Released 17 March 2026. Comments close 24 March 2026.
ASIC is seeking feedback on its proposal to remake two sunsetting legislative instruments which provide relief related to exchange-traded warrants.
The proposed legislative instruments to be remade are:
- ASIC Corporations (Margin Lending Relief for Exchange-Traded Instalment Warrants) Instrument 2021/194 due to sunset on 1 April 2026, and
- ASIC Corporations (Exchange-Traded Warrants) Instrument 2016/886 due to sunset on 1 October 2026.
We have assessed that the instruments are operating effectively and continue to form a necessary part of the legislative framework.
Under our proposal, the instruments will be remade with minor amendments to improve their clarity and ensure they are up to date and align with ASIC’s current drafting style. The key changes include:
- using market-neutral language
- simplifying the definitions and rewording the exemption in draft ASIC Corporations (Exchange-Traded Warrants) Instrument 2026/<Number> to improve its clarity, and
- removing definitions which are now contained in the Corporations Act 2001.
Draft replacement instruments are available under Related links 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 AEST on 24 March 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.
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Background
Under the Legislation Act 2003, legislative instruments are repealed, or ‘sunset’, after 10 years, unless ASIC acts to preserve them.
ASIC Corporations (Margin Lending Relief for Exchange-Traded Instalment Warrants) Instrument 2021/194 exempts certain types of exchange-traded instalment warrants from the margin lending obligations, that are ordinarily applicable to traditional margin loans. This instrument extended the relief that was originally provided in ASIC Class Order [CO 10/1034].
ASIC Corporations (Exchange-Traded Warrants) Instrument 2016/886 exempts the secondary sales of warrants quoted on declared financial markets from the disclosure requirements ordinarily applying to the issue of financial products. This instrument extended the relief that was originally provided in ASIC Class Order [CO 02/608] and ASIC Class Order [CO 03/957].