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ASIC proposes to remake six legislative instruments about managed investment schemes

Published

ASIC is seeking feedback on its proposal to remake legislative instruments that provide relief around managed investment schemes.

Under the proposal, the instruments, which are due to expire on 1 October 2026, will be extended for five years.

The legislative instruments to be remade are:

We have assessed that these legislative instruments continue to form a necessary and useful part of the legislative framework.

Aside from minor changes to improve clarity and consistency, the content of the instruments will remain unchanged.

We are also proposing to remove transitional provisions that are no longer necessary. This includes the relief in section 6 of ASIC Corporations (Attribution Managed Investment Trusts) Instrument 2016/489. This was intended to assist responsible entities transitioning to the attribution managed investment trust regime.

Providing feedback

We invite feedback on our proposal and questions relating to ASIC Corporations (Horse Schemes) Instrument 2016/790. Submissions are due by 5pm AEST on 24 June 2026 and should be sent to rri.consultation@asic.gov.au.

Refer to CS 53 Proposed remake of six legislative instruments relating to managed investment schemes

Background

ASIC Corporations (Serviced Apartment and Like Schemes) Instrument 2016/869 provides certain managed investment, licensing, hawking and disclosure relief in relation to strata schemes and managed rights schemes.

ASIC Corporations (Property Rental Schemes) Instrument 2016/870 provides certain managed investment, licensing, hawking and disclosure relief in relation to property rental schemes.

ASIC Corporations (Charitable Investment Fundraising) Instrument 2016/813 grants conditional relief to charitable investment fundraisers from fundraising, managed investment scheme and debenture provisions in the Corporations Act 2001 (Corporations Act).

ASIC Corporations (School Enrolment Deposits) Instrument 2016/812 provides exemptions to schools that require enrolment deposits from certain managed investment scheme registration requirements, as well as from specific disclosure, fundraising and licensing obligations under the Corporations Act.

ASIC Corporations (Horse Schemes) Instrument 2016/790 provides conditional relief to promoters and managers of small-scale horse racing syndicates from the requirement to register the syndicate as a managed investment scheme and establishes co-regulatory arrangements between ASIC and horse racing governing bodies in Australian states or territories. It also provides relief for operators of private horse breeding schemes.      

ASIC Corporations (Attribution Managed Investment Trusts) Instrument 2016/489 provides relief to responsible entities to address issues that may arise in implementing the tax system for managed investment trusts for a registered scheme.

 

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