ASIC proposes to remake relief related to exchange-traded derivatives and securities

[Newsroom](https://www.asic.gov.au/newsroom) PrintShare - [X Opens in new window](https://twitter.com/intent/tweet?url=https%3A%2F%2Fwww.asic.gov.au%2Fabout-asic%2Fnews-centre%2Fnews-items%2Fasic-proposes-to-remake-relief-related-to-exchange-traded-derivatives-and-securities%2F&text=ASIC%20proposes%20to%20remake%20relief%20related%20to%20exchange-traded%20derivatives%20and%20securities) - [Facebook Opens in new window](https://www.facebook.com/sharer.php?u=https%3A%2F%2Fwww.asic.gov.au%2Fabout-asic%2Fnews-centre%2Fnews-items%2Fasic-proposes-to-remake-relief-related-to-exchange-traded-derivatives-and-securities%2F) - [LinkedIn Opens in new window](https://www.linkedin.com/shareArticle?mini=true&url=https%3A%2F%2Fwww.asic.gov.au%2Fabout-asic%2Fnews-centre%2Fnews-items%2Fasic-proposes-to-remake-relief-related-to-exchange-traded-derivatives-and-securities%2F) - [Email Opens in new window](mailto:?subject=ASIC%20proposes%20to%20remake%20relief%20related%20to%20exchange-traded%20derivatives%20and%20securities&body=An%20article%20from%20ASIC%3A%0D%0A%0D%0AASIC%20proposes%20to%20remake%20relief%20related%20to%20exchange-traded%20derivatives%20and%20securities%0D%0A%0D%0Ahttps%3A%2F%2Fwww.asic.gov.au%2Fabout-asic%2Fnews-centre%2Fnews-items%2Fasic-proposes-to-remake-relief-related-to-exchange-traded-derivatives-and-securities%2F) ASIC is seeking feedback on its proposal to remake four legislative instruments which provide relief related to exchange-traded derivatives and securities. The four legislative instruments, which are due to sunset in September and October 2026, are: - _[ASIC Corporations (Exchange-Traded Derivatives: Multiple Issuers) Instrument 2016/883](https://www.legislation.gov.au/F2016L01490/latest/text)_ - _[ASIC Corporations (Securities: NZ FASTER System) Instrument 2016/891](https://www.legislation.gov.au/F2016L01485/latest/text)_ - _[ASIC Corporations (Transfers of Division 3 Securities) Instrument 2016/893](https://www.legislation.gov.au/F2016L01479/latest/text)_, and - _[ASIC Corporations (Securities Lending Arrangements) Instrument 2021/821](https://www.legislation.gov.au/F2021L01333/latest/text)_. We have determined these instruments are operating effectively and continue to form a necessary and useful part of the legislative framework. ASIC proposes to remake the four legislative instruments for a period of five years, with minor amendments. The effect of these instruments will remain unchanged when remade. ## Providing feedback Feedback should be sent to [rri.consultation@asic.gov.au](mailto:rri.consultation@asic.gov.au?subject=CS%2025%20Proposed%20remake%20of%20disclosure%20relief%20for%20offers%20of%20foreign%20securities%20and%20interests%20to%20Australian%20investors) by **5pm AEST on Monday, 20 July 2026.** Refer to [CS 56 _Proposed remake of exchange-traded derivative and securities-related instruments_](https://www.asic.gov.au/regulatory-resources/find-a-document/consultations/cs-56-proposed-remake-of-exchange-traded-derivative-and-securities-related-instruments/ "CS 56 Proposed remake of exchange-traded derivative and securities-related instruments") for further detail. ## 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](https://www.legislation.gov.au/F2016L01490/latest/text)_ 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, so that 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 [\[CO 06/682\]](https://www.legislation.gov.au/F2006L04175/latest/text) _Multiple derivative issuers._ _[ASIC Corporations (Securities: NZ FASTER System) Instrument 2016/891](https://www.legislation.gov.au/F2016L01485/latest/text)_ operates by providing targeted exemptions and modifications to Part 7.11 of the Corporations Act so that 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 [\[CO 07/183\]](https://www.legislation.gov.au/F2007L03538/latest/text) _Transfer of Australian securities traded in New Zealand_. _[ASIC Corporations (Transfers of Division 3 Securities) Instrument 2016/893](https://www.legislation.gov.au/F2016L01479/latest/text)_ 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 [\[CO 02/313\]](https://www.legislation.gov.au/F2007B00370/latest/text) _Part 7.11: Transfers of securities under Division 3_. _[ASIC Corporations (Securities Lending Arrangements) Instrument 2021/821](https://www.legislation.gov.au/F2021L01333/latest/text)_ 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 [\[CO 11/272\]](https://www.legislation.gov.au/F2011L00607/latest/text) _Substantial holding disclosure: securities lending and prime broking_. **ASIC is Australia’s corporate, markets and financial services regulator.** ## Topics [financial markets](https://www.asic.gov.au/newsroom/search/?tag=financial%20markets)