ASIC remakes six legislative instruments about managed investment schemes

ASIC has remade six legislative instruments that provide relief around managed investment schemes. The instruments were expiring on 1 October 2026.

The new legislative instruments are:

ASIC will update related guidance in Regulatory Guide 87 Charitable schemes and school enrolment deposits (RG 87), Regulatory Guide 91 Horse breeding schemes and horse racing syndicates (RG 91) and Regulatory Guide 140 Strata schemes and management rights schemes (RG 140) in the coming months.

Consultation feedback

ASIC consulted in May this year on a proposal to remake the instruments in CS 53 Proposed remake of six legislative instruments relating to managed investment schemes. We received 19 submissions in response to our consultation, with most feedback focused on the regulatory relief available to horse racing syndicates.

Non-confidential submissions, along with a summary of stakeholder feedback and ASIC’s response, are available at CS 53.

Background

ASIC Instrument 2026/192 provides certain managed investment, licensing, hawking and disclosure relief in relation to strata schemes, managed rights schemes and property rental schemes. It replaces ASIC Corporations (Serviced Apartment and Like Schemes) Instrument 2016/869 and ASIC Corporations (Property Rental Schemes) Instrument 2016/870.

ASIC Instrument 2026/730 grants conditional relief to charitable investment fundraisers from the managed investment, disclosure, hawking and debenture provisions of the Corporations Act 2001 (Corporations Act). It replaces ASIC Corporations (Charitable Investment Fundraising) Instrument 2016/813.

ASIC Instrument 2026/709 provides relief to schools that require enrolment deposits from the managed investment, licensing, disclosure, hawking, and debenture provisions of the Corporations Act. It replaces ASIC Corporations (School Enrolment Deposits) Instrument 2016/812.

ASIC Instrument 2026/723 gives eligible small horse racing syndicates relief from having to register as managed investment schemes and provides private horse breeding scheme operators relief from the managed investment, licensing, disclosure and hawking provisions of the Corporations Act. It replaces ASIC Corporations (Horse Schemes) Instrument 2016/790.

ASIC Instrument 2026/726 provides relief to responsible entities to address issues that may arise in implementing the tax system for managed investment trusts for a registered scheme. It replaces ASIC Corporations (Attribution Managed Investment Trusts) Instrument 2016/489.

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