ASIC will continue four forms of relief that support the efficient operation of Australia’s exchange-traded derivatives and securities markets. Following public consultation, ASIC has remade three legislative instruments and extended a fourth for five years.
The relief simplifies disclosure, supports trans-Tasman securities settlement and foreign securities transfers, and facilitates securities lending. It also reduces unnecessary work for market participants.
The following instruments were due to sunset or expire in September and October 2026:
- 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.
Consultation
We consulted on the four legislative instruments in CS 56 Proposed remake of exchange-traded derivative and securities-related instruments (CS 56).
Following consultation, each instrument will continue for five years. ASIC has made minor changes to:
- clarify the relief requirements in ASIC Corporations (Exchange-Traded Derivatives: Multiple Issuers) Instrument 2026/682
- update system and financial market references in ASIC Corporations (Securities: NZCDC Legal Title Transfer System) Instrument 2026/683 to reflect the New Zealand Exchange Limited’s current operations
- use market-neutral language and simplify definitions in ASIC Corporations (Transfers of Division 3 Securities) Instrument 2026/684, and
- extend ASIC Corporations (Securities Lending Arrangements) Instrument 2021/821 for another five years through ASIC Corporations (Amendment) Instrument 2026/685.
The relief itself has not changed.
We received two submissions. For more information about the feedback for CS 56, see Consultation feedback and ASIC's response.
Background
ASIC Corporations (Exchange-Traded Derivatives: Multiple Issuers) Instrument 2026/682 changes the Product Disclosure Statement (PDS) requirements in Part 7.9 of the Corporations Act 2001 (Corporations Act) for certain exchange-traded derivatives. Where an intermediary and a market participant are both treated as issuers, only the market participant must provide a PDS. The intermediary’s disclosure obligations are also modified. The instrument replaces ASIC Corporations (Exchange-Traded Derivatives: Multiple Issuers) Instrument 2016/883.
ASIC Corporations (Securities: NZCDC Legal Title Transfer System) Instrument 2026/683 provides targeted exemptions and changes to Part 7.11 of the Corporations Act. This allows securities transferred through New Zealand’s NZCDC Legal Title Transfer system to be legally recognised in Australia. The instrument replaces ASIC Corporations (Securities: NZ FASTER System) Instrument 2016/891.
ASIC Corporations (Transfers of Division 3 Securities) Instrument 2026/684 applies Division 3 of Part 7.11 of the Corporations Act, and regulations made for section 1073D, to shares or debentures of a foreign company quoted on a declared financial market. This allows those securities to be transferred with statutory warranties and indemnities. The instrument replaces ASIC Corporations (Transfers of Division 3 Securities) Instrument 2016/893.
ASIC Corporations (Securities Lending Arrangements) Instrument 2021/821, extended by ASIC Corporations (Amendment) Instrument 2026-685, gives people involved in securities lending relief from the substantial holding requirements in Chapter 6C of the Corporations Act. It continues relief originally provided by ASIC Class Order [11/272].
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ASIC is Australia’s corporate, markets and financial services regulator.