ASIC is seeking feedback on a proposal to remake a relief instrument to extend the exemption for securitisation entities from holding an Australian financial services (AFS) licence.

ASIC Corporations (Securitisation Special Purpose Vehicles) Instrument 2016/272 (the Instrument) is due to expire on 1 April 2026.

ASIC proposes to remake the Instrument on largely the same terms for a period of five and a half years.

Providing feedback

Please send your submissions to rri.consultation@asic.gov.au by 5pm AEDT on Friday 20 February 2026.

Refer to CS 43 Proposed extension of instrument relieving securitisation entities from holding an AFS licence

Background

ASIC Instrument 2016/272 exempts a securitisation entity from holding an AFS licence where it holds the securitisation product as a custodian or trustee or is issuing a securitisation product to:

• an AFS licence holder
• an entity that is exempted from holding an AFS licence, or
• a wholesale client.

Under the Legislation Act 2003, legislative instruments are repealed, or ‘sunset’, after 10 years, unless ASIC acts to preserve them.

The Instrument was made in 2016 to continue the relief provided by class orders [CO 04/1526] and [CO 05/1270].

ASIC is Australia’s corporate, markets and financial services regulator.