Law Council of Australia

Business Law Section

ASIC Consultation Statement CS 46—Proposed remake of exchange-traded warrant related instruments

Submission Date: 25 March 2026

This submission is made by the Financial Services Committee (Committee) of the Business Law Section of the Law Council of Australia. It is in response to Consultation Statement 46 Proposed remake of exchange-traded warrant-related instruments (CS 46). CS 46 was issued by the Australian Securities and Investments Commission (ASIC) on 17 March 2026.

CS 46 proposes to remake ASIC Corporations (Margin Lending Relief for Exchange-Traded Instalment Warrants) Instrument 2021/194 (Instrument 2021/194) and ASIC Corporations (Exchange-Traded Warrants) Instrument 2016/886 (Instrument 2016/886) (together, the ASIC Instruments).

The Committee supports ASIC’s proposal to remake the ASIC Instruments and, in particular, the continuation of the existing relief under the ASIC Instruments.

Additionally, the Committee recommends that ASIC seek Treasury’s support for the relief under the ASIC Instruments to be replaced by the introduction of a permanent legislative exemption (Exemption) under the Corporations Regulations Act 2001 (Cth) as part of Treasury’s ongoing stewardship of its portfolio laws, and that:

  1. the Exemption be made as soon as possible after the ASIC Instruments are remade; and
  2. once the Exemption is made, the relief under the ASIC Instruments be discontinued.

Last Updated on 27/03/2026

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