Law Council of Australia

Business Law Section

ASIC Simple Consultation CS 56—Proposed remake of exchange-traded derivative and securities-related instruments

Submission Date: 24 July 2026

This submission is made by the Financial Services Committee of the Business Law Section of the Law Council of Australia. It is in response to Consultation Statement 56 Proposed remake of exchange-traded derivative and securities-related instruments (CS 56). CS 56 was issued by the Australian Securities and Investments Commission (ASIC) on 22 June 2026.

CS 56 proposes to remake ASIC Corporations (Exchange-Traded Derivatives: Multiple Issuers) Instrument 2016/883, ASIC Corporations (Securities: NZ FASTER System) Instrument 2016/891, ASIC Corporations (Transfers of Division 3 Securities) Instrument 2016/893 and ASIC Corporations (Securities Lending Arrangements) Instrument 2021/821 (together, the ASIC Instruments).

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

Additionally, the Law Council recommends that ASIC seeks Treasury’s support for Parliament to make amendments to the Corporations Act 2001 (Cth) to include the relief under the ASIC Instruments in the substantive law.

Last Updated on 06/08/2026

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