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CS 56 Proposed remake of exchange-traded derivative and securities-related instruments

simple consultation – 56

Released 22 June 2026. Comments close 20 July 2026.

ASIC is seeking feedback on our proposal to remake four legislative instruments, which provide relief related to exchange-traded derivatives and securities.

The proposed legislative instruments to be remade are:

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

We propose to remake the legislative instruments for a period of five years, with minor amendments. The effect of these instruments will remain unchanged when remade. The key changes include:

  • rewording the relief requirements in draft ASIC Corporations (Exchange-Traded Derivatives: Multiple Issuers) Instrument 2026/XX to improve clarity
  • updating the system and financial market references in draft ASIC Corporations (Securities: NZCDC Legal Title Transfer System) Instrument 2026/XX to reflect New Zealand Exchange Limited’s current operation, and
  • using market-neutral language and simplifying definitions in draft ASIC Corporations (Transfers of Division 3 Securities) Instrument 2026/XX.

The only proposed change to ASIC Corporations (Securities Lending Arrangements) Instrument 2021/821 is to extend the expiry date for a further five years.

See Related information for copies of the draft instruments.

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 5pm AEST on 20 July 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

Under the Legislation Act 2003, all legislative instruments automatically sunset after 10 years, unless ASIC takes action to preserve them.

ASIC Corporations (Exchange-Traded Derivatives: Multiple Issuers) Instrument 2016/883 modifies the Product Disclosure Statement (PDS) disclosure requirements in Part 7.9 of the Corporations Act 2001 (Corporations Act) for certain exchange-traded derivatives that are taken to be issued by an intermediary and a market participant. As a result, only the market participant is required to provide a PDS, and the intermediary’s disclosure obligations are modified. This instrument extended the relief that was originally provided in Class Order [CO 06/682] Multiple derivative issuers.

ASIC Corporations (Securities: NZ FASTER System) Instrument 2016/891 operates by providing targeted exemptions and modifications to Part 7.11 of the Corporations Act. As a result, securities transferred through New Zealand’s FASTER settlement system (now the NZCDC Legal Title Transfer system) are legally recognised in Australia. This instrument extended the relief that was originally provided in Class Order [CO 07/183] Transfer of Australian securities traded in New Zealand.

ASIC Corporations (Transfers of Division 3 Securities) Instrument 2016/893 provides that Division 3 of Part 7.11 of the Corporations Act and regulations made for the purposes of section 1073D apply to shares in, or debentures of, a foreign company that are quoted on the financial market operated by ASX Limited. This enables these securities to be transferred with the benefit of statutory warranties and indemnities. This instrument extended the relief that was originally provided in Class Order [CO 02/313] Part 7.11: Transfers of securities under Division 3.

ASIC Corporations (Securities Lending Arrangements) Instrument 2021/821 provides relief to persons engaged in securities lending in relation to the substantial holding provisions of Chapter 6C of the Corporations Act. This instrument extended the relief that was originally provided in Class Order [CO 11/272] Substantial holding disclosure: Securities lending and prime broking.

Related information

We have not included a draft of ASIC Corporations (Securities Lending Arrangements) Instrument 2021/821, because the only proposed change is to extend the expiry date for a further five years.