½ñÈÕÈÈÃÅʼþ

Explains the process for individuals or entities who want to be authorised as eligible applicants by ½ñÈÕÈÈÃÅʼþunder the Corporations Act, which enables them to apply to a court to conduct or take part in public examinations related to the affairs of a company in external administration.

½ñÈÕÈÈÃÅʼþreleases guidance on requesting eligible applicant authorisation (news item)

Atachment updated to reflect the removal of the annual compliance fee in 2018.

Sets out ASIC’s approach to publication, at a firm level, of:

• data about reportable situations reports submitted to ASIC, and
• data about internal dispute resolution submissions to ASIC.

In particular, this paper sets out our proposals regarding:

• how we will present and contextualise the data
  the scope of the data we will publish, and
• the data elements we propose to publish.

Submissions close 14 May 2025.

25-054MR ½ñÈÕÈÈÃÅʼþconsults on plan to increase visibility of firms’ breach and complaints data

INFO 88 Notifying ½ñÈÕÈÈÃÅʼþof the appointment of an AFS authorised representative (reissued)

INFO 91 Who can be an authorised representative of an AFS licenseeÌý(reissued)Ìý

INFO 250 Giving AFS and credit licensees information about their representatives (reissued)

INFO 260 Timeframe for passing the financial adviser exam (reissued)

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

INFO 270 Warnings and reprimands (reissued)

INFO 273 FSCP decisions: Your rights (reissued)

INFO 276 Registration for relevant providers (reissued)

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

INFO 281 Accessing the experienced provider pathway (reissued)

Updated to ensure currency and reflect reforms introduced by the .

Financial advice

RG 280 Sustainability reporting (new)

REP 809 Response to submissions on CP 380 Sustainability reporting

RG 280 updated to provide guidance for entities that are required to prepare a sustainability report containing climate-related financial information under Chapter 2M of the Corporations Act. This may include companies, registered schemes, registrable superannuation entities, and retail corporate collective investment vehicles.

½ñÈÕÈÈÃÅʼþhas also extended the relief in and amended to allow stapled entities to prepare a consolidated sustainability report for the stapled group and facilitate electronic lodgement of sustainability reports.

REP 809 provides detail about ASIC’s responses to the submissions received during the consultation process, including how the feedback was addressed in RG 280.

25-051MR ½ñÈÕÈÈÃÅʼþissues sustainability reporting regulatory guide

What small businesses need to know about sustainability reporting requirements (news item)

CP 380 Sustainability reporting (Non-confidential submissions in response to CP 380)

(PDF 297 KB)

Outlines further steps to address increasing ½ñÈÕÈÈÃÅʼþand RBA concerns over the management of operational risk at ASX, following the CHESS batch settlement failure incident that occurred on 20 December 2024.

25-050MR RBA and ½ñÈÕÈÈÃÅʼþact on deep concerns with ASX

(PDF 303 KB)

(PDF 235 KB)

REP 806 Taking ownership of death benefits: How trustees can deliver outcomes Australians deserve

Provides detailed observations from ASIC's review of the death benefit claims handling practices of 10 superannuation trustees. It identifies better practices, as well as systemic failures by some trustees that exposed grieving Australians to added emotional and financial distress.

INFO 5 Application to suppress residential address (reissued)

Reissued to ensure currency.

Remakes the relief that is currently provided by Class Order [] Relief for 31 day notice term deposits, which was due to expire ('sunset') on 1 April 2025, for up to five years.Ìý

RG 253 Fundraising: Facilitating offers of CHESS Depository Interests (reissued)

Remakes the relief that is currently provided by Class Order ÌýOffers of CHESS Depository Interests, which was due to expire ('sunset') on 1 April 2025, for a period of five years.

Also repealed: Class Order [] Repeal of Class Order [SCO 10/321]

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

INFO 258 Continuing professional education requirements for registered liquidators (reissued)

INFO 29 reissued to remove incorrect lodgement guidance for Form 5601 and include guidance on lodgement order for Small Business Restructurings in the flowcharts and another page.

INFO 258 reissued to add an example for pre-ILRA Registered Liquidators showing the difference between renewal periods and CPE periods.

Remakes the following class orders that were due to expire ('sunset') to assist entities that have obligations in relation to employee incentive schemes (legacy schemes):

• [] Employee incentive schemes: Personal offers
• [] Employee incentive schemes: Listed bodies
• [] Employee incentive schemes: Listed bodies

Amends Ìý

RG 216 Markets Disciplinary Panel (reissued)

Minor updates to reflect recent Panel decisions on the application of the new penalty regime imposed by the and current MDP processes, including that MDP hearings can now be conducted virtually.

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

REP 805 Falling short: Compliance with the small amount credit contract obligations

Summarises findings and observations from ASIC’s review of Australian credit licensees who offered small amount credit contracts from December 2022 to August 2024 following changes to laws governing small amount credit contracts under the Financial Service Reform Act 2022.

CS 17 Proposed updates to the ½ñÈÕÈÈÃÅʼþDerivative Trade Repository Rules 2023

Proposes amending the (2023ÌýDTR Rules) to:

• re-reference the changed location of definitions in the Corporations Act which have been moved by the , and
• make other minor administrative updates.

Submissions close 8 April 2025.

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

Replaces (repealed 4 April 2025).

RG 209 Credit licensing: Responsible lending conduct (reissued)

Updated to clarify how the Higher Education Loan Program (HELP), and other student loan commitments, may be considered by banks and lenders assessing whether a consumer can afford to take on new credit.

INFO 100 Margin lending: Getting or varying an AFS licence (updated)

INFO 110 Lenders with carried over instruments (updated)

INFO 132 Applying for a credit licence: Details of professional indemnity insurance (updated)

INFO 210 Unfair contract term protections for consumers (updated)

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

INFO 218 Disputes about life insurance (updated)

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

INFO 264 FAQs: Design and distribution obligations for advice licensees and financial advisers (updated)

Minor updates to clarify dispute-related information (e.g. replacing references to ‘external dispute resolution scheme’ with references to the Australian Financial Complaints Authority (AFCA), where appropriate), and other minor changes to ensure currency.

REP 804 ½ñÈÕÈÈÃÅʼþenforcement and regulatory update: July to December 2024

Provides an overview of ASIC’s work and key matters between 1 July and 31 December 2024.

25-026MR ½ñÈÕÈÈÃÅʼþshuts down 130 investment scam websites per week

Australia’s evolving capital markets: A discussion paper on the dynamics between public and private markets

Seeks engagement from participants in Australia’s capital markets, their advisers and other interested persons on important issues and implications arising from evolving changes in Australia’s capital markets.

REP 807 Evaluating the state of the Australian public equity market: Evidence from data and academic literature

25-021MR Advancing Australia’s regulatory roadmap for public and private capital markets

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

REP 808 Response to submissions on CP 379 ½ñÈÕÈÈÃÅʼþCS Services Rules

New clearing and settlement (CS) rules to facilitate competitive outcomes in the monopoly provision of clearing and settlement services under section 828A of the Corporations Act.

CS 16 Reportable situations – additional reliefÌý

Proposes additional relief under the reportable situations regime from reporting certain breaches of the misleading and deceptive conduct provisions and certain contraventions of civil penalty provisions.

Submissions close 11 March 2025.

INFO 5 Application to suppress residential address (reissued)

Content simplified to ensure the suppression process is clear for customers and common lodgement errors are avoided, including:

• adding for further guidance on silent enrolment
• making lodgement requirements clearer, and
• defining how to manage and cancel an existing suppression.

RG 51 Applications for relief (reissued)

RG 108 No-action letters (reissued)

Updates improve and simplify our guidance regarding relief and no-action letters by centralising related guidance and amending outdated references.

The following regulatory guides have been withdrawn because relevant guidance has now been incorporated into RG 51:

• RG 21 How ½ñÈÕÈÈÃÅʼþcharges fees for relief applications
• RG 57 Notification of rights of review, and
• RG 208 How ½ñÈÕÈÈÃÅʼþcharges fees for credit relief applications

½ñÈÕÈÈÃÅʼþupdates guidance for applicants applying for ½ñÈÕÈÈÃÅʼþrelief or no-action letters (news item)

CS 11 Proposed updates to RG 51 and RG 108 (Non-confidential submissions)

CP 382 Low cost credit contracts

Sets out ASIC’s proposals for providing guidance to Australian credit licensees and potential licensees on the obligations that will apply to low cost credit contracts and buy now pay later contracts under the consumer credit regime, including the modified responsible lending obligations in Chapter 3 of the National Consumer Credit Protection Act 2009.

Submissions close 7 March 2025.

(PDF 262 KB)

Outlines ASIC's guidance for superannuation trustees in preventing, detecting and responding to scams and fraud activity.

CS 15 Proposed remake of relief for offers of CHESS Depository Interests

Seeks feedback on our proposal to remake Class Order [] Offers of CHESS Depository Interests, which is due to expire on 1 April 2025.

Submissions close 28 February 2025.

CS 14 Proposed remake of relief for employee incentive schemes

Seeks feedback on our proposal to remake two employee incentive scheme (EIS) class orders which are due to expire on 1 April 2025:

• Class OrderÌý]ÌýEmployee incentive schemes: Listed bodies, and
• Class OrderÌýÌýEmployee incentive schemes: Unlisted bodies

Submissions close 22 February 2025.

INFO 285 Buy now pay later credit contracts: Credit licensing (new)

Explains the new requirements for credit licensing that apply from 10 June 2025 to anyone engaging in credit activities involving buy now pay later contracts under the (BNPL Act).

INFO 291 FAQs: FSGs and website disclosure information (updated)

FAQ 7 updated to clarify when a providing entity can publish an FSG on its website as an alternative to 'giving' an FSG.

CS 13 Extending relief for business introduction services

Invites feedback on whether the relief under , due to expire on 1 April 2025, should:

• be extended for an additional period in relation to managed investment schemes, and
• reinstate previous relief from Chapter 6D of the Corporations Act in relation to securities, other than debentures.

Submissions close 5 February 2025.

RG 246 Conflicted and other banned remuneration (updated)

Commencement date of certain DBFO-related reforms in notes under paras RG 246.56, RG 246.58 and RG 246.77 updated to 9 July 2025.

INFO 292 FAQs: Informed consents for insurance commissions (updated)

Commencement date of certain DBFO-related reforms updated to 9 July 2025.