Released 5 June 2026. Comments close 17 July 2026.
ASIC is proposing to repeal ASIC Corporations (Uncontactable Members) Instrument 2016/187 before its scheduled sunset date of 1 October 2026.
We have assessed the instrument and found that it is no longer required, given changes to the Corporations Act 2001 (Corporations Act) introduced by the Treasury Laws Amendment (Modernising Business Communications and Other Measures) Act 2023.
Under s110JA of the Corporations Act, relief is now provided from the requirement to send certain documents, including annual reports, if a member is uncontactable. In s110F(4A), situations where there is no current address for sending documents in an elected manner are addressed.
In addition, the relief in ASIC Instrument 2016/187 is not currently operative as it requires member elections to be made under provisions of the Corporations Act that have been repealed.
While we expect that most entities will be covered by the relief in s110JA and 110F(4A) of the Corporations Act, any entities not captured by these provisions may apply to ASIC for individual relief in accordance with Regulatory Guide 43 Financial reporting and audit relief (RG 43).
A consultation paper was not issued for this consultation.
Providing feedback
We invite feedback on our proposal from interested stakeholders. You should send your submission to rri.consultation@asic.gov.au by 5 pm AEST on Friday 17 July 2026.
You can 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
ASIC Instrument 2016/187 provided relief to companies, registered schemes, disclosing entities and foreign notified passport funds from obligations to provide annual reports to a member if that member is uncontactable. The relief was subject to certain requirements being satisfied.
Related links
- News item: ASIC proposes to withdraw financial reporting relief for uncontactable members (5 June 2026)