{"id":"F2026L00365","name":"ASIC Corporations (Miscellaneous Technical Relief) Instrument 2026/115","slug":"asic-corporations-miscellaneous-technical-relief-instrument-2026-115","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":107972,"registerId":"commonwealth-F2026L00365-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"ASIC Corporations (Miscellaneous Technical Relief) Instrument 2026/115","content":"![Commonwealth Coat of Arms and ASIC logo](image.001.png)\n\nASIC Corporations (Miscellaneous Technical Relief) Instrument 2026/115\n\nI, Kate Metz, delegate of the Australian Securities and Investments Commission, make the following legislative instrument.\n\nDate 24 March 2026\n\nKate Metz\n\nContents\n\nPart 1—Preliminary 3\n\n1 Name of legislative instrument....................................3\n\n2 Commencement...............................................3\n\n3 Authority....................................................3\n\n4 Schedules....................................................3\n\n5 Simplified outline of this instrument...............................3\n\n6 Definitions...................................................3\n\nPart 2—Declaration 4\n\n7 Effect of licensing exemptions under section 926A of the Act...........4\n\n8 Consequences of lodging or publishing a supplementary or replacement document 4\n\nPart 3—Repeal 5\n\n9 Repeal.......................................................5\n\nPart 1—Preliminary\n\n1 Name of legislative instrument\n\nThis is the ASIC Corporations (Miscellaneous Technical Relief) Instrument 2026/115.\n\n2 Commencement\n\nThis instrument commences on the day after it is registered on the Federal Register of Legislation.\n\n> Note: The register may be accessed at www.legislation.gov.au.\n\n3 Authority\n\nThis instrument is made under subsections 655A(1), 741(1), 926A(2) and 1020F(1) of the Corporations Act 2001.\n\n4 Schedules\n\nEach instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its term.\n\n5 Simplified outline of this instrument\n\nThis 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.\n\nThis 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.\n\n6 Definitions\n\nIn this instrument:\n\nAct means the Corporations Act 2001.\n\nPart 2—Declaration\n\n7 Effect of licensing exemptions under section 926A of the Act\n\n(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:\n\n(a) in subparagraph 911A(2)(a)(ii), after “service;”, insert “or”;\n\n(b) after subparagraph 911A(2)(a)(ii), insert:\n\n“(iii) is exempt from subsection (1) in relation to the provision of the service because of an exemption made under subsection 926A(2);”;\n\n(c) before paragraph 911B(1)(e), insert:\n\n“(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);”;\n\n(d) in paragraph 911B(1)(e), after “licence” insert “covering the provision of the service”.\n\n> Note: Paragraph 911B(1)(e) of the Act is also modified by regulation 7.6.02AH of the Corporations Regulations 2001.\n\n(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:\n\n“(iv) an exemption made under subsection 926A(2); or”.\n\n8 Consequences of lodging or publishing a supplementary or replacement document\n\n    (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”.\n    (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”.\n    (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”.\n\nPart 3—Repeal\n\n9 Repeal\n\nThis instrument is repealed at the start of 1 April 2031.\n\n  \n\nSchedule 1—Repeals\n\nASIC Corporations (Miscellaneous Technical Relief) Instrument 2015/1115\n\n1 The whole of the instrument\n\nRepeal the instrument.","sortOrder":0}],"analysis":{"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"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument remains tightly focused on its stated purpose of 'miscellaneous technical relief'. It addresses specific gaps in how licensing exemptions interact with other provisions and clarifies document references without expanding into substantive policy changes. The repeal of the 2015 instrument suggests this is a replacement/update maintaining the same scope."},"complexity_factors":["Multiple cross-references to specific subsections of the Corporations Act 2001 (911A, 911B, 926A, 1011B, 646, 719, 719A, 738W, 1014J)","Requires understanding of the interaction between licensing exemptions (Part 7.6) and disclosure obligations (Part 7.9)","Uses 'as if' modification language which requires readers to mentally overlay changes onto the primary legislation","Contains nested conditional logic (e.g., 'if the principal (rather than the provider) provided the service...')","Involves understanding of 'supplementary or replacement documents' concept from takeover and fundraising law","Sunset clause creates temporal limitation requiring tracking of repeal date"],"plain_english_summary":"This instrument makes two technical fixes to the Corporations Act: it extends ASIC exemptions from holding an AFSL into related licensing and product disclosure rules (including treatment of authorised representatives), and it clarifies that supplementary or replacement takeover and fundraising documents count as the original for legal purposes. \n\nIt affects entities relying on ASIC AFSL exemptions and companies lodging takeover documents or prospectuses, reducing inadvertent breaches and uncertainty. The instrument expires on 1 April 2031."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Yes. The instrument expands the reach of selected Corporations Act provisions to explicitly include persons exempted under subsection 926A(2) and to capture supplementary/replacement documents and instruments made for disclosure purposes (see clauses 7 and 8). It therefore broadens who and what is covered compared with the previous drafting, repeals the 2015 ASIC technical relief instrument (Schedule 1), and sets a sunset date of 1 April 2031."},"complexity_factors":["Amendments operate by inserting targeted cross‑references into multiple Act provisions (notably subparagraphs of 911A(2), paragraph 911B(1)(e) and section 1011B).","Extends application of Parts 7.6 and 7.9 and Chapters 6/6D to persons exempt under subsection 926A(2), creating interaction between exemption rules and primary licensing/disclosure regimes (s926A(2), cl 7).","Modifies how lodging or publishing of supplementary/replacement documents is treated by saying instruments made for Chapter purposes are captured (cl 8; affects ss 646, 719, 719A, 738W, 1014J).","Requires interpretation of the phrase \"instruments made for the purposes of this Chapter,\" which may create endpoint or scope uncertainty for practitioners and regulators.","Interacts with existing regulation 7.6.02AH, so readers must reconcile instrument changes with Corporations Regulations and prior ASIC instruments.","Introduces additional compliance burden for entities that previously relied on narrow exemption scope; administrative costs may fall unevenly across small providers, issuers and registry agents.","Gives ASIC scope to determine coverage via its instruments, increasing administrative discretion in application and enforcement.","Includes a repeal of a prior ASIC 2015 instrument (Schedule 1) and a sunset (repeal start 1 April 2031), creating temporal complexity for transitional planning."],"plain_english_summary":"This instrument tweaks wording in the Corporations Act so certain licensing, disclosure and product provisions apply to people exempt under subsection 926A(2) and to supplementary or replacement documents and to instruments made for disclosure purposes. It affects firms and service providers that rely on AFS‑licence exemptions and issuers or registry agents that lodge updated documents. Who pays: exempt providers will face some obligations under Parts 7.6/7.9 and Chapters 6/6D as if covered; who decides: ASIC by instrument; behaviour change: more documents and activities are captured by existing rules."}},"importantCases":[],"_links":{"self":"/api/acts/asic-corporations-miscellaneous-technical-relief-instrument-2026-115","history":"/api/acts/asic-corporations-miscellaneous-technical-relief-instrument-2026-115/history","analysis":"/api/acts/asic-corporations-miscellaneous-technical-relief-instrument-2026-115/analysis","conflicts":"/api/acts/asic-corporations-miscellaneous-technical-relief-instrument-2026-115/conflicts","importantCases":"/api/acts/asic-corporations-miscellaneous-technical-relief-instrument-2026-115/important-cases","documents":"/api/acts/asic-corporations-miscellaneous-technical-relief-instrument-2026-115/documents"}}