{"id":"F2022L01249","name":"ASIC Corporations (Cash Settlement Fact Sheet and Confirming Transactions) Instrument 2022/809","slug":"asic-corporations-cash-settlement-fact-sheet-and-confirming-transactions-instrument-2022-809","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441536,"registerId":"F2022L01249-fast-fetch-1775956804409","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"ASIC Corporations (Cash Settlement Fact Sheet and Confirming Transactions) Instrument 2022/809","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\ntitle: 20220705 - DRAFT Family violence legislative instrument v2\n---\n\n![Commonwealth Coat of Arms and ASIC logo](image.001.png)\n\nASIC Corporations (Cash Settlement Fact Sheet and Confirming Transactions) Instrument 2022/809\n\nI, Rhys Bollen, delegate of the Australian Securities and Investments Commission, make the following legislative instrument.\n\n \n\nDate 20 September 2022\n\n \n\nRhys Bollen\n\n \n\nContents\n\n[Part 1—Preliminary](#_Toc114569937)\n\n[1 Name of legislative instrument](#_Toc114569938)\n\n[2 Commencement](#_Toc114569939)\n\n[3 Authority](#_Toc114569940)\n\n[4 Definitions](#_Toc114569941)\n\n[Part 2—Exemption](#_Toc114569942)\n\n[5 Provision of Cash Settlement Fact Sheet](#_Toc114569943)\n\n[6 Provision of confirmation of transaction](#_Toc114569944)\n\n[Part 3—Repeal](#_Toc114569945)\n\n[7 Repeal](#_Toc114569946)\n\nPart 1—Preliminary\n\n1 Name of legislative instrument\n\nThis is the ASIC Corporations (Cash Settlement Fact Sheet and Confirming Transactions) Instrument 2022/809.\n\n2 Commencement\n\nThis instrument commences on the day after it is registered on the Federal Register of Legislation.\n\nNote: The register may be accessed at [www.legislation.gov.au](http://www.legislation.gov.au).\n\n3 Authority\n\nThis instrument is made under paragraphs 951B(1)(a) and 1020F(1)(a) of the Corporations Act 2001.\n\n4 Definitions\n\nIn this instrument:\n\nAct means the Corporations Act 2001.\n\nresponsible person has the same meaning as in subsection 1017F(2) of the Act.\n\nfamily violence means any of the following:\n\n(a) behaviour by a person towards a family member of that person if that behaviour:\n\n(i) is physically or sexually abusive; or\n\n(ii)  is threatening; or\n\n(iii)  is coercive; or\n\n(iv) consists of emotional or psychological abuse whether wholly or in part; or\n\n(v)  consists of economic abuse whether wholly or in part; or\n\n(vi)  in any other way controls or dominates the family member and causes that family member to feel fear for the safety or wellbeing of that family member or another person;\n\n(b) behaviour by a person that causes a child to hear or witness, or otherwise be exposed to the effects of, behaviour referred to in paragraph (a);\n\n(c) behaviour including but not limited to any of the following:\n\n(i) assaulting or causing personal injury to a family member or threatening to do so;\n\n(ii)  sexually assaulting a family member or engaging in another form of sexually coercive behaviour or threatening to engage in such behaviour;\n\n(iii)  intentionally damaging a family member's property, or threatening to do so;\n\n(iv)  unlawfully depriving a family member of the family member's liberty, or threatening to do so;\n\n(v) causing or threatening to cause the death of, or injury to, an animal, whether or not the animal belongs to the family member to whom the behaviour is directed so as to control, dominate or coerce the family member.\n\neconomic abuse means behaviour by a person (the first person) that is coercive, deceptive or unreasonably controls another person (the second person), without the second person's consent:\n\n(a) in a way that denies the second person the economic or financial autonomy the second person would have had but for that behaviour; or\n\n(b) by withholding or threatening to withhold the financial support necessary for meeting the reasonable living expenses of the second person or the second person’s child, if the second person is entirely or predominantly dependent on the first person for financial support to meet those living expenses.\n\nemotional or psychological abuse means behaviour by a person towards another person that torments, intimidates, harasses or is offensive to the other person.\n\nproviding entity has the same meaning as in section 948B of the Act.\n\n\n\n\nPart 2—Exemption\n\n5 Provision of Cash Settlement Fact Sheet\n\n(1) A providing entity does not have to comply with subsection 948C(1) of the Act to the extent it requires the providing entity to give a Cash Settlement Fact Sheet to a person (the client) as a retail client who is insured under an insurance product.\n\nWhere the exemption applies\n\n(2) The exemption in subsection (1) applies if the providing entity reasonably believes the giving of the Cash Settlement Fact Sheet would pose an unacceptable risk of a person experiencing family violence.\n\nCondition\n\n(3) The providing entity must keep a written record of the reasons for the reasonable belief referred to in subsection (2) for three years.\n\n6 Provision of confirmation of transaction\n\n(1) A responsible person does not have to comply with subsection 1017F(2) of the Act to the extent it requires the responsible person to provide a person (the holder) who has acquired an insurance product as a retail client with confirmation of a transaction that occurs while the holder holds the product, other than disposal of all or part of the product.\n\nWhere the exemption applies\n\n(2)  The exemption in subsection (1) applies if the responsible person reasonably believes the provision of confirmation of the transaction would pose an unacceptable risk of a person experiencing family violence.\n\nCondition\n\n(3) The responsible person must keep a written record of the reasons for the  reasonable belief referred to in subsection (2) for three years.\n\n\n\n\nPart 3—Repeal\n\n7 Repeal\n\nThis instrument is repealed on the day that is 5 years after the day it is made.\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument remains tightly scoped to its original purpose: creating targeted, temporary exemptions from disclosure requirements to protect family violence victims. The scope has not expanded beyond the two specific transaction types (Cash Settlement Fact Sheets and transaction confirmations) originally contemplated."},"complexity_factors":["Short instrument: only 7 sections across 3 Parts","Minimal cross-referencing: only references to external Corporations Act sections (948C, 1017F, 948B, 951B, 1020F) without complex internal navigation","Straightforward conditional structure: simple 'if-then' exemption logic with single condition (reasonable belief of family violence risk)","Single layer of conditions: only requires record-keeping (subsections 5(3) and 6(3)), no nested exceptions or cascading requirements","Definitions section imports existing statutory meanings ('responsible person', 'providing entity') rather than creating elaborate new definitions, though 'family violence' definition is comprehensive","No delegated powers, review mechanisms, or administrative procedures"],"plain_english_summary":"This instrument creates temporary exemptions allowing insurers and financial advisers to withhold two standard pieces of consumer paperwork for retail insurance clients when sending them would create an unacceptable risk of family violence. It’s designed to protect victims from intercepted mail, exposed locations or finances, and other harms.\n\nProviders who omit documents must record their reasonable belief in writing and retain that record for three years. The instrument expires September 2025."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument narrows the scope of the Act's disclosure obligations by creating specific exemptions: providing entities need not give a Cash Settlement Fact Sheet and responsible persons need not give certain transaction confirmations where they reasonably believe doing so would pose an unacceptable risk of family violence (ss 5(1), 6(1)). It conditions those exemptions on a reasonable-belief test and three-year record-keeping (ss 5(2)–(3), 6(2)–(3)) and is time-limited by repeal after five years (s7)."},"complexity_factors":["Creates narrow exemptions from existing disclosure duties in the Corporations Act (ss 948C(1) and 1017F(2)) rather than replacing those duties, so implementers must map exemptions onto existing processes (ss 5(1), 6(1)).","Relies on a subjective 'reasonable belief' that providing information would pose an 'unacceptable risk' of family violence, introducing decision-maker discretion and legal uncertainty (ss 5(2), 6(2)).","Requires written record-keeping of reasons for three years, adding a compliance and documentation burden for providers and responsible persons (ss 5(3), 6(3)).","Defines family violence and related terms in detail, which creates definitional complexity for application across varied fact patterns (definitions in s 4).","Exemption scope is limited (insured retail clients; confirmations only for transactions while holder retains product, excluding disposals), requiring precise client/product classification before claiming the exemption (ss 5(1), 6(1)).","Temporary lifespan (repeal after five years) creates time-limited compliance planning and potential need for later policy change (s 7)."],"plain_english_summary":"This instrument allows insurers and the responsible persons for insurance products to withhold a Cash Settlement Fact Sheet or a confirmation of a transaction from a retail client when they reasonably believe providing it would create an unacceptable risk of family violence (see ss 5–6). It applies to insured retail clients and to transactions occurring while the holder retains the product. Decision-makers must keep a written record of their reasons for three years and the exemptions expire after five years (s7)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/asic-corporations-cash-settlement-fact-sheet-and-confirming-transactions-instrument-2022-809","history":"/api/acts/asic-corporations-cash-settlement-fact-sheet-and-confirming-transactions-instrument-2022-809/history","analysis":"/api/acts/asic-corporations-cash-settlement-fact-sheet-and-confirming-transactions-instrument-2022-809/analysis","conflicts":"/api/acts/asic-corporations-cash-settlement-fact-sheet-and-confirming-transactions-instrument-2022-809/conflicts","importantCases":"/api/acts/asic-corporations-cash-settlement-fact-sheet-and-confirming-transactions-instrument-2022-809/important-cases","documents":"/api/acts/asic-corporations-cash-settlement-fact-sheet-and-confirming-transactions-instrument-2022-809/documents"}}