Released 20 April 2026. Comments close 25 May 2026.
We are seeking feedback on our proposed updates to the following regulatory guides:
- Regulatory Guide 172 Financial markets: Domestic and overseas operators (RG 172)
- Regulatory Guide 249 Derivative trade repositories (RG 249), and
- Regulatory Guide 268 Licensing regime for financial benchmark administrators (RG 268).
These proposed updates are to ensure the currency of our guidance for financial market, derivative trade repository and benchmark administrator licensees:
Proposed amendments
Our proposed updates to RG 172, RG 249 and RG 268 seek to:
- reflect legislative reforms introduced by the Treasury Laws Amendment (Financial Market Infrastructure and Other Measures) Act 2024 in September 2024
- ensure our guidance is ‘market neutral’ for financial market licensees where relevant, and
- simplify and clarify our existing guidance where possible.
See Related information for a copy of draft updated RG 172, RG 249 and RG 268, and a summary of the proposed changes.
A consultation paper was not issued for this consultation.
Providing feedback
We invite feedback on our proposed updates to RG 172, RG 249 and RG 268, including:
- whether our guidance is sufficiently clear, and
- any suggested changes you may have to our guidance (if so, please provide details).
Please send your submission to submissions-fmi.reforms@asic.gov.au by 5 pm AEST on Monday 25 May 2026.
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.
Background
The financial market infrastructure (FMI) reforms implement the Council of Financial Regulators’ advice to government (PDF 1 MB) (July 2020).
The reforms:
- strengthen and streamline ASIC’s licensing, supervisory and enforcement powers over FMI licensees
- reallocate certain powers between the Minister and ASIC, and
- enhance ASIC powers over foreign entities operating FMIs with a significant Australian nexus to ensure they are subject to appropriate oversight.
Related information
ASIC consults on regulatory guide updates to implement financial market infrastructure reforms
Attachment 1: Summary of key changes (PDF 499 KB)
Attachment 2: Draft updated RG 172 (PDF 1.5 MB)