Regulatory tracker 2023

The tracker lists and includes links to all new and updated regulatory guides, information sheets, reports, consultation papers, legislative instruments and other documents that have regulatory effect (e.g. ASIC's annual reports), were issued by ASIC, and published on our website.

Items in this weekly tracker are listed in reverse chronological order and can be refined using the filter options below.

Release date Date comment Title Description Media release and related documents AGLS Type AGLS Subject
22/9/2023  

ASIC Corporations (Financial Reporting by Stapled Entities) Instrument 2023/673

ASIC Corporations (Repeal) Instrument 2023/674

Allows stapled entities which are disclosing entities to present combined financial statements or consolidated financial statements of the stapled group where they have prepared combined financial statements or consolidated financial statements for a previous reporting period, notwithstanding that the entities may not meet the requirement to prepare consolidated financial statements under Accounting Standard AASB 10 Consolidated Financial Statements. The instrument also allows the stapled entities relief to continue to present their respective financial statements together in a single financial report.

Replaces [SCO 13/1050] Financial reporting by stapled entities which was due to sunset on 1 October 2023.

  LI FR
22/9/2023  

ASIC Credit (Amendment) Instrument 2023/675

Amends the ASIC Credit (Electronic Precontractual Disclosure) Instrument 2020/835 to extend its operation for a further 12 months pending incorporation of its relief into the primary law through the Treasury Laws Amendment (2023 Law Improvement Package No. 1) Bill 2023.

  LI CREDIT
21/9/2023  

REP 772 Licensing and professional registration activities: 2023 update

Outlines ASIC’s licensing and professional registration activities, discusses new and proposed changes to processes, and notes other ASIC work that affects licensees. It also provides information and data on licensing and registration applications from the 2022–23 financial year.

Licensing and professional registration activities - 2023 update (23-257MR) REP FS,CREDIT
20/9/2023  

ASIC Derivative Transaction Rules (Clearing) Amendment Instrument 2023/726

REP 771 Response to submissions on CP 366 Proposed amendments to the ASIC Derivative Transaction Rules (Clearing) 2015: Second consultation

Instrument 2023/726 amends the ASIC Derivative Transaction Rules (Clearing) 2015 to remove products that reference the US dollar London Interbank Offered Rate and to add a new item in the Overnight Index Swaps class. It also removes Australian dollar denominated contracts from the Forward Rate Agreement class.

REP 771 highlights the key issues that arose out of the submissions received on Consultation Paper 366 Proposed amendments to the ASIC Derivative Transaction Rules (Clearing) 2015: Second consultation (CP 366) and details our responses to those issues.

  LI,REP FM
18/9/2023  

ASIC Corporations (Amendment) Instrument 2023/730

Amends the ASIC Corporations (Registration of Relevant Providers) Instrument 2023/490 to extend the date by which relevant providers – financial advisers who provide personal advice to retail clients on relevant financial products (including time share advisers) – must be registered. Relevant providers will now need to be registered by 1 February 2024.

ASIC extends date for financial adviser registration requirement (news item) LI FS
15/9/2023  

ASIC Corporations (Discretions for Setting the Issue Price and Withdrawal Price of Interests in Managed Investment Schemes) Instrument 2023/693

ASIC Corporations (Amendment and Repeal) Instrument 2023/694

ASIC Corporations (Equality of Treatment Impacting on the Acquisition of Scheme Interests and CCIV Shares) Instrument 2023/697

ASIC Corporations (Repeal) Instrument 2023/698

Three remade class orders relating to:

  • equal treatment relief granted to responsible entities of registered managed investment schemes and corporate directors of retail corporate collective investment vehicles (CCIVs) in various situations
  • relief in relation to responsible entities setting the issue price of forfeited interests in registered schemes, and
  • unit pricing discretions for registered schemes.

The remade instruments replace existing relief that was due to sunset.

Repealed:

Amended:

  • ASIC Corporations (Managed investment product consideration) Instrument 2015/847
  • ASIC Corporations (Definition of Approved Foreign Market) Instrument 2017/669
ASIC remakes three ‘sunsetting’ class orders for managed funds (23-254MR) LI MIS
14/9/2023  

CP 372 Guidance on insolvent trading safe harbour provisions: Update to RG 217

Sets out ASIC's proposals to update its guidance in Regulatory Guide 217 Duty to prevent insolvent
trading: Guide for directors (RG 217) to help directors understand and comply with their duty to prevent insolvent trading, including guidance on the operation of the safe harbour provisions.

ASIC consults on insolvent trading guidance (23-253MR) CP COMP,INSOLV,AUDIT
7/9/2023  

RG 166 AFS licensing: Financial requirements (reissued)

REP 769 Response to submissions on CP 367 Remaking ASIC class orders on financial requirements

ASIC Corporations (Financial Requirements for Responsible Entities, IDPS Operators and Corporate Directors of Retail CCIVs) Instrument 2023/647

ASIC Corporations (Financial Requirements for Custodial or Depository Service Providers) Instrument 2023/648

ASIC Corporations (Amendment and Repeal) Instrument 2023/649

ASIC Corporations (Investor Directed Portfolio Services Provided Through a Registered Managed Investment Scheme) Instrument 2023/668

ASIC Corporations (Investor Directed Portfolio Services) Instrument 2023/669

ASIC Corporations (Amendment and Repeal) Instrument 2023/670

Four remade legislative instruments and updated guidance regarding the financial resource requirements that apply to some categories of Australian financial services licensees and platforms. The remade instruments replace existing relief that was due to sunset.

Repealed:

  • [SCO 13/760] Financial requirements for responsible entities and operators of investor directed portfolio services
  • [SCO 13/761] Financial requirements for custodial or depository service providers
  • [SCO 13/762] Investor directed portfolio services provided through a registered managed investment scheme
  • [SCO 13/763] Investor directed portfolio services
  • ASIC Corporations (Financial Requirements for Corporate Directors of Retail Corporate Collective Investment Vehicles) Instrument 2022/449

Amended: 

  • ASIC Corporations (IDPS—Relevant Interests) Instrument 2015/1067
  • ASIC Corporations (Managed Discretionary Account Services) Instrument 2016/968
  • ASIC Corporations (Nominee and Custody Services) Instrument 2016/1156
  • ASIC Corporations (Financial Requirements for CSF Intermediaries) Instrument 2017/339
  • ASIC Corporations (Definition of Approved Foreign Market) Instrument 2017/669
  • ASIC Corporations (Wholesale Equity Scheme Trustees) Instrument 2017/849
  • ASIC (Fees—Complexity Criteria) Instrument 2018/578
  • ASIC Corporations (Share and Interest Purchase Plans) Instrument 2019/547
  • ASIC Corporations (Foreign Financial Services Providers—Foreign AFS Licensees) Instrument 2020/198
  • ASIC Corporations (Hardship Withdrawals Relief) Instrument 2020/778
  • ASIC Corporations (Shorter PDS and Delivery of Accessible Financial Products Disclosure by Platform Operators and Superannuation Trustees) Instrument 2022/497
  • ASIC Corporations (Financial Requirements for Issuers of Retail OTC Derivatives) Instrument 2022/705
ASIC issues new legislative instruments for financial resource requirements and platforms (23-247MR) RG,REP,LI MIS,FS
6/9/2023  

REP 770 Design and distribution obligations: Retail OTC derivatives 

RG 227 Over-the-counter contracts for difference: Improving disclosure for retail investors (Note added only)

Outlines how issuers of retail OTC derivatives have responded to the introduction of design and distribution obligations (DDO) and highlights areas for improvement.

ASIC takes aim at the distribution of OTC derivatives and other high-risk products to retail clients (23-243MR) REP,RG FM
6/9/2023  

ASIC Market Integrity Rules (Securities Markets) Determination 2023/707

ASIC Market Integrity Rules (Securities Markets) Repeal Instrument 2023/708

Maintains ASIC's policy of determining the allocation of Equity Market Products to tiers.

Replaces ASIC Market Integrity Rules (Securities Markets) Determination 2023/450 (repealed 6 October 2023).

  DET,LI FM
6/9/2023  

ASIC Corporations (Amendment) Instrument 2023/706

Amends ASIC Corporations (Design and Distribution Obligations Interim Measures) Instrument 2021/784 so that it repeals on 5 October 2028 and no longer applies an exemption to cashless welfare arrangements.

  LI FS
31/8/2023  

ASIC Corporations (Amendment) Instrument 2023/504

Introduces conditional time-limited exemptive relief in new section 13B (Exemption 11) of the ASIC Corporations (Derivative Transaction Reporting Exemption) Instrument 2015/844. Broadly, Exemption 11 exempts reporting entities from reporting certain items of derivative trade data under the ASIC Derivative Transaction Rules (Reporting) 2022 that will not be required to be reported from the commencement of the ASIC Derivative Transaction Rules (Reporting) 2024.

  LI FM
30/8/2023  

ASIC-RBA joint letter to ASX Clear and ASX Settlement CS Advisory Group (PDF 91 KB) 

Requires ASX Clear and ASX Settlement to resource, consult and engage with the newly established ASX Cash Equities Clearing and Settlement Advisory Group in good faith and in the public interest.

ASIC – RBA issue joint letter of expectations to ASX (23-236MR) OTH FM
29/8/2023  

ASIC Regulated Foreign Markets Determination 2023/346

ASIC Derivative Transaction Rules (Reporting) Determination 2023/679

Determines the financial markets that are Regulated Foreign Markets for the purposes of subrule 1.2.4(3) of the ASIC Derivative Transaction Rules (Reporting) 2022 and the ASIC Derivative Transaction Rules (Reporting) 2024 and other rules relating to derivative transaction reporting.

  DET FM
28/8/2023  

ASIC Corporate Plan 2023-27 (Focus 2023-24)

Outlines ASIC's strategic priorities for the next four years and its plan of action for the year ahead.

ASIC focuses on protecting vulnerable consumers and small businesses in 23-24 (23-230MR)

OTH FS,FM,COMP,CREDIT,MIS,DEAL
16/8/2023  

REP 768 Navigating the storm: ASIC's review of home insurance claims

Outlines ASIC’s work to better understand the consumer experience in home insurance claims since 1 January 2022, when claims handling and settling became a regulated financial service.

ASIC review finds insurers can and should improve claims handling (23-221MR)

REP FS
10/8/2023  

CP 371 Product intervention orders: Short term credit facilities and continuing credit contracts

Sets out ASIC’s proposals to extend the product intervention orders relating to short term credit facilities and continuing credit contracts which came into effect on Friday 15 July 2022, so that they remain in force until they are revoked or sunset. 

ASIC consults on proposals to extend its short term credit and continuing credit contracts product intervention orders (23-214MR)

CP CREDIT
8/8/2023  

ASIC Corporations (Amendment) Instrument 2023/588

Extends for a further 12 months the transitional relief for foreign financial services providers (FFSPs) from the requirement to hold an Australian financial services (AFS) licence when providing financial services to Australian wholesale clients.

Amended:

  • ASIC Corporations (Repeal and Transitional) Instrument 2016/396
  • ASIC Corporations (CSSF-Regulated Financial Services Providers) Instrument 2016/1109
  • ASIC Corporations (Foreign Financial Services Providers—Limited Connection) Instrument 2017/182
  • ASIC Corporations (Foreign Financial Services Providers—Funds Management Financial Services) Instrument 2020/199

ASIC extends transitional relief for foreign financial services providers (23-211MR)

LI FS
2/8/2023  

REP 767 ASIC enforcement and regulatory update: April to June 2023

Provides an overview of ASIC’s work and key matters between 1 April and 30 June 2023, delivering against ASIC's strategic and enforcement priorities.

ASIC warns of further action against market misconduct (23-202MR)

Summary of enforcement outcomes: 1 January 2023 to 30 June 2023

REP FS,FM,COMP,CREDIT,MIS
2/8/2023  

INFO 151 ASIC’s approach to enforcement (reissued)

Technical amendments relating to how ASIC interacts with those whose conduct we are investigating.

  INFO DEAL
31/7/2023  

RG 26 Resignation, removal and replacement of auditors (updated)

RG 81 External administration: Early destruction of books (reissued)

RG 129 Business introduction or matching services (updated)

INFO 29 External administration, controller appointments and schemes of arrangement: Most commonly lodged forms (reissued)

INFO 30 Fees for commonly lodged documents (reissued)

INFO 62 Removal of an auditor of a company (reissued)

INFO 65 Resignation of an auditor of a public company (reissued)

Technical updates to reflect new transactions that can be submitted via the ASIC Regulatory Portal.

New transactions available in the ASIC Regulatory Portal (news item) RG,INFO DEAL,INSOLV,AUDIT,FM
20/7/2023  

RG 175 Licensing: Financial product advisers—Conduct and disclosure (updated)

Information relating to to the provision of tax (financial) advice services updated at RG 175.389-RG 175.395.

  RG FS
18/7/2023  

Letter to Insurance Council of Australia (PDF 260 KB)

Letter to Council of Australian Life Insurers (PDF 260 KB)

Letter to Financial Services Council (PDF 260 KB)

Outlines ASIC’s findings from its review of over 100 Target Market Determinations (TMDs) for general and life insurance products, and how insurers could make improvements to their TMDs.

ASIC review of insurance target market determinations (news item)

ASIC issues first stop order for a life insurance product (23-192MR)

OTH FS
18/7/2023  

REP 766 Implementation of the retirement income covenant: Findings from the APRA and ASIC thematic review

Sets out the findings of a recent thematic review of the implementation of the retirement income covenant by a sample of Registrable Superannuation Entity (RSE) licensees undertaken jointly by the Australian Prudential Regulation Authority (APRA) and ASIC.

Review finds super trustees need to improve retirement outcomes planning (23-191MR) REP SUPER
5/7/2023  

RG 73 Continuous disclosure obligations: Infringement notices (updated)

Information on maximum pecuniary penalties in RG 73.32(a) updated.

  RG FS
30/6/2023  

ASIC (Amendment) Instrument 2023/0558

Amends ASIC (Senior Staff Members—Determination) Instrument 2019/117 to amend the definition of ‘senior staff members’ to reflect an organisational restructure at ASIC.

  LI FS,FM
30/6/2023  

INFO 9 ASIC decisions: Your rights (reissued)

INFO 107 Guidelines for managing complaints about ASIC officers (reissued)

INFO 153 How ASIC deals with reports of misconduct (reissued)

INFO 207 Disputes about commercial loans (reissued)

INFO 238 Whistleblower rights and protections (reissued)

INFO 239 How ASIC handles whistleblower reports (reissued)

Reissued to explain how new automated responses will provide a more consistent and transparent experience for members of the public making reports of misconduct, while enabling ASIC to focus its resources on matters of greatest public interest.

Minor technical updates have also been made to INFO 45, INFO 46, INFO 54, INFO 55, INFO 74, INFO 75, INFO 84, INFO 85, INFO 151 and INFO 152 to reflect these changes.

  INFO DEAL,INSOLV,CREDIT
29/6/2023  

ASIC Corporations and Superannuation (Amendment) Instrument 2023/512

INFO 256 FAQs: Ongoing fee arrangements (updated)

INFO 280 FAQs: Non-ongoing fee consents (new)

ASIC Instrument 2023/512 modifies the operation of ASIC Corporations (Consent to Deductions—Ongoing Fee Arrangements) Instrument 2021/124 and ASIC Superannuation (Consent to Pass on Costs of Providing Advice) Instrument 2021/126 to clarify the requirements for giving consent to ongoing and non-ongoing fee arrangements.

INFO 256: Updated with some minor and technical amendments related to change in client name or change of fee recipient flowing from ASIC Corporations and Superannuation (Amendment) Instrument 2023/512.

INFO 280: Answers frequently asked questions for financial product advice providers who need to get a superannuation fund member’s consent to charge non-ongoing fees to their superannuation account. Also addresses some minor and technical amendments related to change in member name or change of adviser flowing from ASIC Corporations and Superannuation (Amendment) Instrument 2023/512. Replaces and updates the web page on ‘FAQs: Non-ongoing fee consents’ that was previously published on ASIC’s website.

  LI,INFO FS,SUPER
29/6/2023  

ASIC (Amendment) Instrument 2023/0470

Amends the ASIC (Senior Staff Members—Determination) Instrument 2019/117 to amend the definition of ‘senior staff members’ to reflect an organisational restructure at ASIC.

  LI FS,FM
28/6/2023  

2022-23 Cost Recovery Implementation Statement

Details ASIC’s estimated levies by industry sector and subsector for 2022-23 as required under the industry funding model.

Industry funding: 2022-23 Cost Recovery Implementation Statement (23-173MR) OTH DEAL
23/6/2023  

REP 765 When the price is not right: Making good on insurance pricing promises

Explains how failures by general insurers to manage non-financial risk have led to significant consumer harm. It also flags significant conduct issues being addressed by ASIC. The report outlines pricing failures identified by general insurers after an ASIC-initiated review of their pricing practices, and the improvements required to fix them. It confirms the standards general insurers need to meet in designing and promoting pricing promises to ensure consumers get the full benefit of any discounts promised.

General insurers to repay consumers $815 million for broken pricing promises (23-169MR) REP FS
19/6/2023  

ASIC Corporations (Registration of Relevant Providers) Instrument 2023/490

Delays the requirement for relevant providers to be registered with ASIC as a precondition for providing personal advice to retail clients until 1 October 2023.

  LI FS
15/6/2023  

CP 370 Proposed remake of the ASIC Derivative Trade Repository Rules 2013

Sets out ASIC's proposals to remake the ASIC Derivative Trade Repository Rules 2013, in substantially the same form, under s903A of the Corporations Act.

  CP FM
9/6/2023  

ASIC Corporations (Confirming Transactions—Deceased Life Insurance Policyholder) Instrument 2023/437

ASIC Corporations (Confirming Transactions—Recurring Insurance Benefit Payments) 2023/438

Modifies the application of section 1017F of the Corporations Act to provide that confirmation of transactions is not required to be given to the life insurance policyholder if the policyholder is deceased.

Exempts certain responsible persons from having to comply with subsection 1017F(5) of the Corporations Act for a transaction that is a payment under a recurring benefit claim.

ASIC grants relief to insurers from certain transaction confirmation requirements (23-159MR) LI FS
8/6/2023  

INFO 80 How to interpret ASIC's corporate insolvency statistics (reissued)

Updated to account for the introduction of new statistical Series 5 - Members voluntary liquidation (winding up of solvent companies).

  INFO INSOLV
8/6/2023  

ASIC Market Integrity Rules (Securities Markets) Determination 2023/450

ASIC Market Integrity Rules (Securities Markets) Repeal Instrument 2023/451

Maintains ASIC's policy of determining the allocation of Equity Market Products to Tier 1 and Tier 2, commencing 10 July 2023.

Replaces ASIC Market Integrity Rules (Securities Markets) Determination 2023/157 (repealed 10 July 2023).

  DET,LI FM
25/5/2023  

ASIC Corporations (Amendment) Instrument 2023/368

Amends the Corporations (CS Facility Exemption) Instrument 2023/18 to extend its operation until 1 August 2023.

  LI FM
10/5/2023  

ASIC Corporations (CG HoldCo Pty Ltd Employee Share Scheme Disclosure) Instrument 2023/354

Notionally modifies s1100X of the Corporations Act to permit a new holding company, CG HoldCo Pty Ltd, to provide a subsidiary's balance sheet and P&L for the most recent financial year together with pro-forma information that explains the effect of CG HoldCo Pty Ltd's acquisition of the subsidiary.

  NI COMP,TAKEOVERS,FUND
18/5/2023  

INFO 279 Serving legal documents on ASIC (new)

Explains how to serve legal documents on ASIC providing guidance on how to serve legal documents electronically, what to do if you can’t serve documents electronically and what kinds of documents should not be served electronically.

Replaces RG 18 Serving legal documents on the ASC which has been withdrawn.

  INFO DEAL
11/5/2023  

REP 764 ASIC enforcement and regulatory update: January to March 2023

Provides an overview of ASIC’s work and key matters between 1 January and 31 March 2023.

ASIC sharpens focus on credit and debt management (23-122MR)

REP FS,FM,COMP,CREDIT,MIS
10/5/2023  

REP 763 ASIC’s recent greenwashing interventions

Outlines ASIC regulatory interventions made between 1 July 2022 and 31 March 2023 in relation to greenwashing concerns.

Update on ASIC’s recent greenwashing actions (23-121MR)

ASIC and greenwashing antidotes (speech)

REP COMP,SUPER,MIS
5/5/2023  

IDR data reporting handbook (PDF 1.4 MB - reissued)

ASIC Corporations (Amendment) Instrument 2023/282

Updates the implementation timeframe for the new internal dispute resolution (IDR) reporting framework.

Amended: ASIC Corporations (Internal Dispute Resolution Data Reporting) Instrument 2022/205

ASIC updates the implementation timeframe for the internal dispute resolution data reporting framework (23-117MR)

IDR data reporting handbook: Overview of changes between March 2022 and April 2023 (PDF 336 KB)

OTH,LI FS,CREDIT,SUPER
5/5/2023   INFO 42 Insolvency for directors (reissued)

Updates to ensure currency.

  INFO COMP,INSOLV
3/5/2023   REP 762 Design and distribution obligations: Investment products

Summarises ASIC's key observations from an initial, risk-based review on how issuers of investment products are meeting their design and distribution obligations (DDOs) and highlights areas for improvement.

ASIC calls on investment product issuers to ‘lift their game’ on design and distribution obligations (23-115MR)

REP FS,FM
27/4/2023   RG 78 Breach reporting by AFS licensees and credit licensees (reissued)

Updated to clarify existing guidance and provide new guidance in response to operational issues that have arisen since the implementation of the reportable situations regime on 1 October 2021 (formerly breach reporting).

ASIC releases updated guidance for licensees on reportable situations (23-106MR)

RG FS,CREDIT
20/4/2023   REP 761 Scam prevention, detection and response by the four major banks

Provides an analysis of ASIC's review of the current scam related activities of the four major Australian banks.

ASIC calls for improved approaches to scams as major bank customers report over $550 million in scam losses (23-101MR)

 

REP FS,CREDIT
20/4/2023   ASIC Corporations (Amendment and Repeal) Instrument 2023/36

Amends ASIC exemption instruments to refer to the 2022 Transaction Reporting Rules (TRRs), extends time-limited exemptive relief, broadens the jurisdictional scope of exemptive relief for reporting of trade identifiers and repeals exemptive relief that has either expired or will be included in the 2024 TRRs.

Amended:

Repealed:

  • Instrument [14/0234]
  • Instrument [14/0633]
  • ASIC Derivative Transaction Rules (ADI Foreign Subsidiaries) Class Exemption 2021/51 (21/10/2024)
  • ASIC Corporations (Derivative Transaction Reporting Exemption) Instrument 2016/0688 (21/10/2024)
  LI FM
19/4/2023   ASIC Superannuation (Repeal) Instrument 2023/222

Repeals ASIC Class Order [CO 12/1687] Competency standards for approved SMSF auditors.

  LI AUDIT,SUPER
18/4/2023   ASIC Corporations and Credit (Repeal) Instrument 2023/131

Repeals three legislative instruments because the relief has been incorporated into the Corporations Regulations 2001:

Repealed:

  • ASIC Corporations (Financial Counselling Agencies) Instrument 2017/792
  • ASIC Credit (Financial Counselling Agencies) Instrument 2017/793
  • ASIC Corporations (Commonwealth Financial Counselling—Financial Capability Services) Instrument 2022/221
  LI FS
17/4/2023   INFO 268 FAQs: Relevant providers who provide tax (financial) advice services (reissued)

Technical amendments to include guidance about 'provisional relevant providers'.

  INFO FS
13/4/2023   ASIC Corporations (Superannuation Payment Facility) Instrument 2023/271

Provides an exemption from the design and distribution obligations (DDOs) in Part 7.8A of the Corporations Act for a non-cash payment facility issued as part of the Australian Central Bank Digital Currency Pilot Project.

  NI FS,SUPER
11/4/2023   INFO 278 Inventory of superannuation trustee transparency and disclosure obligations (new)

Consolidates superannuation trustee transparency and disclosure obligations into one webpage with links.

ASIC releases Information Sheet 278: Inventory of superannuation trustee transparency and disclosure obligations (news item) INFO FS,SUPER
30/3/2023   INFO 275 Infringement notices: Your rights (new)

Guidance reissued to refer to all legislation that enables ASIC to issue Infringement Notices, to explain more about the circumstances in which ASIC is more likely to issue Infringement Notices and otherwise align with other ASIC guidance such as INFO 151 ASIC’s approach to enforcement.

Replaces INFO 128 Credit infringement notices: Your rights and INFO 139 ASIC Act infringement notices: Your rights which have been withdrawn.

  INFO DEAL
29/3/2023   RG 22 Directors’ solvency declaration (reissued)

Updates to outdated references in guidance on directors' solvency statements.

  RG COMP,INSOLV
28/3/2023   CP 369 Remaking ASIC class orders on platforms: [CO 13/762] and [CO 13/763]

Seeks feedback from the investment management sector on ASIC's proposals to remake, without significant changes, the following ASIC class orders, which are due to expire on 1 October 2023:

  • [CO 13/762] Investor directed portfolio services provided through a registered managed investment scheme
  • [CO 13/763] Investor directed portfolio services.

ASIC consults on remaking ‘sunsetting’ class orders on IDPS and IDPS-like schemes (23-082MR)

CP MIS,FS
22/3/2023   REP 760 Insurance in superannuation: Industry progress on delivering better outcomes for members

Examines progress by superannuation trustees to improve their arrangements for life insurance in superannuation.

Superannuation trustees urged to improve insurance outcomes for members (22-076MR)

REP SUPER
21/3/2023  

REP 759 Response to submissions on CP 364 Modifications to the ESS regime

ASIC Corporations (Amendment) Instrument 2023/160

Highlights the key issues that arose out of the submissions received on Consultation Paper 364 Modifications to the ESS regime (CP 364) and explains ASIC’s response to those issues.

Amended:

  • ASIC Class Order [CO 13/761] Financial requirements for custodial or depository service providers
  • ASIC Corporations (Financial Requirements for CSF Intermediaries) Instrument 2017/339 
  • ASIC Corporations (Definition of Approved Foreign Market) Instrument 2017/669
  REP,LI FUND
21/3/2023  

CP 368 Remaking ASIC class orders: [CO 13/519] and [CO 13/656] 

Seeks feedback from responsible entities of managed investment schemes and corporate directors of corporate collective investment vehicles (CCIVs) on proposals to remake the following ‘sunsetting’ ASIC class orders: 

  • [CO 13/519] Changing the responsible entity
  • [CO 13/656] Equality of treatment impacting on the acquisition of interests
ASIC consults on ‘sunsetting’ class orders on changing responsible entities and equal treatment (23-072MR) CP MIS
20/3/2023  

ASIC Corporations (Relevant interests, ASIC and ASIC Chairperson) Instrument 2023/194

ASIC Corporations (Repeal) Instrument 2023/195

Limits the circumstances in which ASIC will have a relevant interest in securities to circumstances where the securities are vested in, or held by, ASIC or the Commonwealth.

Repealed: ASIC Class Order [CO 12/1209] Relevant interests, ASIC and ASIC Chairperson

  LI DEAL
17/3/2023  

ASIC Corporations (Design and Distribution Obligations—Reissued Life Policies Class Exemption) Instrument 2023/183

Provides relief from the Design and Distribution Obligations (DDOs) for reissued life policies in situations where they were not intended to apply, correct administrative errors or reinstate policies that have lapsed for non-payment of premiums

ASIC grants conditional relief to facilitate reissue of certain life insurance policies (23-070MR) LI FS
16/3/2023  

INFO 29 External administration, controller appointments and schemes of arrangement: Most commonly lodged forms (reissued)

Minor technical updates to Flowcharts 1, 3, 8, 9-11 and 15 to ensure currency. 

  INFO INSOLV,FS
7/3/2023  

ASIC Market Integrity Rules (Securities Markets) Determination 2023/157

ASIC Market Integrity Rules (Securities Markets) Repeal Instrument 2023/158

Maintains ASIC's policy of determining the allocation of Equity Market Products to tiers, commencing 11 April 2023.

Replaces ASIC Market Integrity Rules (Securities Markets) Determination 2022/994 (repealed 11 April 2023).

  DET,LI FM
3/3/2023  

CP 367 Remaking ASIC class orders on financial requirements: [CO 13/760], [CO 13/761] and ASIC Instrument 2022/449

Sets out ASIC’s proposals to remake the following ASIC legislative instruments on financial resource requirements for some categories of Australian financial services licensees which are due expire (‘sunset’) if not remade:

  • [CO 13/760] Financial requirements for responsible entities and operators of investor directed portfolio services 
  • [CO 13/761] Financial requirements for custodial or depository service providers
  • ASIC Corporations (Financial Requirements for Corporate Directors of Retail Corporate Collective Investment Vehicles) Instrument 2022/449
ASIC consults on ‘sunsetting’ class orders about financial requirements (23-048MR) CP FS,MIS,COMP
2/3/2023  

REP 758 Good practices for handling whistleblower disclosures

Sets out the good practices ASIC observed from its review of seven entities’ whistleblower programs from a cross-section of industries. ASIC publishes report on good practices for handling whistleblower disclosures (23-046MR) REP FS,COMP
1/3/2023  

ASIC Stapling Relief (Stara Venu CCIV) Instrument 2023/124

Modifies the provisions in Part 8B.3 of the Corporations Act in relation to the Stara Venu CCIV so that the corporate director and officers of the corporate collective investment vehicle (CCIV) may have regard to whether the shares in any of the sub-funds are stapled securities.   NI MIS
1/3/2023  

INFO 155 Complying with requirements for superannuation products, simple managed investment schemes and simple sub-fund products (reissued)

Minor updates to reference recently made legislative instruments to facilitate the implementation of the corporate collective investment vehicles (CCIVs) regime in Australia.   INFO SUPER,MIS
23/2/2023  

Corporations (CS Facility Exemption) Instrument 2023/18

Exempts use case platforms in the Australian Central Bank Digital Currency Pilot Project involving the operation of a clearing and settlement facility from the requirement to hold an Australian CS facility licence, subject to conditions.   LI FM
21/2/2023  

Notices to ASX Licensees under sections 794B and 823B of the Corporations Act (PDF)

Requires the ASX Licensees to produce two special reports to assist ASIC in its assessment of whether any further regulatory action is required in relation to CHESS Replacement and any other programs ASX undertakes. 

Further ASIC regulatory response on CHESS Replacement and ASX’s program capabilities (23-035MR)

OTH FM
15/2/2023  

REP 757 ASIC enforcement and regulatory update: October to December 2022

Provides an overview of ASIC’s work and key matters between 1 October and 31 December 2022.

ASIC to expand enforcement focus areas in the coming year (23-026MR)

Summary of enforcement outcomes: July to December 2022

REP FS,FM,COMP,CREDIT,MIS
15/2/2023  

CP 366 Proposed amendments to the ASIC Derivative Transaction Rules (Clearing) 2015: Second consultation

Sets out our proposals to modify the contract types that are subject to the ASIC Derivative Transaction Rules (Clearing) 2015 made under s901A of the Corporations Act.   CP FM
14/2/2023  

ASIC’s Indigenous Financial Services Framework

Outlines how ASIC will use key learnings we have developed through extensive consultations with a range of stakeholders on First Nations peoples’ access to, and engagement with, the financial system to inform our work and priorities relating to First Nations consumers. ASIC publishes Framework to help deliver positive financial outcomes for First Nations people (23-024MR) OTH FS
2/2/2023  

RG 249 Derivative trade repositories (reissued)

RG 251 Derivative transaction reporting (reissued)

Updated to reference the recently made ASIC Derivative Transaction Rules (Reporting) 2022 and make minor technical and typographical amendments.   RG FM
30/1/2023

Issued 25/1/2023

Registered 30/1/2023

Effective 31/1/2023 (day after registration)

ASIC Corporations (Amendment) Instrument 2023/24

Amends ASIC Corporations (Short Selling) Instrument 2018/745 to correct a misdescribed amendment made by ASIC Corporations (Short Selling) Amendment Instrument 2022/968.   LI FM
17/1/2023   REP 756 Review of small business restructuring process Outlines the findings from our review of small business restructuring practitioner appointments from 1 January 2021 to 30 June 2022. It also sets out our observations on ASIC form lodgements by restructuring practitioners ASIC reports on small business restructuring (23-007MR) REP INSOLV,COMP
16/1/2023   ASIC Corporations (Amendment) Instrument 2023/2 Extends the class relief in the ASIC Corporations (NZD Denominated Client Money) Instrument 2018/152 to allow Australian Securities Exchange Limited market participants to hold client money relating to New Zealand dollar denominated over-the-counter derivatives that are cleared or to be cleared by ASX Clear (Futures) Pty Limited in an account with any bank that is incorporated in New Zealand and which is prudentially regulated by the Reserve Bank of New Zealand.   LI FM
13/1/2023   INFO 80 How to interpret ASIC's corporate insolvency statistics (reissued) Updated to reflect changes to the Series 3 excel workbooks and explain how to interpret Series 3 data and the conditions and limitations of Series 3.   INFO INSOLV
11/1/2023   INFO 224 ASIC audit surveillances (reissued) Reissued to incorporate new terminology and updated components of ASIC's approach to surveillance findings and process.   INFO AUDIT,COMP
6/1/2023   INFO 268 FAQs: Relevant providers who provide tax (financial) advice services (reissued) Reissued to reflect new requirements for ‘qualified tax relevant providers’ (QTRPs) and changes to how QTRPs are recorded on ASIC's Financial Advisers Register (FAR) from 1 February 2023. FAR to display whether financial advisers can provide tax (financial) advice (news item) INFO FS
Last updated: 22/09/2023 06:46