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CS 23 Proposals to continue to facilitate digital disclosure

simple consultation – 23

Released 9 July 2025. Comments close 6 August 2025.

Providing financial services disclosures electronically can make them more timely, convenient and reliable while also reducing printing and mailing costs. This is why ASIC is proposing to remake two legislative instruments that provide relief to facilitate electronic delivery of disclosures and make necessary updates to our related guidance in Regulatory Guide 221 Facilitating digital financial services disclosures (RG 221).

Remaking electronic disclosure instruments

Two legislative instruments ASIC Corporations (Facilitating Electronic Delivery of Financial Services Disclosure) Instrument 2015/647 and ASIC Corporations (Removing Barriers to Electronic Disclosure) Instrument 2015/649 are scheduled to sunset on 1 October 2025. Among other relief, these instruments allow providers to publish a financial services disclosure digitally and notify clients that it is available (the ‘publish and notify method’) and relax requirements for digital disclosures.

We have assessed that the instruments are operating effectively and efficiently and continue to form a necessary and useful part of the legislative framework.

We propose to remake the instruments for a period of five years.

RG 221 updates

The proposed updates to RG 221 reflect our commitment to maintain guidance that is simple to follow, effective, current and appropriate.

See ’Related links’ to download the draft updated RG 221 (Attachment 1 to CS 23) and a detailed summary of the proposed changes (Attachment 2 to CS 23).

Providing feedback

We invite feedback on our proposal to remake the electronic disclosure instruments and update RG 221. You should send your submission to rri.consultation@asic.gov.au by 5 pm AEST on Wednesday 6 August 2025.

You may choose to remain anonymous or use an alias when providing feedback. However, if you do remain anonymous, we will not be able to contact you to discuss your feedback should we need to.

We will not treat your feedback as confidential unless you specifically request that we treat the whole or part of it (such as any personal or financial information) as confidential.

Please see our privacy policy for more information on how we handle personal information, your rights to seek access to and correct personal information, and your right to complain about breaches of privacy by ASIC.

Feedback on CS 23

Released 3 December 2025

ASIC received 7 non-confidential submissions. We have summarised key feedback on the draft updated RG 221 and our responses, including how we have addressed the feedback in the final RG 221 where relevant.

Summary of feedback for CS 23 (PDF 232 KB)

Related links

Submissions

(non-confidential submissions)

  1. Association of Superannuation Funds of Australia (PDF 370 KB)
  2. Customer Owned Banking Association (PDF 258 KB)
  3. CBOE Australia (PDF 329 KB)
  4. Insurance Council of Australia (PDF 286 KB)
  5. Law Council of Australia (PDF 288 KB)
  6. Financial Services Council (PDF 291 KB)
  7. Super Member's Council (PDF 707 KB)