidators	1/1/2024			Regulatory Guide		Registered liquidators
Publish a new regulatory guide about requesting eligible applicant authorisation	1/1/2024			Regulatory Guide		Registered liquidators
Remake Class Order [CO 14/541] RSE licensee s29QC SIS Act disclosure exemption, which provides relief from compliance with s29QC(1) of the SIS Act and sunsets on 1 January 2024	1/10/2023			Remade legislative instrument		Superannuation

Note: Subject to the passage of legislation, ASIC will provide guidance on:

the implementation of the Financial Accountability Regime, which will be administered jointly with the Australian Prudential Regulation Authority
the reference checking and information sharing protocol for financial advisers and mortgage brokers (by updating Information Sheet 257 ASIC reference checking and information sharing protocol (INFO 257)).