½ñÈÕÈÈÃÅʼþ

Extends the exemption granted to superannuation trustees from disclosure and reporting consistency obligations under subsection 29QC(1) of the until 1 January 2026, replacing Class Order [].

RG 78 Breach reporting by AFS licensees and credit licensees (reissued)

INFO 229 Limited AFS licensees: Complying with your licensing obligations (updated)

INFO 259 Complying with the notify, investigate and remediate obligations (updated)

Updated to account for registration of the ½ñÈÕÈÈÃÅʼþCorporations and Credit (Amendment) Instrument which amended the ½ñÈÕÈÈÃÅʼþCorporations and Credit (Breach Reporting—Reportable Situations) Instrument to include new sections that modify the reportable situations regime so that licensees have not had to submit notifications about certain reportable situations from 20 October 2023.

INFO 277 Registration of relevant providers: Guidance on making declarations (updated)

Minor technical amendments made to Questions 5 and 7 related to self-declarations made as part of the experienced provider pathway.

SMSF auditor disqualification notices under section 130F(2) of the

½ñÈÕÈÈÃÅʼþindustry funding: Annual dashboard and summary of variances

Outlines regulatory costs by sector and subsector under the industry funding model.

The dashboard includes details about the variance between its estimated and actual costs by subsector.

Invoices for 2022-23 levies will be issued to entities between January and March 2024.

(PDF 205 KB)

Outlines ½ñÈÕÈÈÃÅʼþand APRA’s observations from a joint review of life companies’ past practices, following . The letter identifies regulatory expectations and areas for further industry focus in relation to future life insurance premium increases, disclosure and marketing materials, and product design.

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

Replaces ½ñÈÕÈÈÃÅʼþMarket Integrity Rules (Securities Markets) Determination (repealed 10 January 2024).

REP 778 Review of online trading providersÌý

Highlights ASIC’s observations from its surveillance of online trading providers in 2022-23, clarifies ASIC’s regulatory expectations and identifies a range of regulatory interventions ½ñÈÕÈÈÃÅʼþhas made.

½ñÈÕÈÈÃÅʼþand AFCA memorandum of understanding

Memorandum of Understanding (MoU) between ½ñÈÕÈÈÃÅʼþand the Australian Financial Complaints Authority (AFCA) for how ½ñÈÕÈÈÃÅʼþand AFCA engage and continue working together to support a fair and efficient financial services sector.

Makes minor technical amendments to ½ñÈÕÈÈÃÅʼþCorporations (Investor Directed Portfolio Services Provided Through a Registered Managed Investment Scheme) Instrument and ½ñÈÕÈÈÃÅʼþCorporations (Investor Directed Portfolio Services) Instrument .

Repeals ½ñÈÕÈÈÃÅʼþMarket Integrity Rules (Securities Markets) Class Waiver and ½ñÈÕÈÈÃÅʼþMarket Integrity Rules (Securities Markets) Class Waiver Instrument .

INFO 276 Registration for relevant providers (new)

INFO 277 Registration of relevant providers: Guidance on making declarations (new)

INFO 268 FAQs: Relevant providers who provide tax (financial) advice services (reissued)

Provides guidance to financial advisers and AFS licensees about the new requirement for financial advisers who provide personal advice to retail clients on relevant financial products to be registered with ½ñÈÕÈÈÃÅʼþfollowing the commencement of the .

CP 374 Remaking ½ñÈÕÈÈÃÅʼþclass order on exchange traded funds: [CO 13/721]

Sets out ASIC’s proposals to remake Class Order [] Relief to facilitate quotation of exchange traded funds on the AQUA Market, which is due toÌýexpire (‘sunset’) on 1 April 2024 if not remade.

CP 373 Proposed changes to the Banking Code of Practice

Seeks stakeholder views on proposed changes to the Australian Banking Association’s Banking Code of Practice in response to an of the Code in 2021.

CS 5 Extending parent entity financial reporting and auditor independence relief

Proposes extending the operation of two legislative instruments:

• ½ñÈÕÈÈÃÅʼþCorporations (Auditor Independence) Instrument and
• ½ñÈÕÈÈÃÅʼþCorporations (Parent Entity Financial Statements) Instrument ,

which are due to expire in April 2024, for a further five years.

Submissions close 8 December 2023.

A consultation paper was not issued for this consultation.

REP 777 ½ñÈÕÈÈÃÅʼþenforcement and regulatory update: July to September 2023

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

CP 361a Follow-on consultation on changes to data elements and other minor amendments

Sets out proposals to amend the made under s901A of the Corporations Act 2001 for certain data elements, consequential rule changes, and other minor changes. This consultation paper follows our first round of consultation in Consultation Paper 334 Proposed changes to simplify the ½ñÈÕÈÈÃÅʼþDerivative Transaction Rules (Reporting): First consultation (CP 334) and our second round of consultation in Consultation Paper 361 Proposed changes to simplify the ½ñÈÕÈÈÃÅʼþDerivative Transaction Rules (Reporting): Second consultation (CP 361).

REP 776 Spotlight on cyber: Findings and insights from the cyber pulse survey 2023

Outlines key findings from the ½ñÈÕÈÈÃÅʼþcyber pulse survey 2023. It summarises important trends, identifies areas for improvement and highlights better practices with practical examples.

SMSF auditor disqualification notice under section 130F(2) of the

INFO 105 FAQs: Dealing with consumers and credit (updated)

INFO 210 Unfair contract term protections for consumers (updated)

INFO 211 Unfair contract term protections for small businesses (updated)

RG 220 Early termination fees for residential loans: Unconscionable fees and unfair contract terms (reissued)

Updated guidance to reflect Unfair Contract Terms (UCT) reforms that commence on 9 November 2023.

INFO 268 FAQs: Relevant providers who provide tax (financial) advice services (reissued)

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

Updated to account for the commencement of the which now allows financial advisers who are registered tax agents to satisfy the definition of a ‘qualified tax relevant provider’ without having to meet the requirements of Division 3 of Part 3 of the .

Specifies:

• ASIC’s regulatory costs and their attribution to each industry sub-sector, and
• certain matters about size and composition of ASIC’s regulated population and of the metrics that apply to each industry sub-sector within that regulated population,

under ASIC's industry funding model for the 2022-23 financial year.

Amends notional subsection 641(1) in ½ñÈÕÈÈÃÅʼþCorporations (Takeover Bids) Instrument so that it is consistent with the and corrects a typographical error in section 9.

Modifies Division 1A of Part 7.12 of the Corporations Act to apply in relation to OVH Groupe SA and subsidiaries of OVH Groupe SA.

CS 4 Extending relief from disclosure and reporting consistency obligations for super trustees

Proposes extending the exemption in Class Order [] RSE licensee s29QC SIS Act disclosure exemption for a period of two years until 1 January 2026.

Submissions close 4 December 2023.

A consultation paper was not issued for this consultation.

INFO 224 ½ñÈÕÈÈÃÅʼþfinancial reporting and audit surveillances (reissued - changed title)

Reissued to incorporate information about the introduction of ASIC's integrated financial reporting and audit surveillance program.

REP 775 Insights from the reportable situations regime: July 2022 to June 2023

ASIC’s second publication of the information provided under the reportable situations regime. It provides high-level insights into the trends observed in reports lodged by licensees under the regime between 1 July 2022 and 30 June 2023.

INFO 278 Inventory of superannuation trustee transparency and disclosure obligations (reissued)

Technical updates to reflect changes to transparency and disclosure obligations brought about by the and the and include some transparency and disclosure obligations in APRA standards and guidance.

RG 134 Funds Management: Constitutions (reissued)

Technical update to reflect the release of the new legislative instruments that replace relief that was due to sunset.

SMSF auditor disqualification notice under section 130F(2) of the

(PDF 452 KB - updated)

Minor technical amendments as a result of the :

• reference to s5A of the ½ñÈÕÈÈÃÅʼþAct removed from the note at paragraph 12, and
• definition of ‘document’ in the key terms amended to incorporate all forms of recorded information.

Multilateral Memorandum of Understanding (MMoU) between ½ñÈÕÈÈÃÅʼþand the International Association of Insurance Supervisors (IAIS) for cooperation and information exchange.

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

Flowchart 7 amended by swapping Steps 1 and 2 to encourage registered liquidators to lodge the 505 Form prior to the 509D thus preventing possible double-up of appointments.

Modifies the reportable situations regime so that licensees do not have to submit notifications about certain reportable situations from 20 October 2023.

Amended: ½ñÈÕÈÈÃÅʼþCorporations and Credit (Breach Reporting—Reportable Situations) Instrument

REP 774 Annual financial reporting and audit surveillance report 2022–23

Summarises findings from ASIC's reviews of both financial reports and audit files for the period 1 July 2022 to 30 June 2023. Highlights areas where the quality of financial reporting and audits can be improved.

Amends ½ñÈÕÈÈÃÅʼþCorporations (Takeover Bids) Instrument and ½ñÈÕÈÈÃÅʼþCorporations (Compulsory Acquisitions and Buyouts) Instrument to give effect to the original intent of the instruments.

½ñÈÕÈÈÃÅʼþAnnual Report 2022–23

Outlines ASIC’s key regulatory and enforcement outcomes for 2022–23.

Modifies Division 1A of Part 7.12 of the Corporations Act to apply in relation to SPIE SA and subsidiaries of SPIE SA.

RG 278 ADIs: Transitioning to the Financial Accountability Regime (new)

Information paper published jointly with the (APRA) to help the financial services industry transition from the (BEAR) to the Financial Accountability Regime (FAR), including information they must provide to the regulators.Ìý

For ½ñÈÕÈÈÃÅʼþpurposes this APRA information paper is Regulatory Guide 278 (RG 278).

RG 249 Derivative trade repositories (reissued)

Reissued to account for the making of , replacing which were due to sunset on 1 October 2023. Minor administrative updates have also been made regarding the related Reporting Rules and the Ministerial Determination.

REP 773 Response to submissions on CP 365 Remaking ½ñÈÕÈÈÃÅʼþclass orders on takeovers, compulsory acquisitions and relevant interests

Seven remade legislative instruments relating to takeovers, compulsory acquisitions and relevant interests replacing existing relief that was due to sunset on 1 October 2023.

REP 773 details the submissions received in response to Consultation Paper 365 Remaking ½ñÈÕÈÈÃÅʼþclass orders on takeovers, compulsory acquisitions and relevant interests (CP 365).

Amended:

• ½ñÈÕÈÈÃÅʼþCorporations (Managed Discretionary Account Services) Instrument
• ½ñÈÕÈÈÃÅʼþCorporations (Relevant interests, ½ñÈÕÈÈÃÅʼþand ½ñÈÕÈÈÃÅʼþChairperson) Instrument

Repealed:

• Class Order [] Changing the responsible entity
• Class Order [] Relevant interests, voting power and exceptions to the general prohibition
• Class Order [] Takeover bids
• Class Order [] Compulsory acquisitions and buyouts
• Class Order [] Bidder giving substantial holding notice
• Class Order [] On-sale disclosure relief for scrip bids and schemes of arrangement
• Class Order [] Warrants: Relevant interests and associations
• Class Order [] Changes to a bidder's statement between lodgement and dispatch
• Class Order [] Representative proceedings and proof of debt arrangements funded by conditional costs agreements
• Class Order [] Technical modifications to Schedule 10 of the Corporations Regulations
• ½ñÈÕÈÈÃÅʼþCredit (Repeal) Instrument
• ½ñÈÕÈÈÃÅʼþSuperannuation (RSE Websites) Instrument
• ½ñÈÕÈÈÃÅʼþCorporations (Repeal and Transitional—Relief for Providers of Retirement Estimates) Instrument

Withdrawn: Regulatory Guide 252 Keeping superannuation websites up to date (RG 252).

Remakes the in substantially the same form to continue the operation of Australia’s over-the-counter derivatives trade reporting regime under Part 7.5A of the Corporations Act 2001.

Instrument 2023/725 provides DTCC Data Repository (Singapore) Pte Ltd with relief from certain provisions of the ½ñÈÕÈÈÃÅʼþDerivative Trade Repository Rules 2023.

Repealed: ½ñÈÕÈÈÃÅʼþExemption Instrument [14/0913] (See ½ñÈÕÈÈÃÅʼþGazette A43/14)

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. Also allows stapled entities to continue presenting their respective financial statements together in a single financial report.

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

½ñÈÕÈÈÃÅʼþremakes financial reporting legislative instrument (news item)

½ñÈÕÈÈÃÅʼþproposes to remake financial reporting legislative instrument (news item)

Amends ½ñÈÕÈÈÃÅʼþCredit (Electronic Precontractual Disclosure) Instrument to extend its operation for a further 12 months pending incorporation of its relief into regulations through the Treasury Laws Amendment (2023 Law Improvement Package No. 1) Bill 2023.

½ñÈÕÈÈÃÅʼþextends electronic precontractual disclosure legislative instrument (news item)

½ñÈÕÈÈÃÅʼþproposes to extend electronic precontractual disclosure legislative instrument (news item)

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 ½ñÈÕÈÈÃÅʼþwork that affects licensees. It also provides information and data on licensing and registration applications from the 2022–23 financial year.

REP 771 Response to submissions on CP 366 Proposed amendments to the ½ñÈÕÈÈÃÅʼþDerivative Transaction Rules (Clearing) 2015: Second consultation

Instrument 2023/726 amends to remove products that reference the US dollar London Interbank Offered Rate (LIBOR) 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 ½ñÈÕÈÈÃÅʼþDerivative Transaction Rules (Clearing) 2015: Second consultation (CP 366) and details ASIC's responses to those issues.

Amends ½ñÈÕÈÈÃÅʼþCorporations (Registration of Relevant Providers) Instrument 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.

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 on 1 October 2023.

Repealed:

• [] Provisions about the amount of consideration to acquire interests and withdrawal amounts not covered byÌý
• [] Equality of treatment impacting on the acquisition of interestsÌý
• [] Discretions affecting the amount of consideration to acquire interests and withdrawal amounts

Amended:

• ½ñÈÕÈÈÃÅʼþCorporations (Managed investment product consideration) Instrument
• ½ñÈÕÈÈÃÅʼþCorporations (Definition of Approved Foreign Market) Instrument

23-254MR ½ñÈÕÈÈÃÅʼþremakes three ‘sunsetting’ class orders for managed fundsÌý

23-154MR ½ñÈÕÈÈÃÅʼþconsults on remaking ‘sunsetting’ class orders on unit pricing discretions for managed investment schemesÌý

CP 368 Remaking ½ñÈÕÈÈÃÅʼþclass orders: [CO 13/519] and [CO 13/656]

Ìý

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.

Submissions close 26 October 2023.

RG 166 AFS licensing: Financial requirements (reissued)

REP 769 Response to submissions on CP 367 Remaking ½ñÈÕÈÈÃÅʼþclass orders on financial requirements

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:

• [] Financial requirements for responsible entities and operators of investor directed portfolio services
• [] Financial requirements for custodial or depository service providers
• [] Investor directed portfolio services provided through a registered managed investment scheme
• [] Investor directed portfolio services
• ½ñÈÕÈÈÃÅʼþCorporations (Financial Requirements for Corporate Directors of Retail Corporate Collective Investment Vehicles) Instrument

Amended:Ìý

• ½ñÈÕÈÈÃÅʼþCorporations (IDPS—Relevant Interests) Instrument
• ½ñÈÕÈÈÃÅʼþCorporations (Managed Discretionary Account Services) Instrument
• ½ñÈÕÈÈÃÅʼþCorporations (Nominee and Custody Services) Instrument
• ½ñÈÕÈÈÃÅʼþCorporations (Financial Requirements for CSF Intermediaries) Instrument
• ½ñÈÕÈÈÃÅʼþCorporations (Definition of Approved Foreign Market) Instrument
• ½ñÈÕÈÈÃÅʼþCorporations (Wholesale Equity Scheme Trustees) Instrument
• ½ñÈÕÈÈÃÅʼþ(Fees—Complexity Criteria) Instrument
• ½ñÈÕÈÈÃÅʼþCorporations (Share and Interest Purchase Plans) Instrument
• ½ñÈÕÈÈÃÅʼþCorporations (Foreign Financial Services Providers—Foreign AFS Licensees) Instrument
• ½ñÈÕÈÈÃÅʼþCorporations (Hardship Withdrawals Relief) Instrument
• ½ñÈÕÈÈÃÅʼþCorporations (Shorter PDS and Delivery of Accessible Financial Products Disclosure by Platform Operators and Superannuation Trustees) Instrument
• ½ñÈÕÈÈÃÅʼþCorporations (Financial Requirements for Issuers of Retail OTC Derivatives) Instrument

23-247MR ½ñÈÕÈÈÃÅʼþissues new legislative instruments for financial resource requirements and platformsÌý

23-048MR ½ñÈÕÈÈÃÅʼþconsults on ‘sunsetting’ class orders about financial requirements

CP 367 Remaking ½ñÈÕÈÈÃÅʼþclass orders on financial requirements: [CO 13/760], [CO 13/761] and ½ñÈÕÈÈÃÅʼþInstrument 2022/449

23-082MR ½ñÈÕÈÈÃÅʼþconsults on remaking ‘sunsetting’ class orders on IDPS and IDPS-like schemesÌý

CP 369 Remaking ½ñÈÕÈÈÃÅʼþclass orders on platforms: [CO 13/762] and [CO 13/763]

REP 770 Design and distribution obligations: Retail OTC derivativesÌý

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 obligationsÌýand highlights areas for improvement.

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

Replaces ½ñÈÕÈÈÃÅʼþMarket Integrity Rules (Securities Markets) Determination (repealed 6 October 2023).

Amends ½ñÈÕÈÈÃÅʼþCorporations (Design and Distribution Obligations Interim Measures) Instrument so that it repeals on 5 October 2028 and no longer applies an exemption to cashless welfare arrangements.

CS 3 Extending electronic precontractual disclosure relief

Seeks industry feedback on ASIC's proposal to extend the operation of ½ñÈÕÈÈÃÅʼþCredit (Electronic Precontractual Disclosure) Instrument for a temporary period of 12 months, pending law reform.

Submissions close 13 September 2023.

A consultation paper was not issued for this consultation.

½ñÈÕÈÈÃÅʼþproposes to extend electronic precontractual disclosure legislative instrument (news item only)

½ñÈÕÈÈÃÅʼþextends electronic precontractual disclosure legislative instrument (news item)

CS 2 Remaking financial reporting legislative instrument

Seeks industry feedback on ASIC's proposal to remake Class Order [] Financial reporting by stapled entities which is due to sunset on 1 October 2023.

Submissions close 13 September 2023.

A consultation paper was not issued for this consultation.

½ñÈÕÈÈÃÅʼþproposes to remake financial reporting legislative instrument (news item only)

½ñÈÕÈÈÃÅʼþremakes financial reporting legislative instrument (news item)

Introduces conditional time-limited exemptive relief in new section 13B (Exemption 11) of the ½ñÈÕÈÈÃÅʼþCorporations (Derivative Transaction Reporting Exemption) Instrument . Broadly, Exemption 11 exempts reporting entities from reporting certain items of derivative trade data under the that will not be required to be reported from the commencement of the .

(PDF 91 KB)Ìý

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

Determines the financial markets that are Regulated Foreign Markets for the purposes of subrule 1.2.4(3) of the and the and other rules relating to derivative transaction reporting.

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

23-230MR ½ñÈÕÈÈÃÅʼþfocuses on protecting vulnerable consumers and small businesses in 23-24Ìý

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.

23-221MR ½ñÈÕÈÈÃÅʼþreview finds insurers can and should improve claims handlingÌý

CS 1 Extending design and distribution obligations instrument

Seeks industry feedback on a proposal to extend the operation of ½ñÈÕÈÈÃÅʼþCorporations (Design and Distribution Obligations Interim Measures) for a further five years.

Submissions close 25 August 2023.

A consultation paper was not issued for this consultation.

23-220MR ½ñÈÕÈÈÃÅʼþproposes to extend design and distribution obligations instrument

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.Ìý

Submissions close 31 August 2023.

23-214MR ½ñÈÕÈÈÃÅʼþconsults on proposals to extend its short term credit and continuing credit contracts product intervention ordersÌý

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:

• ½ñÈÕÈÈÃÅʼþCorporations (Repeal and Transitional) Instrument
• ½ñÈÕÈÈÃÅʼþCorporations (CSSF-Regulated Financial Services Providers) Instrument
• ½ñÈÕÈÈÃÅʼþCorporations (Foreign Financial Services Providers—Limited Connection) Instrument
• ½ñÈÕÈÈÃÅʼþCorporations (Foreign Financial Services Providers—Funds Management Financial Services) Instrument

23-211MR ½ñÈÕÈÈÃÅʼþextends transitional relief for foreign financial services providersÌý

REP 767 ½ñÈÕÈÈÃÅʼþenforcement 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.

23-202MR ½ñÈÕÈÈÃÅʼþwarns of further action against market misconductÌý

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

INFO 151 ASIC’s approach to enforcement (reissued)

Technical amendments relating to how ½ñÈÕÈÈÃÅʼþinteracts with those whose conduct we are investigating.

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 .

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.

(PDF 260 KB)

(PDF 260 KB)

(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.

½ñÈÕÈÈÃÅʼþreview of insurance target market determinations (news item)

23-192MR ½ñÈÕÈÈÃÅʼþissues first stop order for a life insurance product

REP 766 Implementation of the retirement income covenant: Findings from the APRA and ½ñÈÕÈÈÃÅʼþthematic 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 (APRA) and ASIC.

RG 73 Continuous disclosure obligations: Infringement notices (updated)

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

Amends ½ñÈÕÈÈÃÅʼþ(Senior Staff Members—Determination) Instrument to amend the definition of ‘senior staff members’ to reflect an organisational restructure at ASIC.

INFO 9 ½ñÈÕÈÈÃÅʼþdecisions: Your rights (reissued)

INFO 107 Guidelines for managing complaints about ½ñÈÕÈÈÃÅʼþofficersÌý(reissued)

INFO 153 How ½ñÈÕÈÈÃÅʼþdeals with reports of misconduct (reissued)

INFO 207 Disputes about commercial loans (reissued)

INFO 238 Whistleblower rights and protections (reissued)

INFO 239 How ½ñÈÕÈÈÃÅʼþhandles 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 ½ñÈÕÈÈÃÅʼþto 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 256 FAQs: Ongoing fee arrangements (updated)

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

½ñÈÕÈÈÃÅʼþInstrument 2023/512 modifies the operation of ½ñÈÕÈÈÃÅʼþCorporations (Consent to Deductions—Ongoing Fee Arrangements) Instrument and ½ñÈÕÈÈÃÅʼþSuperannuation (Consent to Pass on Costs of Providing Advice) Instrument 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 ½ñÈÕÈÈÃÅʼþCorporations 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 ½ñÈÕÈÈÃÅʼþCorporations 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.

Amends the ½ñÈÕÈÈÃÅʼþ(Senior Staff Members—Determination) Instrument to amend the definition of ‘senior staff members’ to reflect an organisational restructure at ASIC.

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.

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.

Indigenous Super Summit - 22 June 2023 | Summary Document

Summary document of discussions about the unique and often complex challenges First Nations peoples can experience with access to and engagement with their superannuation.

Delays the requirement for relevant providers to be registered with ½ñÈÕÈÈÃÅʼþas a precondition for providing personal advice to retail clients until 1 October 2023.

CP 370 Proposed remake of the ½ñÈÕÈÈÃÅʼþDerivative Trade Repository Rules 2013

Sets out ASIC's proposals to remake , due to sunset on 1 October 2023, in substantially the same form, under s903A of the Corporations Act.

Submissions close 6 July 2023.

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.

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).

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

Replaces ½ñÈÕÈÈÃÅʼþMarket Integrity Rules (Securities Markets) Determination (repealed 10 July 2023).

ASIC’s Financial Services Industry Workshop - 29 May 2023 | Summary Document

Summary document on Understanding and Responding to Identification Challenges for First Nations Consumers under our Indigenous Financial Services Framework

(PDF)

Memorandum of Understanding (MoU) between ½ñÈÕÈÈÃÅʼþand National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) for mutual assistance in the supervision and oversight of offshore oil and gas companies in Australia.

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

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.

INFO 279 Serving legal documents on ASIC (new)

Explains how to serve legal documents on ½ñÈÕÈÈÃÅʼþproviding 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.

REP 764 ½ñÈÕÈÈÃÅʼþenforcement and regulatory update: January to March 2023

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

23-122MR ½ñÈÕÈÈÃÅʼþsharpens focus on credit and debt management

REP 763 ASIC’s recent greenwashing interventions

Outlines ½ñÈÕÈÈÃÅʼþregulatory interventions made between 1 July 2022 and 31 March 2023 in relation to greenwashing concerns.

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

½ñÈÕÈÈÃÅʼþand greenwashing antidotes (speech)

(PDF 1.4 MB - reissued)

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

Amended: ½ñÈÕÈÈÃÅʼþCorporations (Internal Dispute Resolution Data Reporting) Instrument

23-117MR ½ñÈÕÈÈÃÅʼþupdates the implementation timeframe for the internal dispute resolution data reporting framework

(PDF 336 KB)

Updates to ensure currency.

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

23-115MR ½ñÈÕÈÈÃÅʼþcalls on investment product issuers to ‘lift their game’ on design and distribution obligations

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).

23-106MR ½ñÈÕÈÈÃÅʼþreleases updated guidance for licensees on reportable situations

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

23-101MR ½ñÈÕÈÈÃÅʼþcalls for improved approaches to scams as major bank customers report over $550 million in scam losses

Ìý

Amends ½ñÈÕÈÈÃÅʼþexemption 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:

• ½ñÈÕÈÈÃÅʼþCorporations (Derivative Transaction Reporting Exemption) Instrument
• ½ñÈÕÈÈÃÅʼþCorporations (Derivative Transaction Reporting Exemption) Instrument
• ½ñÈÕÈÈÃÅʼþDerivative Transaction Rules (ADI Foreign Subsidiaries) Class Exemption

Repealed:

• Instrument [14/0234]
• Instrument [14/0633]
• ½ñÈÕÈÈÃÅʼþDerivative Transaction Rules (ADI Foreign Subsidiaries) Class Exemption (21/10/2024)
• ½ñÈÕÈÈÃÅʼþCorporations (Derivative Transaction Reporting Exemption) Instrument (21/10/2024)

Repeals ½ñÈÕÈÈÃÅʼþClass Order [] Competency standards for approved SMSF auditors.

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

Repealed:

• ½ñÈÕÈÈÃÅʼþCorporations (Financial Counselling Agencies) Instrument
• ½ñÈÕÈÈÃÅʼþCredit (Financial Counselling Agencies) Instrument
• ½ñÈÕÈÈÃÅʼþCorporations (Commonwealth Financial Counselling—Financial Capability Services) Instrument

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

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 .

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

Guidance reissued to refer to all legislation that enables ½ñÈÕÈÈÃÅʼþto issue Infringement Notices, to explain more about the circumstances in which ½ñÈÕÈÈÃÅʼþis more likely to issue Infringement Notices and otherwise align with other ½ñÈÕÈÈÃÅʼþguidance such as INFO 151 ASIC’s approach to enforcement (INFO 151).

Replaces INFO 128 Credit infringement notices: Your rights and INFO 139 ½ñÈÕÈÈÃÅʼþAct infringement notices: Your rights which have been withdrawn.

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

Seeks feedback from the investment management sector on ASIC's proposals to remake, without significant changes, the following ½ñÈÕÈÈÃÅʼþclass orders, which are due to expire on 1 October 2023:

• [] Investor directed portfolio services provided through a registered managed investment scheme
• [] Investor directed portfolio services.

Submissions close 28 April 2023.

23-082MR ½ñÈÕÈÈÃÅʼþconsults on remaking ‘sunsetting’ class orders on IDPS and IDPS-like schemesÌý

23-247MR ½ñÈÕÈÈÃÅʼþissues new legislative instruments for financial resource requirements and platformsÌý

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

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

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

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

Amended:

• ½ñÈÕÈÈÃÅʼþClass Order []ÌýFinancial requirements for custodial or depository service providers
• ½ñÈÕÈÈÃÅʼþCorporations (Financial Requirements for CSF Intermediaries) InstrumentÌýÌý
• ½ñÈÕÈÈÃÅʼþCorporations (Definition of Approved Foreign Market) InstrumentÌý

CP 368ÌýRemaking ½ñÈÕÈÈÃÅʼþclass orders: [CO 13/519] and [CO 13/656]Ìý

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’ ½ñÈÕÈÈÃÅʼþclass orders:Ìý

• []ÌýChanging the responsible entity
• []ÌýEquality of treatment impacting on the acquisition of interests

Submissions close 11 April 2023.

23-072MR ½ñÈÕÈÈÃÅʼþconsults on ‘sunsetting’ class orders on changing responsible entities and equal treatmentÌý

23-254MR ½ñÈÕÈÈÃÅʼþremakes three ‘sunsetting’ class orders for managed funds

Limits the circumstances in which ½ñÈÕÈÈÃÅʼþwill have a relevant interest in securities to circumstances where the securities are vested in, or held by, ½ñÈÕÈÈÃÅʼþor the Commonwealth.

Repealed: Class Order [] Relevant interests, ½ñÈÕÈÈÃÅʼþand ½ñÈÕÈÈÃÅʼþChairperson

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

INFO 29ÌýExternal 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.Ìý

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

Replaces ½ñÈÕÈÈÃÅʼþMarket Integrity Rules (Securities Markets) Determination (repealed 11 April 2023).

CP 367 Remaking ½ñÈÕÈÈÃÅʼþclass orders on financial requirements: [CO 13/760], [CO 13/761] and ½ñÈÕÈÈÃÅʼþInstrument 2022/449

Sets out ASIC’s proposals to remake the following ½ñÈÕÈÈÃÅʼþlegislative instruments on financial resource requirements for some categories of Australian financial services licensees which are due expire (‘sunset’) if not remade:

• [] Financial requirements for responsible entities and operators of investor directed portfolio servicesÌý
• [] Financial requirements for custodial or depository service providers
• ½ñÈÕÈÈÃÅʼþCorporations (Financial Requirements for Corporate Directors of Retail Corporate Collective Investment Vehicles) Instrument

Submissions close 31 March 2023.

23-048MR ½ñÈÕÈÈÃÅʼþconsults on ‘sunsetting’ class orders about financial requirementsÌý

23-247MR ½ñÈÕÈÈÃÅʼþissues new legislative instruments for financial resource requirements and platforms

REP 758 Good practices for handling whistleblower disclosures

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

(PDF)

23-035MR Further ½ñÈÕÈÈÃÅʼþregulatory response on CHESS Replacement and ASX’s program capabilities

REP 757 ½ñÈÕÈÈÃÅʼþenforcement and regulatory update: October to December 2022

23-026MR ½ñÈÕÈÈÃÅʼþto expand enforcement focus areas in the coming year

Summary of enforcement outcomes: July to December 2022

CP 366 Proposed amendments to the ½ñÈÕÈÈÃÅʼþDerivative Transaction Rules (Clearing) 2015: Second consultation

Sets out our proposals to modify the contract types that are subject to the made under s901A of the Corporations Act.

Submissions close 29 March 2023.

REP 771 Response to submissions on CP 366 Proposed amendments to the ½ñÈÕÈÈÃÅʼþDerivative Transaction Rules (Clearing) 2015: Second consultation

ASIC’s Indigenous Financial Services Framework

RG 249 Derivative trade repositoriesÌý(reissued)

RG 251 Derivative transaction reporting (reissued)

Issued 25/1/2023

Registered 30/1/2023

Effective 31/1/2023 (day after registration)