91AV

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 ASIC Corporations and Credit (Amendment) Instrument which amended the ASIC Corporations 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

ASIC industry 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 ASIC and 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Replaces ASIC Market Integrity Rules (Securities Markets) Determination (repealed 10 January 2024).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 ASIC has made.

ASIC and AFCA memorandum of understanding

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

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

Repeals ASIC Market Integrity Rules (Securities Markets) Class Waiver and ASIC Market 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 ASIC following the commencement of the .

CP 374 Remaking ASIC class 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:

• ASIC Corporations (Auditor Independence) Instrument and
• ASIC Corporations (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 ASIC enforcement 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 ASIC Derivative Transaction Rules (Reporting): First consultation (CP 334) and our second round of consultation in Consultation Paper 361 Proposed changes to simplify the ASIC Derivative 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 ASIC cyber 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 ASIC Corporations (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 ASIC financial 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 ASIC Act 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 ASIC and the International Association of Insurance Supervisors (IAIS) for cooperation and information exchange.

INFO 29 External administration, controller appointments and 91AVs 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: ASIC Corporations 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 ASIC Corporations (Takeover Bids) Instrument and ASIC Corporations (Compulsory Acquisitions and Buyouts) Instrument to give effect to the original intent of the instruments.

ASIC Annual 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 ASIC purposes 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 ASIC class 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 ASIC class orders on takeovers, compulsory acquisitions and relevant interests (CP 365).

Amended:

• ASIC Corporations (Managed Discretionary Account Services) Instrument
• ASIC Corporations (Relevant interests, ASIC and ASIC Chairperson) 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 91AVs 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
• ASIC Credit (Repeal) Instrument
• ASIC Superannuation (RSE Websites) Instrument
• ASIC Corporations (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 ASIC Derivative Trade Repository Rules 2023.

Repealed: ASIC Exemption Instrument [14/0913] (See ASIC Gazette 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.

ASIC remakes financial reporting legislative instrument (news item)

ASIC proposes to remake financial reporting legislative instrument (news item)

Amends ASIC Credit (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.

ASIC extends electronic precontractual disclosure legislative instrument (news item)

ASIC proposes 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 ASIC work 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 ASIC Derivative 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 ASIC Derivative Transaction Rules (Clearing) 2015: Second consultation (CP 366) and details ASIC's responses to those issues.

Amends ASIC Corporations (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 91AVs 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 91AVs, and
• unit pricing discretions for registered 91AVs.

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:

• ASIC Corporations (Managed investment product consideration) Instrument
• ASIC Corporations (Definition of Approved Foreign Market) Instrument

23-254MR ASIC remakes three ‘sunsetting’ class orders for managed fundsÌý

23-154MR ASIC consults on remaking ‘sunsetting’ class orders on unit pricing discretions for managed investment 91AVsÌý

CP 368 Remaking ASIC class 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 ASIC class 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 91AV
• [] Investor directed portfolio services
• ASIC Corporations (Financial Requirements for Corporate Directors of Retail Corporate Collective Investment Vehicles) Instrument

Amended:Ìý

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

23-247MR ASIC issues new legislative instruments for financial resource requirements and platformsÌý

23-048MR ASIC consults on ‘sunsetting’ class orders about financial requirements

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

23-082MR ASIC consults on remaking ‘sunsetting’ class orders on IDPS and IDPS-like 91AVsÌý

CP 369 Remaking ASIC class 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 ASIC Market Integrity Rules (Securities Markets) Determination (repealed 6 October 2023).

Amends ASIC Corporations (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 ASIC Credit (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.

ASIC proposes to extend electronic precontractual disclosure legislative instrument (news item only)

ASIC extends 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.

ASIC proposes to remake financial reporting legislative instrument (news item only)

ASIC remakes financial reporting legislative instrument (news item)

Introduces conditional time-limited exemptive relief in new section 13B (Exemption 11) of the ASIC Corporations (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 ASIC focuses 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 ASIC review 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 ASIC Corporations (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 ASIC proposes 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 ASIC consults 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:

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

23-211MR ASIC extends transitional relief for foreign financial services providersÌý

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.

23-202MR ASIC warns 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 ASIC interacts 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 91AVs 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.

ASIC review of insurance target market determinations (news item)

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

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 (APRA) and ASIC.

RG 73 Continuous disclosure obligations: Infringement notices (updated)

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

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

INFO 9 ASIC decisions: Your rights (reissued)

INFO 107 Guidelines for managing complaints about ASIC officersÌý(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 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 and ASIC Superannuation (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 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.

Amends the ASIC (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 ASIC as a precondition for providing personal advice to retail clients until 1 October 2023.

CP 370 Proposed remake of the ASIC Derivative 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 ASIC Market 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 ASIC and 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 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.

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.

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

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.

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

ASIC and greenwashing antidotes (speech)

(PDF 1.4 MB - reissued)

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

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

23-117MR ASIC updates 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 ASIC calls 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 ASIC releases 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 ASIC calls for improved approaches to scams as major bank customers report over $550 million in scam losses

Ìý

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:

• ASIC Corporations (Derivative Transaction Reporting Exemption) Instrument
• ASIC Corporations (Derivative Transaction Reporting Exemption) Instrument
• ASIC Derivative Transaction Rules (ADI Foreign Subsidiaries) Class Exemption

Repealed:

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

Repeals ASIC Class Order [] Competency standards for approved SMSF auditors.

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

Repealed:

• ASIC Corporations (Financial Counselling Agencies) Instrument
• ASIC Credit (Financial Counselling Agencies) Instrument
• ASIC Corporations (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 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 (INFO 151).

Replaces INFO 128 Credit infringement notices: Your rights and INFO 139 ASIC Act 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 ASIC class orders, which are due to expire on 1 October 2023:

• [] Investor directed portfolio services provided through a registered managed investment 91AV
• [] Investor directed portfolio services.

Submissions close 28 April 2023.

23-082MR ASIC consults on remaking ‘sunsetting’ class orders on IDPS and IDPS-like 91AVsÌý

23-247MR ASIC issues 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:

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

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

Seeks feedback from responsible entities of managed investment 91AVs and corporate directors of corporate collective investment vehicles (CCIVs) on proposals to remake the following ‘sunsetting’ ASIC class orders:Ìý

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

Submissions close 11 April 2023.

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

23-254MR ASIC remakes three ‘sunsetting’ class orders for managed funds

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: Class Order [] Relevant interests, ASIC and ASIC Chairperson

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 91AVs 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 ASIC Market Integrity Rules (Securities Markets) Determination (repealed 11 April 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:

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

Submissions close 31 March 2023.

23-048MR ASIC consults on ‘sunsetting’ class orders about financial requirementsÌý

23-247MR ASIC issues 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 91AVs and simple sub-fund products (reissued)

(PDF)

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

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

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

Summary of enforcement outcomes: July to December 2022

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 made under s901A of the Corporations Act.

Submissions close 29 March 2023.

REP 771 Response to submissions on CP 366 Proposed amendments to the ASIC Derivative 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)