{"id":"F2019L00668","name":"ASIC (Senior Staff Members—Determination) Instrument 2019/117","slug":"asic-senior-staff-members-determination-instrument-2019-117","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":99275,"registerId":"commonwealth-F2019L00668-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"ASIC (Senior Staff Members—Determination) Instrument 2019/117","content":"![Commonwealth Coat of Arms and ASIC logo](image.001.png)\n\nASIC (Senior Staff Members—Determination) Instrument 2019/117\n\nAbout this compilation\n\nCompilation No. 6\n\nThis is a compilation of ASIC (Senior Staff Members—Determination) Instrument 2019/117 as in force on 15 November 2025. It includes any commenced amendment affecting the legislative instrument to that date.\n\nThis compilation was prepared by the Australian Securities and Investments Commission.\n\nThe notes at the end of this compilation (the endnotes) include information\n\nabout amending instruments and the amendment history of each amended provision.\n\nContents\n\nPart 1—Preliminary 3\n\n1 Name of legislative instrument....................................3\n\n3 Authority....................................................3\n\n4 Definitions...................................................3\n\nPart 2—Determination 4\n\n5 Senior staff members for all purposes..............................4\n\n6 Senior staff members for limited purposes...........................4\n\nEndnotes 6\n\nEndnote 1—Instrument history......................................6\n\nEndnote 2—Amendment history....................................6\n\nPart 1—Preliminary\n\n1 Name of legislative instrument\n\nThis is the ASIC (Senior Staff Members—Determination) Instrument 2019/117.\n\n3 Authority\n\nThis instrument is made under section 122A of the Australian Securities and Investments Commission Act 2001.\n\n4 Definitions\n\nIn this instrument:\n\nASIC Act means the Australian Securities and Investments Commission Act 2001.\n\nCorporations Act means the Corporations Act 2001.\n\nCredit Act means the National Consumer Credit Protection Act 2009.\n\nMarkets Disciplinary Panel or MDP means a panel of staff members who perform functions and exercise powers in relation to alleged contraventions of the market integrity rules under Part 7.2A of the Corporations Act.\n\nstaff member has the meaning given by subsection 5(1) of the ASIC Act.\n\nPart 2—Determination\n\n5 Senior staff members for all purposes\n\nA staff member who holds or acts in any of the following positions is a senior staff member:\n\n(aa) Chief Executive Officer;\n\n(a) Executive Director;\n\n(b) Senior Executive Leader;\n\n(c) Senior Executive Specialist;\n\n(d) without limiting anything in the paragraphs above and to avoid doubt:\n\n1.  Chief Financial Officer;\n2.  Chief Technology Officer;\n3.  Chief Risk Officer;\n4.  Deputy General Counsel;\n5.  General Counsel;\n6.  Special Counsel.\n\n6 Senior staff members for limited purposes\n\nMarkets Disciplinary Panel\n\n(1) A staff member who holds or acts in a position of MDP Chair, MDP Deputy Chair or MDP Member is a senior staff member for the purposes of performing functions and exercising powers in relation to any matter referred to the Markets Disciplinary Panel.\n\nSenior staff members for employment purposes\n\n(3) A staff member who holds or acts in any of the following positions is a senior staff member for the purposes of performing functions and exercising powers in relation to the employment of staff (including the terms and conditions of employment) under section 120 of the ASIC Act:\n\n(a) Head, People and Culture;\n\n(b) Senior Manager, People and Culture.\n\n  \n\nEndnotes\n\nEndnote 1—Instrument history\n\n| Instrument number | Date of FRL registration     | Date of commencement | Application, saving or transitional provisions |\n| ----------------- | ---------------------------- | -------------------- | ---------------------------------------------- |\n| 2019/117          | 3/5/2019 (see F2019L00668)   | 1/7/2019             |                                                |\n| 2019/606          | 27/6/2019 (see F2019L00901)  | 1/7/2019             | -                                              |\n| 2021/0139         | 15/3/2021 (see F2021L00233)  | 16/3/2021            | -                                              |\n| 2021/344          | 10/5/2021 (see F2021L00557)  | 11/5/2021            | -                                              |\n| 2022/0427         | 6/6/2022 (see F2022L00742)   | 7/6/2022             | -                                              |\n| 2023/0470         | 29/6/2023 (see F2023L00895)  | 1/7/2023             | -                                              |\n| 2023/0558         | 30/6/2023 (see F2023L00932)  | 1/7/2023             | -                                              |\n| 2025/0602         | 14/11/2025 (see F2025L01381) | 15/11/2025           | -                                              |\n\nEndnote 2—Amendment history\n\n> Note: ad. = added or inserted am. = amended LA = Legislation Act 2003 rep. = repealed rs. = repealed and substituted\n\n| Provision affected     | How affected                                       |\n| ---------------------- | -------------------------------------------------- |\n| Section 2              | rep. s48D LA                                       |\n| Section 4              | am. 2022/0427                                      |\n| Subpara 5(aa)          | ad. 2021/0139am. 2023/0558                         |\n| Subpara 5(d)           | rs. 2023/0470 rs. 2025/0602                        |\n| Sub-subpara 5(d)(ia)   | ad. 2021/0139 rs. 2023/0470                        |\n| Sub-subpara 5(d)(ib)   | ad. 2021/0139 rs. 2023/0470                        |\n| Sub-subpara 5(d)(iiia) | ad. 2021/0139 rs. 2023/0470                        |\n| Sub-subpara 5(d)(v)    | am. 2025/0602 rs. 2025/0602                        |\n| Subsection 6(2)        | rep. 2022/0427                                     |\n| Subsection 6(3)        | ad. 2019/606am. 2021/344rs. 2023/0470am. 2025/0602 |\n| Subsection 6(4)        | ad. 2022/0427 rep. 2025/0602                       |","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"The instrument's scope has been altered several times since commencement. Amendments added and modified named roles (for example, subpara 5(aa) was added 2021/0139 and amended 2023/0558) and revised the 5(d) list across 2023 and 2025 (see Endnote 2). Subsection 6(3) and other limited‑purpose provisions were also amended multiple times, changing which positions are senior for employment or MDP matters (Endnote 2)."},"complexity_factors":["Short, fixed list of named positions that are senior for all purposes (s5).","Two-tier structure distinguishing 'for all purposes' and 'for limited purposes' (MDP matters and employment decisions) (s5, s6).","Definitions rely on cross-references to other statutes (ASIC Act, Corporations Act, Credit Act) increasing reliance on external texts (s4).","Simple statutory language with little discretionary criteria — low interpretive ambiguity (s5, s6).","Amendment and version history requires checking endnotes for current scope (Endnote 2)."],"plain_english_summary":"This instrument names which ASIC employees count as \"senior staff\" for legal purposes. It lists roles treated as senior generally and other roles treated as senior only for Markets Disciplinary Panel matters or for employment decisions (see s5–s6).\n\nThat designation decides who may exercise particular statutory powers and make employment decisions under the ASIC Act, so it changes which officers carry decision‑making authority and places corresponding administrative and compliance obligations on ASIC and the named officers (s5, s6)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument has remained true to its original purpose of listing which ASIC staff members qualify as 'senior' under the ASIC Act. While positions have been added over time (such as the CEO role in 2021 and various C-suite titles), these represent natural organisational evolution rather than scope creep. The limited-purpose seniority categories in section 6 have been refined but remain tightly focused on their original intent."},"complexity_factors":["Very short document (6 pages including endnotes)","Only 4 defined terms in the interpretation section","Simple list-based structure with no conditional logic or cross-references to external legislation beyond basic definitions","No exceptions, nested or otherwise — just two straightforward categories of seniority","Minimal amendment history with straightforward additions and substitutions"],"plain_english_summary":"This instrument is ASIC’s official list of which employees qualify as “senior staff members” under the ASIC Act. It clarifies who has the legal authority to make certain regulator decisions.\n\nIt affects ASIC staff, people dealing with ASIC, and panel members by distinguishing those senior for all regulatory purposes from those senior only for specific functions — a critical check for courts and lawyers verifying that ASIC acted with proper authority."},"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-senior-staff-members-determination-instrument-2019-117","history":"/api/acts/asic-senior-staff-members-determination-instrument-2019-117/history","analysis":"/api/acts/asic-senior-staff-members-determination-instrument-2019-117/analysis","conflicts":"/api/acts/asic-senior-staff-members-determination-instrument-2019-117/conflicts","importantCases":"/api/acts/asic-senior-staff-members-determination-instrument-2019-117/important-cases","documents":"/api/acts/asic-senior-staff-members-determination-instrument-2019-117/documents"}}