
ASIC Corporations (Miscellaneous Technical Relief) Instrument 2026/115
I, Kate Metz, delegate of the Australian Securities and Investments Commission, make the following legislative instrument.
Kate Metz
Contents
1 Name of legislative instrument....................................3
2 Commencement...............................................3
3 Authority....................................................3
4 Schedules....................................................3
5 Simplified outline of this instrument...............................3
6 Definitions...................................................3
Part 2—Declaration 4
7 Effect of licensing exemptions under section 926A of the Act...........4
8 Consequences of lodging or publishing a supplementary or replacement document 4
Part 3—Repeal 5
9 Repeal.......................................................5
This is the ASIC Corporations (Miscellaneous Technical Relief) Instrument 2026/115.
This instrument commences on the day after it is registered on the Federal Register of Legislation.
Note: The register may be accessed at www.legislation.gov.au.
This instrument is made under subsections 655A(1), 741(1), 926A(2) and 1020F(1) of the Corporations Act 2001.
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its term.
This instrument makes technical adjustments to the Act relating to the exemption from the requirement to hold an Australian financial services licence by inserting new subparagraphs in subsection 911A(2), paragraph 911B(1)(e) and section 1011B of the Act. These new provisions extend the operation of those sections to persons exempted under subsection 926A(2) of the Act.
This instrument also makes further machinery changes to the Act relating to the lodgement or publishing of supplementary or replacement documents. This change operates to extend the relevant sections to instruments made for those purposes, providing that references to the original document in an ASIC instrument include any supplementary or replacement document lodged or published after the original document.
In this instrument:
Act means the Corporations Act 2001.
(1) Part 7.6 of the Act (other than Divisions 4 and 8) applies in relation to persons that are exempt from the requirement to hold an Australian financial services licence in relation to one or more financial services as if that Part were modified or varied as follows:
(a) in subparagraph 911A(2)(a)(ii), after “service;”, insert “or”;
(b) after subparagraph 911A(2)(a)(ii), insert:
“(iii) is exempt from subsection (1) in relation to the provision of the service because of an exemption made under subsection 926A(2);”;
(c) before paragraph 911B(1)(e), insert:
“(da) if the principal (rather than the provider) provided the service, the principal would not need an Australian financial services licence covering the provision of the service because of an exemption made under subsection 926A(2);”;
(d) in paragraph 911B(1)(e), after “licence” insert “covering the provision of the service”.
Note: Paragraph 911B(1)(e) of the Act is also modified by regulation 7.6.02AH of the Corporations Regulations 2001.
(2) Part 7.9 of the Act applies in relation to persons that are exempt from the requirement to hold an Australian financial services licence in relation to one or more financial services as if that Part were modified or varied by, after paragraph (e)(iii) of the definition of regulated person in section 1011B, inserting:
“(iv) an exemption made under subsection 926A(2); or”.
(1) Chapter 6 of the Act applies to all persons as if the Chapter were modified or varied by, in section 646, omitting “this Chapter and Chapter 6B” and substituting “this Chapter, Chapter 6B and instruments made for the purposes of this Chapter”.
(2) Chapter 6D of the Act applies to all persons as if the Chapter were modified or varied by, in each of subsections 719(4) and (5), 719A(7) to (9) and 738W(8) and (9), after “this Chapter”, inserting “and instruments made for the purposes of this Chapter”.
(3) Part 7.9 of the Act applies in relation to financial products in relation to which a Product Disclosure Statement is required to be given as if that Part were modified or varied by, in section 1014J, after “this Act”, inserting “and instruments made for the purposes of this Act”.
This instrument is repealed at the start of 1 April 2031.
Schedule 1—Repeals
ASIC Corporations (Miscellaneous Technical Relief) Instrument 2015/1115
1 The whole of the instrument
Repeal the instrument.