Released 20 January 2026. Comments close 20 February 2026.
We are seeking feedback on a proposal to extend the exemption for securitisation entities from holding an Australian financial services (AFS) licence.
ASIC Corporations (Securitisation Special Purpose Vehicles) Instrument 2016/272 (Instrument) is due to expire on 1 April 2026.
The Instrument 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 exempt from holding an AFS licence, or
- a wholesale client.
The Instrument will 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.
The draft replacement instrument is provided below.
A consultation paper was not issued for this consultation.
Providing feedback
We invite feedback on our proposal. You should send your submission to rri.consultation@asic.gov.au by 5 pm AEDT on Friday 20 February 2026.
You may choose to remain anonymous or use an alias when providing feedback. However, if you 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.
Background
Under the Legislation Act 2003, legislative instruments are repealed, or sunset, after 10 years, unless ASIC acts to preserve them.
Related links
Draft ASIC Corporations (Securitisation Special Purpose Vehicles) Instrument 2026/XXX (PDF 317 KB)