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CS 63 Proposed updates to RG 265 and RG 266 and withdrawal of RG 241

simple consultation – 63

Released 24 September 2026. Comments close 5 November 2026.

We are seeking feedback on proposed updates to our guidance for securities and futures market participants as follows:

  • updates to Regulatory Guide 265 Guidance on ASIC market integrity rules for participants of securities markets (RG 265) and Regulatory Guide 266 Guidance on ASIC market integrity rules for participants of futures markets (RG 266), and
  • our proposal to move relevant guidance from Regulatory Guide 241 Electronic trading (RG 241) into RG 265 and RG 266 before retiring RG 241.

The draft updated guidance reflects amendments made to the ASIC market integrity rules for securities and futures markets – ASIC Market Integrity Rules (Securities Markets) 2017 and ASIC Market Integrity Rules (Futures Markets) 2017 – that we consulted on in Consultation Paper 386 Trading systems and automated trading (CP 386).

Proposed guidance changes

The proposed changes aim to:

  • update RG 265 and RG 266 to reflect the new market integrity rules for securities and futures markets
  • make guidance for market participants easier to find by consolidating RG 241 guidance into RG 265 and RG 266
  • align the guidance between RG 265 and RG 266 where applicable, and
  • simplify and clarify the updated sections of our existing guidance.

See attached draft updated RG 265 and RG 266, and summaries of the draft updated regulatory guides:

We have not issued a separate consultation paper for this consultation.

Marked-up market integrity rules

To assist participants in reviewing the proposed guidance changes, we have also attached marked-up compilations of the amended securities and futures market integrity rules. These compilations include changes to the rules following consultation with industry:

Note: Refer to the ASIC Market Integrity Rules (Securities Markets) Amendment Instrument 2026/574 and the ASIC Market Integrity Rules (Futures Markets) Amendment Instrument 2026/575 on the Federal Register of Legislation that make these amendments to the market integrity rules.

Providing feedback

We invite feedback on our proposed updates to RG 265 and RG 266, including:

  • whether our changes to guidance in draft RG 265 and draft RG 266 are sufficiently clear (contained in sections A–F and L), and
  • any suggested changes to our updated guidance (if so, please provide details).

Please send your submission to markets.consultation@asic.gov.au by 5 pm AEDT on 5 November 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

Following CP 386, we amended the market integrity rules for securities and futures markets in September 2026. The rules commence on 18 March 2028 following an 18-month transition period.

These amendments:

  • modernise trading system obligations to reflect current trading practices, technology and risks,
  • promote greater consistency between trading system obligations for securities and futures markets, and
  • clarify and reduce complexity in certain rules.

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