Following Consultation Paper 365 Remaking ASIC class orders on takeovers, compulsory acquisitions and relevant interests (CP 365) and Report 773 Response to submissions on CP 365 Remaking ASIC class orders on takeovers, compulsory acquisitions and relevant interests (REP 773), update:

• Regulatory Guide 5 Relevant interests and substantial holding notices (RG 5)
• Regulatory Guide 6 Takeovers: Exceptions to the general prohibition (RG 6)
• Regulatory Guide 9 Takeover bids (RG 9)
• Regulatory Guide 10 Compulsory acquisitions and buyouts (RG 10)
• Regulatory Guide 55 Statements in disclosure documents and PDSs: Consent to quote (RG 55)
• Regulatory Guide 60 Schemes of arrangement (RG 60),
• Regulatory Guide 161 Share and interest sale facilities (RG 161), and
• Regulatory Guide 169 Hawking and disclosure: Discretionary powers (RG 169)

Remade legislative instrument

Update Regulatory Guide 26 Resignation, removal and replacement of auditors (RG 26) to include registrable superannuation entities and retail corporate collective investment vehicles in the classes of entities subject to financial reporting obligations, and to reflect some specific reporting obligations on those that have been inserted into corporations and superannuation legislation

Remake ASIC Corporations (Auditor Independence) Instrument 2021/75, which sunsets on 30 April 2024

Remade legislative instrument

Remake class orders relating to relief for managed investment schemes that are listed or quoted, primary production schemes and custody standards, which sunset on 1 April 2024. This will include updating:

• Class Order [CO 13/721] Relief to facilitate quotation of exchange traded funds on the AQUA Market
• Class Order [CO 13/1200] Periodic statements relief for AQUA quoted and listed managed investment scheme manager
• Class Order [CO 13/1406] Land holding for primary production schemes
• Class Order [CO 13/1409] Holding assets: Standards for responsible entities
• Class Order [CO 13/1410] Holding assets: Standards for providers of custodial and depository services, and
• Class Order [CO 13/1621] Exemption and declaration for the operation of mFund

Remade legislative instruments

Consult on the outstanding matters relating to ASIC Derivative Transaction Rules (Reporting) 2022 that were not updated in December 2022, including our concerns with the operation of alternative reporting, the treatment of exchange-traded derivatives, and the use of the ‘nexus derivative’ definition

Extend ASIC Market Integrity Rules (Futures Markets) Class Waiver 2018/313, which is due to expire on 22 March 2024

Consult on proposed amendments to the false or misleading appearances rules in the ASIC Market Integrity Rules (Securities Markets) 2017 and ASIC Market Integrity Rules (Futures Markets) 2017

Update guidance to reflect the outcome of the two consultation papers relating to proposed amendments to market integrity rules. This will involve updating:

• Regulatory Guide 241 Electronic trading (RG 241)
• Regulatory Guide 265 Guidance on ASIC market integrity rules for participants of securities markets (RG 265), and
• Regulatory Guide 266 Guidance on ASIC market integrity rules for participants of futures markets (RG 266)

Updated regulatory guide