pc
nid 93395
Jun 22, 2026
kgurnani@vixio.com
Australia
Australian Securities and Investments Comission
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1990 charsAustralian Securities and Investments Commission Proposes Remaking Four Exchange-Traded Derivatives and Securities Relief Instruments
On June 20, 2026, the Australian Securities and Investments Commission (ASIC) opened a consultation on its proposal to remake four legislative instruments providing relief related to exchange-traded derivatives and securities. The four instruments—ASIC Corporations (Exchange-Traded Derivatives: Multiple Issuers) Instrument 2016/883, ASIC Corporations (Securities: NZ FASTER System) Instrument 2016/891, ASIC Corporations (Transfers of Division 3 Securities) Instrument 2016/893, and ASIC Corporations (Securities Lending Arrangements) Instrument 2021/821—are scheduled to sunset in September and October 2026 under the Legislation Act 2003, which requires all legislative instruments to automatically expire after ten years unless preserved.
ASIC determined that all four instruments are operating effectively and continue to form a necessary and useful part of the legislative framework. The instruments provide targeted relief across multiple areas: the first modifies Product Disclosure Statement requirements under Part 7.9 of the Corporations Act 2001 for exchange-traded derivatives issued by intermediaries and market participants; the second provides exemptions and modifications to Part 7.11 to recognise securities transferred through New Zealand's NZCDC Legal Title Transfer system; the third enables foreign company securities quoted on ASX Limited's financial market to transfer with statutory warranties and indemnities; and the fourth provides relief to securities lending participants regarding substantial holding disclosure obligations under Chapter 6C.
ASIC proposes to remake all four instruments for a five-year period with minor amendments. The substantive effect of each instrument will remain unchanged upon remake. Stakeholders must submit feedback to rri.consultation@asic.gov.au by 5pm AEST on Monday, July 20, 2026. Further detail is available in ASIC consultation paper CS 56 Proposed Remake of Exchange-Traded Derivative and Securities-Related Instruments.
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1754 charsAustralian Securities and Investments Commission Proposes Remaking Four Exchange-Traded Derivatives and Securities Relief Instruments
On June 22, 2026, the Australian Securities and Investments Commission (ASIC) opened a consultation on its proposal to remake four legislative instruments providing relief related to exchange-traded derivatives and securities. The instruments are due to sunset between September - October 2026, and ASIC says they are operating effectively and remain necessary parts of the legislative framework.
ASIC proposes to remake the instruments for a further five years, with only minor amendments.
The four instruments are:
ASIC Corporations (Exchange-Traded Derivatives: Multiple Issuers) Instrument 2016/883 : This modifies Product Disclosure Statement requirements for certain exchange-traded derivatives where the derivative is treated as issued by both an intermediary and a market participant. The relief means only the market participant needs to provide the PDS, while the intermediary’s disclosure obligations are modified.
ASIC Corporations (Securities: NZ FASTER System) Instrument 2016/891 : This provides exemptions and modifications so that securities transferred through New Zealand’s settlement system are legally recognised in Australia.
ASIC Corporations (Transfers of Division 3 Securities) Instrument 2016/893 : This allows shares or debentures of foreign companies quoted on ASX to be transferred with statutory warranties and indemnities under Division 3 of Part 7.11 of the Corporations Act.
ASIC Corporations (Securities Lending Arrangements) Instrument 2021/821 : This gives relief for persons involved in securities lending in relation to substantial holding disclosure requirements under Chapter 6C of the Corporations Act.
Stakeholders must submit feedback to rri.consultation@asic.gov.au by 5pm AEST on Monday, July 20, 2026.