Australian Securities and Investments Commission – Table of regulatory documents 
Documents released during July–December 2019

New regulatory guides
Title	Release Date	Details	Media release and related documents	
RG 270 Whistleblower policies	13/11/2019	This guide is for entities that must have a whistleblower policy under the Corporations Act—public companies, large proprietary companies and proprietary companies that are trustees of registrable superannuation entities. It gives guidance to help these entities establish a whistleblower policy that complies with their legal obligations. It also contains our good practice guidance on implementing and maintaining a whistleblower policy. 
This guide will also help entities that are not required to have a whistleblower policy but are required to manage whistleblowing in accordance with the Corporations Act.  	MR 19-308
LI 19/1146
REP 635	

Amended or reissued regulatory guides
Title	Release Date	Details	Media release and related documents	
RG 216 Markets Disciplinary Panel	7/8/2019	This guide is for those who are subject to the market integrity rules—principally, market participants.
It explains the disciplinary framework for the market integrity rules, the function of the Markets Disciplinary Panel (MDP), and the policies that the MDP will take into account when making decisions about alleged contraventions of the market integrity rules.
Updated to simplify and streamline the Markets Disciplinary Panel’s (MDP) policies and procedures. Incorporates content previously contained in Regulatory Guide 225 Markets Disciplinary Panel practices and procedures (RG 225).	MR 19-204
SRG 216
REP 624	
RG 228 Prospectuses: Effective disclosure for retail investors	12/8/2019	This guide is for issuers and advisers. It explains how to word and present prospectuses and other documents in a ‘clear, concise and effective’ manner. 
This guide also sets out our guidance about how to prepare prospectuses that satisfy the content requirements in s710 of the Corporations Act.
Updated to clarify the application of ASIC’s existing regulatory guidance to the disclosure of climate-change-related risks and opportunities.	MR 19-208
RG 228
INFO 203	
RG 247 Effective disclosure in an operating and financial review	12/8/2019	This guide is for listed entities and their directors.
It sets out our guidance for directors on providing useful and meaningful information to shareholders or unit holders when preparing an operating and financial review (OFR) in a directors’ report.
Updated to clarify the application of ASIC’s existing regulatory guidance to the disclosure of climate-change-related risks and opportunities.	MR 19-208
RG 247
INFO 203	
RG 125 Share and interest purchase plans

	30/8/2019	This guide is for: 
•	ASX-listed companies, their advisers and investors involved in offers of shares under share purchase plans; and 
•	ASX-listed managed investment schemes, their advisers and investors involved in offers of interests under interest purchase plans. 
It explains the conditional relief we have given to allow offers of shares or interests to existing holders without a prospectus or a Product Disclosure Statement (PDS).
Updated to reflect remade relief in Class Order [CO 09/425] Share and interest purchase plans, which was due to expire (‘sunset’) on 1 October 2019.	MR 19-233
REP 629
LI 19/547
SLI 19/548	
RG 109 Assetless Administration Fund: Funding criteria and guidelines	30/9/2019	This guide is for registered liquidators appointed under Ch 5 of the Corporations Act as a liquidator in a creditors’ voluntary winding up or a court-ordered winding up of a company.
It outlines:
•	ASIC’s approach to, and criteria for, funding liquidator investigations, reports and actions from the Assetless Administration Fund (AA Fund);
•	how to apply for funding from the AA Fund, including guidance on completing an application form; and
•	what to include in a funded supplementary s533 report.
The guidance is updated for:
•	an increase in the amount that will be funded to provide a report for a possible director banning (increased to $10,500 excl GST)
•	changes to the law, including updating Appendix 10: Allegations of possible misconduct – substantiation guide, and
•	changes to the requirement to obtain creditor approval before a liquidator can draw remuneration from funding for liquidator actions to recover assets.	No MR
Appendices 1-12 (Sample forms and examples, and guides etc) 	
RG 97 Disclosing fees and costs in PDSs and periodic statements	29/11/2019	This guide is for issuers of most superannuation products and managed investment products and operators of notified foreign passport fund products issued to retail clients, which are required to make disclosure in accordance with the enhanced fee disclosure regulations.
It provides guidance on how to disclose fees and costs in Product Disclosure Statements (PDSs) and periodic statements.	MR 19-328
LI 19/1070
LI 19/1071
REP 637
REP 638
Withdrawn: INFO 197	
RG 38 The hawking prohibitions	4/12/2019	This guide is for people who offer financial products for issue or sale during or following an unsolicited meeting or telephone call.
It gives guidance on some issues they should consider when complying with the hawking prohibitions under the Corporations Act.	MR 19-335
LI 19/839
REP 640	
RG 209 Credit licensing: Responsible lending conduct	9/12/2019	This is a guide for credit licensees and credit applicants.
It sets out ASIC’s views on what the responsible lending obligations in Ch 3 of the National Consumer Credit Protection Act 2009 (National Credit Act) require, and steps you can take to minimise the risk of non-compliance with these obligations.	MR 19-342
REP 643
Navigation guide	

Legislative instruments
Title	Dates	Details	Media release and related documents	
ASIC Corporations (Share and Interest Purchase Plans) Instrument 2019/547	Issued 26/8/2019
Registered 28/8/2019: F2019L01114
Effective 29/8//2019 (day after registration)	ASIC Corporations (Share and Interest Purchase Plans) Instrument 2019/547 remakes the share and interest purchase plan disclosure relief provided by Class Order [CO 09/425] Share and interest purchase plans which was due to sunset. Share and interest purchase plans can be offered by entities to their existing holders without the provision of a disclosure document under Ch 6D or Pt 7.9 of the Corporations Act, provided that certain conditions are met.	MR 19-233
RG 125
REP 629
LI 19/548	
ASIC Corporations (Amendment and Repeal) Instrument 2019/548	Issued 26/8/2019
Registered 28/8/2019: F2019L01115
Effective 29/8//2019 (day after registration)
Automatic repeal under s48A Legislation Act	ASIC Corporations (Amendment and Repeal) Instrument 2019/548 repeals Class Order [CO 09/425] Share and interest purchase plans and further omits and amends references to [CO 09/425] in other class orders and instruments, due to the remaking of the relief in new legislative instrument ASIC Corporations (Share and Interest Purchase Plans) Instrument 2019/547.	MR 19-233
RG 125
REP 629
LI 19/547	
ASIC Corporations (Amendment) Instrument 2019/902	Issued 4/9/2019
Registered 5/9/2019: F2019L01144
Gazetted 10/9/2019: ASIC Gazette A38/19
Effective 10/9//2019 (later of gazettal or day after registration)
Automatic repeal under s48A Legislation Act	ASIC Corporations (Amendment) Instrument 2019/902 amends:
•	ASIC Corporations (Repeal and Transitional) Instrument 2016/396
•	ASIC Corporations (CSSF-Regulated Financial Services Providers) Instrument 2016/1109
•	ASIC Corporations (Foreign Financial Services Providers—Limited Connection) Instrument 2017/182	MR 19-247	
ASIC Market Integrity Rules (Securities Markets) Repeal Instrument 2019/897	Issued 4/9/2019
Registered 6/9/2019: F2019L01148
Effective 4/10//2019 (later of 4 October 2019 or 20 business days after registration)
	ASIC Market Integrity Rules (Securities Markets) Repeal Instrument 2019/897 repeals ASIC Market Integrity Rules (Securities Markets) Determination 2019/536 which has been replaced by ASIC Market Integrity Rules (Securities Markets) Determination 2019/896 .	No MR
DET 19/896	
ASIC Corporations (Amendment) Instrument 2019/900	Issued 4/9/2019
Registered 5/9/2019: F2019L01145
Effective 6/9//2019 (day after registration)
Automatic repeal under s48A Legislation Act	ASIC Corporations (Amendment) Instrument 2019/900 amends ASIC Corporations (Managed investment product consideration) Instrument 2015/847 to omit and amend a reference to [CO 09/425] Share and interest purchase plans due to the remaking of the relief in the new legislative instrument ASIC Corporations (Share and Interest Purchase Plans) Instrument 2019/547 .	No MR	
ASIC Corporations (Changing Scheme Constitutions) Instrument 2019/700	Issued 12/9/2019
Registered 12/9/2019: F2019L01185
Effective 13/9//2019 (day after registration)	ASIC Corporations (Changing Scheme Constitutions) Instrument 2019/700 continues the relief under ASIC Class Order [CO 09/552] Changing scheme constitutions, which deals with changing the constitution of a registered scheme, with minor changes only.[CO 09/552] was due to expire (‘sunset’) on 1 October 2019.	MR 19-252
SLI 19/885	
ASIC Corporations (Repeal) Instrument 2019/885	Issued 12/9/2019
Registered 13/9/2019: F2019L01187
Effective 14/9//2019 (day after registration)
Automatic repeal under s48A Legislation Act	ASIC Corporations (Repeal) Instrument 2019/885 repeals the relief under ASIC Class Order [CO 09/552] Changing scheme constitutions. The relief under [CO 09/552] is continued with minor changes in ASIC Corporations (Changing Scheme Constitutions) Instrument 2019/700.	MR 19-252
LI 19/700	
ASIC Corporations (Amendment) Instrument 2019/784	Issued 13/9/2019
Registered 17/9/2019: F2019L01206
Effective 18/9/2019 (day after registration)
Automatic repeal under s48A Legislation Act	ASIC Corporations (Amendment) Instrument 2019/784 amends the following legislative instruments to grant relief which will facilitate quotation and trading of managed funds on the Chi-X market:
•	ASIC Corporations (Short Selling) Instrument 2018/745
•	[CO 13/655] Provisions about the amount of consideration to acquire interests and withdrawal amounts not covered by ASIC Corporations (Managed investment product consideration) Instrument 2015/847
•	[CO 13/721] Relief to facilitate quotation of exchange traded funds on the AQUA Market
•	[CO 13/1200] Periodic statements relief for AQUA quoted and listed managed investment scheme manager	None	
ASIC Corporations (Unclaimed Superannuation—Former Temporary Residents) Instrument 2019/873	Issued 18/9/2019
Registered 18/9/2019: F2019L01213
Effective 19/9/2019 (day after registration)
Automatic repeal under s48A Legislation Act	ASIC Corporations (Unclaimed Superannuation—Former Temporary Residents) Instrument 2019/873 replaces [CO 09/437] Departed former temporary residents’ superannuation – disclosure relief, which was due to sunset, and continues the relief given by [CO 09/437] with a minor policy change.	MR 19-259
SLI 19/874	
ASIC Corporations (Repeal) Instrument 2019/874	Issued 18/9/2019
Registered 18/9/2019: F2019L01214
Effective 19/9/2019 (day after registration)
Automatic repeal under s48A Legislation Act	ASIC Corporations (Repeal) Instrument 2019/874 repeals the following class orders were due to sunset and have been replaced by ASIC Corporations (Unclaimed Superannuation—Former Temporary Residents) Instrument 2019/873:
•	[CO 09/210] Intra-fund superannuation advice; and
•	[CO 09/437] Departed former temporary residents’ superannuation – disclosure relief.	MR 19-259
LI 19/873	
ASIC Corporations and Credit (Internal Dispute Resolution – Transitional) Instrument 2019/965	Issued 24/9/2019
Registered 26/9/2019: F2019L01274
Effective 27/9/2019 (day after registration)
Automatic repeal under s48A Legislative Act	ASIC Corporations and Credit (Internal Dispute Resolution – Transitional) Instrument 2019/965 continues ASIC's existing policy in relation to approved standards and requirements for an internal dispute resolution (IDR) procedure until 30 June 2020, pending the finalisation of ASIC’s new policy on IDR.	None
SLI 19/966	
ASIC Corporations and Credit (Repeal) Instrument 2019/966	Issued 24/9/2019
Registered 26/9/2019: F2019L01275
Effective 27/9/2019 (day after registration)
Automatic repeal under s48A Legislative Act	ASIC Corporations and Credit (Repeal) Instrument 2019/966 repeals the following class orders:
•	[CO 09/339] Internal dispute resolution procedures
•	[CO 10/250] Internal dispute resolution procedures (credit)
•	[CO 10/517] Internal dispute resolution (credit - unlicensed COI lenders)	None
LI 19/965	
ASIC Corporations (Amendment) Instrument 2019/933	Issued 24/9/2019
Registered 30/9/2019: F2019L01289
Effective 1/10/2019 (day after registration)
Automatic repeal under s48A Legislative Act	ASIC Corporations (Amendment) Instrument 2019/933 amends the definition of 'custodial and depository service' in ASIC Corporations (Share and Interest Purchase Plans) Instrument 2019/547.	None	
ASIC Corporations (Amendment) Instrument 2019/958	Issued 1/10/2019
Registered 1/10/2019: F2019L01301
Effective 1/10/2019 (Section 2)
Automatic repeal under s48A Legislative Act	ASIC Corporations (Amendment) Instrument 2019/958 amends the ASIC Corporations (Derivative Transaction Reporting Exemption) Instrument 2015/844 to provide conditional continued time-limited exemptive relief for the industry for three elements of relief ('Entity Information', 'Privacy – Consent for historical counterparties' and 'Privacy – Foreign privacy restrictions').	None	
ASIC Corporations (Amendment) Instrument 2019/1037	Issued 21/10/2019
Registered 23/10/2019: F2019L01365
Effective 24/10/2019
Automatic repeal under s48A Legislative Act	ASIC Corporations (Amendment) Instrument 2019/1037 amends ASIC Corporations (Share and Interest Purchase Plans) Instrument 2019/547 by inserting the term "of" into the definition of 'custodian' and substituting "(5)" for "(4)" at paragraph 8(1)(c).	None	
ASIC Corporations (Amendment) Instrument 2019/1056	Issued 28/10/2019
Registered 29/10/2019: F2019L01377
Effective 30/10/2019
Automatic repeal under s48A Legislative Act	This instrument amends Class Order [CO 14/443] Deferral of choice product dashboard and portfolio holdings disclosure regimes to extend the first reporting date for Portfolio Holdings Disclosure from 31 December 2019 to 31 December 2020.	MR 19-295	
ASIC Corporations (Amendment) Instrument 2019/1145	Issued 8/11/2019
Registered 14/11/2019: F2019L01456
Effective 15/11/2019
Automatic repeal under s48A Legislative Act	ASIC Corporations (Amendment) Instrument 2019/1145 amends ASIC Corporations (Professional Standards—Transitional) Instrument 2018/894.	MR 19-319	
ASIC Corporations (Whistleblower Policies) Instrument 2019/1146	Issued 13/11/2019
Registered 14/11/2019: F2019L01457
Effective 15/11/2019	This instrument provides relief to public companies limited by guarantee that operate on a not-for-profit basis and have annual consolidated revenue of less than $1 million from the requirement to have a whistleblower policy under s1317AI(1) of the Corporations Act.	MR 19-308
RG 270
REP 635	
ASIC (Supervisory Cost Recovery Levy—Regulatory Costs) Instrument 2019/1160	Issued 20/11/2019
Registered 21/11/2019: F2019L01486 
Effective: See section 2 of this instrument	This instrument specifies the Australian Securities and Investments Commission's regulatory costs and their attribution to each subsector for the 2018-19 financial year. See also ASIC (Supervisory Cost Recovery Levy—Annual Determination) Instrument 2019/1161, under ‘Determinations’ below.	No MR	
ASIC Corporations (Disclosure of Fees and Costs) Instrument 2019/1070	Issued 27/11/2019
Registered 29/11/2019: F2019L01525
Effective 30/11/2019	This instrument modifies the requirements that govern the disclosure of fees and costs in Product Disclosure Statements and periodic statements for superannuation products and collective investment products covered by Division 4C of Part 7.9 of the Corporations Regulations 2001. The instrument gives effect to proposals for changes to these fees and costs disclosure requirements that emerged following ASIC Report 581 and ASIC Consultation Paper 308.	MR 19-328
RG 97
LI 19/1071
REP 637
REP 638	
ASIC Corporations (Amendment) Instrument 2019/1071	Issued 27/11/2019
Registered 29/11/2019: F2019L L01524
Effective 30/11/2019	This instrument amends ASIC Class Order [CO 14/1252] in relation to the fee and costs disclosure requirements for superannuation products and collective investment products covered by Division 4C of Part 7.9 of the Corporations Regulations 2001. The changes include specifying dates and periods to which the class order no longer applies. Those dates and periods align with the dates and periods to which the ASIC Corporations (Disclosure of Fees and Costs) Instrument 2019/1070 begins to apply.	MR 19-328
RG 97
LI 19/1070
REP 637
REP 638	
ASIC Corporations (Hawking—Life Risk Insurance and Consumer Credit Insurance) Instrument 2019/839	Issued 27/11/2019
Registered 4/12/2019: F2019L L01570
Effective 13/1/2020	This instrument prohibits a person making an offer to issue or sell a life risk insurance product or consumer credit insurance product to a retail client in the course of, or because of, an unsolicited telephone call unless the person, or another person acting on their behalf, has provided personal advice to the client in relation to the product.	MR 19-335
RG 38
REP 640	
ASIC Market Integrity Rules (Securities Markets) Repeal Instrument 2019/1227	Issued 5/12//2019 
Registered 6/12/2019: F2019L01592 
Effective 8/1//2020 (later of 8 January 2020 or 20 business days after registration)	ASIC Market Integrity Rules (Securities Markets) Repeal Instrument 2019/1227 repeals the ASIC Market Integrity Rules (Securities Markets) Determinations 2019/896, which will be superseded by the ASIC Market Integrity Rules (Securities Markets) Determination 2019/1226. See also ASIC Market Integrity Rules (Securities Markets) Determination 2019/1226 under ‘Determinations’ below.	None	
ASIC Corporations (Banking Code of Practice – Revocation of June 2019 Approval) Instrument 2019/1254	Issued 13/12/2019
Registered 17/12/2019
Effective 1/3/2020	This instrument revokes the Australian Securities and Investments Commission's approval of an earlier version of the Banking Code of Practice (1 July 2019 version), which ASIC had approved by way of ASIC Corporations (Approval of Banking Code of Practice) Instrument 2019/663.	MR 13-358
LI 19/1255	
ASIC Corporations (Approval of March 2020 Banking Code of Practice) Instrument 2019/1255	Issued 13/12/2019
Registered 17/12/2019
Effective 18/12/2019	This instrument approves the March 2020 Banking Code of Practice.	MR 13-358
LI 19/1254	

Consultation papers
Title	Release Date	Details	Media release and related documents	
CP 315 Foreign financial services providers: Further consultation	3/7/2019
	This paper is for foreign financial services providers (FFSPs) that wish to provide financial services in Australia to wholesale clients or professional investors only. It seeks feedback on our proposal to introduce Australian financial services (AFS) licensing relief for FFSPs known as the ‘funds management’ relief to allow FFSPs to provide relevant services to professional investors in Australia. We will proceed with repealing ‘limited connection’ relief as we have previously proposed.
We are not currently proposing to give AFS licensing relief to allow FFSPs to provide financial services to professional investors in Australia where the investor initiates an inquiry about the service (‘reverse solicitation’ relief). This paper seeks feedback on this issue.
Note: This paper attaches draft updated Regulatory Guide 176 Foreign financial services providers (Attachment 1), draft ASIC Corporations (Foreign Financial Services Providers—Funds Management Financial Services) Instrument 2019/XXX (Attachment 2) and draft ASIC Corporations (Foreign Financial Services Providers—Foreign AFS Licensees) Instrument 2019/XXX (Attachment 3). These attachments are available on our website at www.asic.gov.au/cp under CP 315.	MR 19-171
Attachment 1 to CP 315 (Draft regulatory guide)
Attachment 2 to CP 315 (Draft legislative instrument)
Attachment 3 to CP 315 (Draft legislative instrument)	
CP 316 Using the product intervention power: Short term credit	9/7/2019	This consultation paper sets out ASIC’s proposal for using our product intervention power in Pt 7.9A of the Corporations Act 2001 (Corporations Act) in relation to short term credit. We are seeking the views of interested stakeholders, including industry and consumers, on our proposal.	MR 19-177
Attachment to CP 316: Draft legislative instrument	
CP 318 Remaking ASIC class order on departed former residents’ superannuation: [CO 09/437]	10/7/2019	This consultation paper sets out ASIC’s proposal to remake, without significant changes, Class Order [CO 09/437] Departed former temporary residents superannuation—Disclosure relief. This provides conditional relief to the trustees of superannuation funds from the obligation to provide certain disclosures to former temporary residents when their benefits are compulsorily transferred to the ATO as unclaimed. 
Note: The draft ASIC instrument is available on our website at www.asic.gov.au/cp under CP 318.	MR 19-178
Attachment to CP 318: Draft legislative instrument	
CP 317 Unsolicited telephone sales of direct life insurance and consumer credit insurance	18/7/2019	This consultation paper is for insurers and Australian financial services (AFS) licensees who sell life insurance or consumer credit insurance (CCI) without providing personal advice, as well as other interested parties.
It seeks feedback on our proposal to ban unsolicited telephone sales of life insurance and CCI when only general advice or no advice is given.	MR 19-188	
CP 319 Securities lending by agents and substantial holding disclosure	29/7/2019	We are seeking to improve substantial holding disclosure by agents involved in securities lending (agent lenders).
This paper explains how the concept of relevant interest in s608 and 609 of the Corporations Act applies to agent lending and the substantial holding disclosure requirements in s671B. 
We are seeking feedback on whether we should give relief to agent lenders that is consistent with our policy in Regulatory Guide 222 Substantial holding disclosure: Securities lending and prime broking and the relief provided under Class Order [CO 11/272]. 
Note: We are proposing to replace [CO 11/272] with a legislative instrument that includes all the relief currently in [CO 11/272] plus our proposed relief for agent lenders. The draft instrument is available on our website at www.asic.gov.au/cp under CP 319.	MR 19-193
Attachment to CP 319: Draft legislative instrument	
CP 320 Remaking ASIC class order on changing scheme constitutions: [CO 09/552]	2/8/2019	This consultation paper sets out ASIC’s proposal to remake our class order which modifies the requirements under the Corporations Act 2001 regarding changing the constitutions of registered schemes. Under the Legislation Act 2003, this class order will expire (‘sunset’) on 1 October 2019 if not remade.
We are seeking feedback from responsible entities of registered schemes, law firms, industry and other interested people on our proposal to remake, without significant changes, Class Order [CO 09/552] Changing scheme constitutions.
Note: The draft ASIC instrument is available on our website at www.asic.gov.au/cp under CP 320.	MR 19-200
Attachment to CP 319: Draft legislative instrument	
CP 321 Whistleblower policies	7/8/2019	This consultation paper seeks feedback on our proposed guidance for entities that must have a whistleblower policy—public companies, large proprietary companies and proprietary companies that are trustees of registrable superannuation entities. 
Our proposed guidance will help these entities establish, implement and maintain a whistleblower policy that complies with their obligations under the revised corporate sector whistleblowing regime in Pt 9.4AAA of the Corporations Act. 
This paper also seeks feedback on whether ASIC should provide legislative relief to public companies that are small not-for-profits or charities.
We are seeking feedback from entities, their advisers and other interested stakeholders.
Note: The draft regulatory guide (draft RG 000), which is attached to this paper, is available on our website at www.asic.gov.au/cp under CP 321.	MR 19-205
Attachment to CP 321: Draft regulatory guide	
CP 322 Product intervention: OTC binary options and CFDs	22/8/2019	This paper sets out ASIC’s proposals to exercise its product intervention power in Pt 7.9A of the Corporations Act to make certain market-wide product intervention orders relating to the issue and distribution of over-the-counter (OTC) binary options and contracts for difference (CFDs) to retail clients. 
We are seeking the views of consumers, product issuers and other interested stakeholders on our proposed orders. 
Note: The draft market-wide product intervention orders are on our website under CP 322.	MR 19-220
REP 627
Attachment 1 to CP 322: Draft instrument – binary options
Attachment 2 to CP 322: Draft instrument - CFDs	
CP 323 Review of school banking programs	30/9/2019	This consultation paperseeks the public’s view of school banking programs as part of its ongoing review of their use and impact in primary schools (refer: MR 18-313).
Through this review into school banking, ASIC is seeking to better understand: 
•	how these programs are implemented
•	how they are marketed to school communities
•	how students are engaging with these programs, and
•	the type of accounts established through these programs while they are at school and in later years.	MR 19-266	
CP 324 Product intervention: The sale of add-on financial products through caryard intermediaries	1/10/2019	This consultation paper sets out ASIC’s proposal for using our product intervention power in Pt 7.9A of the Corporations Act in relation to the distribution of add-on insurance and warranties by caryard intermediaries. 
The proposal complements the concurrent consultation by the Australian Government: see Treasury, Reforms to the sale of add-on insurance products issued in September 2019.
This paper follows on from ASIC’s Consultation Paper 294 The sale of add-on insurance and warranties through caryard intermediaries (CP 294), which sought views on whether or not a deferred sales model should be introduced for the sale of add-on financial products through caryard intermediaries.
We are seeking the views of all parties and interested stakeholders affected by our proposed order.	MR 19-267
Attachment to CP 324: Draft instrument	
CP 325 Product design and distribution obligations	19/12/2019	This paper sets out ASIC’s proposals for guidance on the design and distribution obligations in Pt 7.8A of the Corporations Act. It also sets out additional proposals relating to our administration of the design and distribution regime. We are seeking the views of interested stakeholders, including industry and consumers, on our proposals.	MR 19-369
Attachment to CP 325: Draft RG	

Reports

Title	Release Date	Details	Media release and related documents	
REP 621 Roadblocks and roundabouts: A review of car insurance claim investigations	4/7/2019	ASIC reviewed how general insurers investigate comprehensive car insurance claims where fraud is suspected. We found that insurers are investigating some claims in ways that are causing significant consumer harm, eroding trust in insurance and without fair process.	MR 19-172
	
REP 622 Consumer credit insurance: Poor value products and harmful sales practices	11/7/2019	Consumer credit insurance (CCI) provides cover for consumers if they are unable to meet their minimum loan repayments due to unemployment, sickness or injury or to pay the outstanding loan balance upon death. CCI is optional and usually sold by lenders to consumers with a credit card, personal loan or home loan. 
ASIC has long been concerned about sales practices for CCI, which have resulted in poor outcomes for consumers. We reviewed the sale of CCI by lenders, for the period 2011 to 2018, and found that CCI sales practices and product design are still delivering poor outcomes for consumers. 
This report confirms the standards we expect of lenders who sell CCI and insurers who design the products and handle claims. ASIC expects lenders and insurers to meet these standards or cease selling CCI until they do. New products must meet the standards before being sold.	MR 19-180	
REP 623 Review of Australian equity market cleanliness: 1 November 2015 to 31 October 2018	31/7/2019	A recent review by ASIC found Australian equity markets continue to operate with a high degree of integrity.
Report 623 Review of Australian equity market cleanliness: 1 November 2015 to 31 October 2018 (REP 623) examines market cleanliness for the period, with a focus on insider trading and information leaks ahead of material market announcements. It extends ASIC’s work in Report 487 Review of Australian equity market cleanliness (REP 487), which found an overall improvement in market cleanliness over the 10 years to 31 October 2015.	MR 19-197	
REP 624 Response to submissions on CP 306 Markets Disciplinary Panel	7/8/2019	This report highlights the key issues that arose out of the submissions received on Consultation Paper 306 Markets Disciplinary Panel (CP 306) and details our responses to those issues.	MR 19-204
RG 216
SRG 225	
REP 625 ASIC Enforcement Update January to June 2019	18/8/2019	This report outlines key actions taken over the past six months to enforce the law and support our enforcement.
The report covers ongoing areas of focus, including a foreword from ASIC Deputy Chair Daniel Crennan QC discussing ASIC’s Office of Enforcement and new laws to further strengthen ASIC’s enforcement powers.	MR 19-213	
REP 626 Consumer detriment from OTC binary options and CFDs	22/8/2019	This report provides a snapshot of the market for over-the-counter (OTC) binary options and contracts for difference (CFDs), a description of the consumer detriment we have observed and ASIC’s proposed actions to address it.	MR 19-220
CP 322
Attachment 1 to CP 322: Draft instrument – binary options
Attachment 2 to CP 322: Draft instrument - CFDs	
REP 627 Financial advice: What consumers really think	26/8/2019	This report summarises the results of some preliminary research we commissioned into what consumers think about financial advice. 
The research explored overall use of financial advisers, motivators and barriers to seeking personal advice, and consumer attitudes towards the financial advice industry. 
In 2020–21, we will be conducting further research to explore whether there is a problem with unmet advice needs in Australia.	MR 19-223	
REP 628 Looking for a mortgage: Consumer experiences and expectations in getting a home loan	29/8/2019	This report is for lenders, mortgage brokers, consumer advocates, industry associations and other participants.
It sets out the findings from consumer research commissioned by ASIC to better understand consumer experiences and expectations when taking
out home loans.	MR 19-232	
REP 629 Response to submissions on CP 304 Share and interest purchase plans	30/8/2019	This report highlights the key issues that arose out of the submissions received on Consultation Paper 304 Remaking ASIC class order on share and interest purchase plans: [CO 09/425] (CP 304) and details our responses to those issues.	MR 19-233
RG 125
LI 19/547
SLI 19/548	
REP 630 ASIC regulation of corporate finance: January to June 2019	23/9/2019	This report is for companies, lawyers, corporate advisers and compliance professionals working in corporate finance. 
It discusses our key observations for the period from 1 January 2019 to 30 June 2019, and our areas of focus for the next six months.	MR 19-261	
REP 631 Director and officer oversight of non‑financial risk report	2/10/2019	This report sets out ASIC’s observations on director and officer oversight of non-financial risk. It considers how directors and officers of large and complex financial services companies are discharging their duties in relation to oversight and monitoring of non-financial risk, and highlights ways that governance practices could be improved.	MR 19-271	
REP 632 Disclosure: Why it shouldn’t be the default	14/10/2019	Financial services disclosure has traditionally been assumed to inform us (as consumers), help us make ‘good’ financial decisions, and drive competition.
This report focuses on the real-world context in which disclosure operates. It shows that, and explains why, disclosure and warnings can be less effective than expected, or even ineffective, in influencing consumer behaviour. In some instances it shows that disclosure and warnings can backfire, contributing to consumer harm.
The report is a joint publication by the Australian Securities and Investments Commission (ASIC) and the Dutch Authority for Financial Markets (AFM). Both of these regulators have, over a number of years, identified limitations to disclosure in their respective retail financial services markets.  Although the Australian and the Dutch financial markets and regulatory regimes differ, there is also much common ground.	MR 19-279	
REP 633 Holes in the safety net: A review of TPD insurance claims	17/10/2019	This report summarises the findings and recommendations from ASIC’s thematic review of total and permanent disability (TPD) insurance in Australia.
In particular, it reviews outcomes for consumers, claims handling practices, the role of data in managing the risk of consumer harm, and our findings on insurers with higher than predicted rates of declined claims.	MR 19-281
[Executive summary
Infographics]	
REP 634 Market assessment report: Bloomberg Tradebook Australia	23/10/2019	This report outlines the findings of our assessment of the markets operated by Bloomberg Tradebook Australia Pty Ltd (BTA). We have reviewed BTA’s compliance with its obligations as a market licensee under the Corporations Act, focusing on governance, supervision and enforcement, and systems and controls.
This report makes several recommendations designed to improve BTA’s arrangements in those three areas. A number of the recommendations will be relevant to other specialised market operators regulated by ASIC, particularly those that outsource key business functions.	MR 19-288	
REP 635 Response to submissions on CP 321 Whistleblower policies	13/11/2019	This report highlights the key feedback from the submissions received on Consultation Paper 321 Whistleblower policies (CP 321) and details our responses to that feedback	MR 19-308
RG 270
LI 19/1146	
REP 636 Compliance with the fee disclosure statement and renewal notice obligations	28/11/2019	This report summarises ASIC’s review of compliance with the fee disclosure statement and renewal notice obligations by a sample of AFS licensees and their representatives.	MR 19-325	
REP 637 Response to submissions on CP 308 	29/11/2019	This report highlights the key issues that arose out of the submissions received on Consultation Paper 308 Review of RG 97 Disclosing fees and costs in PDSs and periodic statements (CP 308) and details our responses to those issues.	MR 19-328
RG 97
LI 19/1070
LI 19/1071
REP 638	
REP 638 Consumer testing of the fees and costs tools for superannuation and managed investment schemes	29/11/2019	This report was commissioned by ASIC and produced by Susan Bell Research.
It sets out the results of consumer testing that was conducted to find out whether proposed changes to the way that fees and costs are disclosed in	MR 19-328
RG 97
LI 19/1070
LI 19/1071
REP 637	
REP 639 Financial advice by superannuation funds	3/12/2019	ASIC has undertaken a project to examine:
•	the ways in which superannuation funds provide financial advice to members (survey); and
•	the overall quality of personal financial advice provided to members of those funds (advice review).
This report summarises the findings of our work and provides practical tips that superannuation trustees, advice licensees and advice providers can use to improve the quality of the advice that they provide to superannuation members.	MR 19-333	
REP 640 Response to submissions on CP 317 Unsolicited telephone sales of direct life insurance and consumer credit insurance	4/12/2019	This report highlights the key issues that arose out of the submissions received on Consultation Paper 317 Unsolicited telephone sales of direct life insurance and consumer credit insurance (CP 317) and details our responses to those issues.	MR 19-335
RG 38
LI 19/839	
REP 641 An inside look at mining and exploration initial public offers	5/12/2019	This report sets out the findings from our review of the initial public offer process for mining and exploration entities in the Australian market. It focuses on the roles, responsibilities and conduct of directors, lead managers and corporate advisers.
The findings and better practices are relevant to Australian financial services licensees, corporate advisers, directors and investors in the mining and exploration sector.	MR 19-338	
REP 642 Timeshare: Consumers’ experiences	6/12/2019	This report is for consumers and the timeshare industry (including operators, promoters and financial advisers). 
It summarises ASIC’s work on timeshare and the key findings of research that examined consumer experiences with timeshare in Australia. We commissioned this research from Heartward Strategic, an independent research agency.	MR 19-339	
REP 643 Response to submissions on CP 309 Update to RG 209: Credit licensing: Responsible lending conduct	9/12/2019	This report highlights the key issues that arose out of the submissions received on Consultation Paper 309 Update to RG 209: Credit licensing: Responsible lending conduct (CP 309) and details our responses to those issues.	MR 19-342
RG 209
Navigation guide	
REP 644 Assessment of ASX’s arrangements for exchanged traded AQUA products	11/12/2019	This report presents the findings of our assessment of ASX Limited (ASX)’s compliance with its Australian market licence obligations. It focuses on ASX’s arrangements related to admission to quotation and supervision of exchange traded products (ETPs) under the AQUA rules.
This report highlights a number of good practices we have observed, and also makes recommendations designed to improve ASX’s arrangements in some areas. A number of the findings and recommendations will be relevant to other ETP market operators regulated by ASIC.	MR 19-349	
REP 648 Audit inspection report for 2018–19	12/12/2019	This report summarises ASIC’s findings and observations from proactive reviews of audit files in the 12 months to 30 June 2019.
We expect this report to be of interest both to the audit firms inspected and those audit firms we have not inspected, as well as companies, audit committees, investors and other stakeholders interested in financial reporting.	MR 19-350
REP 649
INFO 224	
REP 649 Audit quality measures, indicators and other information: 2018–19	12/12/2019	This report provides a broad group of audit quality measures, indicators and other information to supplement our audit inspection findings in Report 648 Audit inspection report for 2018–19 (REP 648).
It is intended to promote:
•	discussion on the measures and indicators that might be used by auditors and audit committees in monitoring initiatives to improve audit quality, and
•	good behaviours by auditors and audit committees that support audit quality.	MR 19-350
REP 648
INFO 224	
REP 646 Insurance in superannuation: Industry implementation of the Voluntary Code of Practice	13/12/2019	This report provides background to our work in insurance in superannuation. It also examines industry progress on the implementation of the Insurance in Superannuation Voluntary Code of Practice.
It is the first in a series of short reports we intend to release in the 2019–20 financial year that look at the superannuation industry’s progress on improving insurance outcomes for consumers.	MR 19-352	
REP 647 Independent expert summary report—NULIS nominees (Australia) Limited	16/12/2016	This summary report was prepared by KPMG as the independent expert engaged by on NULIS Nominees (Australia) Limited under the additional licence conditions imposed by ASIC on NULIS in January 2017. This report assesses, among other things, both the design and operational effectiveness of NULIS’ risk management procedures, their processes for implementing product changes, disclosure and reporting to members and procedures for managing conflicts of interest within NAB’s superannuation business, including the assessment of related party service providers.	MR 19-355	
REP 650 Overview of licensing and professional registration applications: July 2018 to June 2019	16/12/2019	This report is for AFS licensees, Australian credit licensees, lawyers, application service providers and professionals working in financial services that are interested in the licensing and professional registration functions of ASIC. It outlines ASIC’s decisions on applications for the period from 1 July 2018 to 30 June 2019 (relevant period) for:
•	new AFS licences and licence variations
•	new Australian credit licences and licence variations
•	the registration of liquidators, company auditors and approved SMSF auditors, and
•	financial markets licences, CS facilities licences and derivative trade repositories licences.	MR 13-356	
REP 651 Cyber resilience of firms in Australia’s financial markets: 2018–19	18/12/2019	This report provides an update to Report 555 Cyber resilience of firms in Australia’s financial markets. It identifies key trends from self-assessment surveys completed by financial markets firms, and highlights existing good practices and areas for improvement.	MR 19-362	
REP 652 Wholesale FX practices in Australia	18/12/2019	This report summarises our work in wholesale foreign exchange (FX) markets during 2018 and 2019. It highlights our observations of better practices and some poorer practices used by participants operating in the market.	MR 19-364	
REP 645 Insolvency statistics: External administrators’ reports (July 2018 to June 2019)	18/12/2019	This report is for insolvency practitioners and other interested stakeholders. It presents an overview of total lodgments of statutory reports lodged by liquidators, receivers and voluntary administrators (external administrators) from 1 July 2018 to 30 June 2019, as well as our statistical findings from external administrators’ reports lodged electronically when a company enters external administration (EXAD) status (initial external administrators’ reports).	MR 19-363	
REP 653 ASIC’s regtech initiatives 2018–19	20/12/2019	This report summarises ASIC’s regtech initiatives and events conducted during FY2018–19.	MR 19-371	

Rules 
Title	Dates	Details	Media release and related documents	
No rules have been issued in this period.

Class rule waivers 
Title	Dates	Details	Media release and related documents	
No class rule waivers have been issued in thie period				

Determinations 
Title	Dates	Details	Media release and related documents	
ASIC Market Integrity Rules (Securities Markets) Determination 2019/896	Issued 4/9/2019
Registered 6/9/2019: F2019L01147
Effective 4/10//2019 (later of 4 October 2019 and 20 business days after registration)
	ASIC Market Integrity Rules (Securities Markets) Determination 2019/896 maintains ASIC’s policy of determining the allocation of Equity Market Products to tiers.	No MR	
ASIC (Supervisory Cost Recovery Levy—Annual Determination) Instrument 2019/1161	Issued 20/11/2019
Registered 21/11/2019: F2019L01487
Effective: See section 2 of this instrument
	This instrument specifies certain metrics for the 2018–19 financial year, which will be used in the formulae specified in the ASIC Supervisory Cost Recovery Regulations 2017 to work out the basic levy component and the graduated levy component, and a leviable entity’s levy component.	No MR	
ASIC Market Integrity Rules (Securities Markets) Determination 2019/1226
	Issued 5/12/2019
Registered 6/12/2019: F2019L01590
Effective: 8 January 2020 (later of 8 January 2020 and 20 business days after registration)
	This instrument maintains ASIC’s policy of determining the allocation of Equity Market Products to tiers.	No MR	

Orders
Title	Dates	Details	Media release and related documents	
ASIC Corporations (Product Intervention Order—Short Term Credit) Instrument 2019/917	Issued 12/9/2019
Registered 12/9/2019: F2019L01183
Effective 14/9//2019 (second day after registration)
	ASIC Corporations (Product Intervention Order—Short Term Credit) Instrument 2019/917 prohibits the provision of short term credit except in accordance with conditions which limit the total fees that can be charged.	MR 19-250
Product intervention order notice: ASIC Corporations (Product Intervention - Short Term Credit) Instrument 2019/917	

Information sheets
Title	Status	Release Date	Comments	Media release and related documents	
INFO 107 Guidelines for managing allegations of misconduct against ASIC officers	Reissued	1/7/2019	Technical amendments to account for replacement of the APS Code of Conduct with the new ASIC Code of Conduct from 1 July 2019.	None	
INFO 226 Complying with the ASIC Client Money Reporting Rules 2017	Reissued	1/7/2019	Updated to account for change to form lodgement requirements. Previously our stakeholders were lodging capital and client money forms using an ASX portal or manually via email. From 1 July 2019  these entities should be using the ASIC Regulatory Portal to lodge these forms	None	
SINFO 52 Guidance for whistleblowers	Withdrawn	1/7/2019	Replaced by:
•	Information Sheet 238 Whistleblower rights and protections (INFO 238), and
•	Information Sheet 239 How ASIC handles whistleblower reports (INFO 239).	MR 19-164
INFO 238
INFO 239	
INFO 238 Whistleblower rights and protections	New	1/7/2019	This information sheet (INFO 238) explains:
•	who is a whistleblower under the law
•	how a whistleblower can access the legal rights and protections
•	what protections are available to whistleblowers under the law
•	when the whistleblower protections may not be available	MR 19-164
SINFO 52
INFO 239	
INFO 239 How ASIC handles whistleblower reports	New	1/7/2019	This information sheet (INFO 239) explains:
•	whistleblower reports that we may receive
•	ASIC's role in relation to whistleblowers
•	how we deal with information from whistleblowers, including when we will act on your information and matters outside of our regulatory responsibilities
•	how we pursue alleged breaches of the whistleblower protections
•	our communication with whistleblowers
•	the role of ASIC's Office of the Whistleblower	MR 19-164
SINFO 52
INFO 238	
INFO 86 How do RSE and AFS licensing application processes work together	Reissued	5/7/2019	This information sheet explains how the Australian Prudential Regulation Authority’s (APRA) registrable superannuation entity (RSE) licensing process and ASIC’s AFS licensing process work together.
•	Why do some trustees need both an RSE licence and an AFS licence?
•	How do the APRA and ASIC licensing processes differ?
•	How does the legislation minimise potential overlap?
•	How do the APRA and ASIC requirements interact?
•	Should trustees lodge applications at the same time?
•	Where can I find out more about the RSE licensing process?
•	Where can I find out more about the AFS licensing process?
Updated to account for additional information and documents now required by ASIC about the responsible officers and responsible managers of AFS licence applicants that are also a body corporate and/or an APRA-regulated body. See new INFO 240.	MR 19-175
INFO 240	
INFO 240 AFS licensing – Requirements for certain applicants to provide further information	New	5/7/2019	This information sheet (INFO 240) is for Australian financial services (AFS) licence applicants that are:
•	a body corporate
•	also regulated by the Australian Prudential Regulation Authority (APRA), or
•	proposing to provide certain financial services and financial products.
We now require these applicants (either those seeking an AFS licence or AFS licensees seeking a variation) to provide certain additional information and documents as part of their application.	MR 19-175
INFO 86	
INFO 187 Disputes about similar business names	Reissued	22/7/2019	This information sheet (INFO 187) sets out:
•	ASIC's role in registering business names
•	what you should do if you are concerned about a similar business name.
Technical amendments and messaging refined.	No MR	
INFO 241 Prohibition on influencing employers’ superannuation fund choice: section 68A of the SIS Act	New	31/7/2019	This information sheet (INFO 241) is for trustees of regulated superannuation funds and their associates. It explains:
•	the background to amendments to section 68A of the Superannuation Industry (Supervision) Act 1993 (SIS Act)
•	the prohibition in section 68A against particular conduct by a trustee or its associates
•	the exemptions from section 68A that are available in regulation 13.18A of the Superannuation Industry (Supervision) Regulations 1994 (SIS Regulations)
•	the penalties that apply for a breach of section 68A.
This information sheet also provides examples that include common scenarios and issues to help trustees and their associates understand their obligations under section 68A.	MR 19-198	
INFO 208 When companies break laws that ASIC does not enforce	Reissued	2/8/2019	This information sheet (INFO 208) explains who to contact if you are concerned that a company, company director or other company officer may have breached a law that ASIC does not enforce.
Technical amendments related to new whistleblower protection regime.	None	
INFO 211 Unfair contract term protections for small businesses	Reissued	2/8/2019	This information sheet (INFO 211) explains how the law deals with unfair terms in small business contracts for financial products and services.
Simplified content for target audience and update relevant information such as linking agencies (FOS v ASBFEO and AFCA)	None	
INFO 203 Impairment of non-financial assets: Materials for directors	Reissued	12/8/2019	This information sheet (INFO 203) explains your responsibilities as a director in connection with the testing of non-financial assets for impairment in the financial report of a company.
Updated to clarify the application of ASIC’s existing regulatory guidance to the disclosure of climate-change-related risks and opportunities.	MR 19-208
RG 228
RG 247	
INFO 9 ASIC decisions: Your rights	Reissued	20/8/2019	This information sheet sets out an overview of your rights and how to exercise them.
Minor technical update to title of team handling FOI applications.	None	
INFO 29 External administration, controller appointments and schemes of arrangement - most commonly lodged forms	Reissued	19/9/2019	This information sheet (INFO 29) outlines our expectations for forms commonly lodged with ASIC when:
•	an external administrator (liquidator, voluntary administrator or deed administrator) has been appointed to a company
•	a controller (receiver, receiver and manager, controller or managing controller) has been appointed over company property
•	an administrator of a scheme of arrangement has been appointed.
Note: Title has changed from ‘External administration - most commonly lodged forms’.
ASIC has reissued Information Sheet 29 External administration, controller appointments and schemes of arrangement – most commonly lodged forms (INFO 29) to help liquidators comply with their lodgement requirements.
The information sheet reflects the changes made to the Corporations Act by the Insolvency Law Reform Act 2016 and follows liaison with the Australian Restructuring Insolvency Turnaround Association (ARITA) about the revisions.
INFO 29 contains 13 updated flowcharts to help external administrators, controllers and scheme administrators meet their obligations.	MR 19-258	
INFO 240 AFS licensing – Requirements for certain applicants to provide further information	Reissued	26/9/2019	This information sheet (INFO 240) is for Australian financial services (AFS) licence applicants that are:
•	a body corporate
•	also regulated by the Australian Prudential Regulation Authority (APRA), or
•	proposing to provide certain financial services and financial products.
We now require these applicants (either those seeking an AFS licence or AFS licensees seeking a variation) to provide certain additional information and documents as part of their application.
Technical amendments which:
•	clarify that information about responsible officers must be provided with an application for a variation to an AFS licence
•	remind applicants that criminal history checks and bankruptcy checks provided in relation to responsible officers must be not more than 12 months old 
•	clarify that the additional non-core proofs are not required for existing authorisations or where the applicant has previously been assessed and been granted that authorisation
•	advise applicants that additional non-core proofs are not required for some specified authorisations where the authorisation is only used in relation to wholesale clients or used to manage financial risk
•	remind applicants that ASIC may still request additional non-core proofs in from applicants on a case by case basis.	None	
INFO 206 Advice on self-managed superannuation funds: Disclosure of costs	Reissued	21/10/2019	Updated to incorporate findings from ASIC’s ‘red flag’ work which identified eight situations which, together or in part, would make it extremely unlikely for an investor to gain any advantage from using SMSFs, particularly SMSFs with balances below $500,000.	MR 19-200 (issued 11/10/2019)	
INFO 168 Giving and collectively charging for intra-fund advice	Reissued	31/10/2019	This information sheet (INFO 168) gives guidance to superannuation trustees and other persons on giving and collectively charging for certain types of simple superannuation advice under the Superannuation Legislation Amendment (Further MySuper and Transparency Measures) Act 2012 (Stronger Super reforms), which modifies the Superannuation Industry (Supervision) Act 1993 (SIS Act).
Amendments to:
•	remove references to [SCO 09/210]
•	remove other outdated references
•	reflect latest drafting practices.	N/A	
SINFO 197 Fees and costs disclosure requirements for superannuation trustees	Withdrawn	29/11/2019	Content superseded and replaced by content in reissued RG 97.	MR 19-328 
LI 19/1070 
LI 19/1071 
REP 637 
REP 638	
INFO 224 ASIC audit inspections	Reissued	12/12/2019	This information sheet (INFO 224) outlines ASIC’s approach to inspecting audit firms. It includes:
•	the objective and scope of our inspections
•	an overview of our inspections
•	our inspection process and how we measure and report findings
•	how our findings compare with international findings
•	our separate surveillances of audits
Updated to provide further information on our audit inspection process	MR 19-350
REP 648
REP 649