ASIC Corporations (Approved Foreign Markets—Buy-backs and Takeovers) Instrument 2026/104

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ASIC Corporations (Approved Foreign Markets—Buy-backs and Takeovers) Instrument 2026/104

I, Amanda Zeller, delegate of the Australian Securities and Investments Commission, make the following legislative instrument.

Date 23 March 2026

Amanda Zeller

Contents

Part 1—Preliminary 3

1 Name of legislative instrument....................................3

2 Commencement...............................................3

3 Authority....................................................3

4 Schedule.....................................................3

5 Simplified outline of this instrument...............................3

6 Definitions...................................................4

Part 2—Declaration 5

7 On–market buy-back—approved overseas financial markets............5

Part 3—Approval 6

8 Acquisition through a foreign listed company—approval of foreign bodies conducting a financial market 6

Part 4—Repeal 7

9 Repeal.......................................................7

Schedule 1—Repeals 8

ASIC Corporations (Approved Foreign Markets—Buy-backs and Takeovers) Instrument 2015/1071 8

Part 1—Preliminary

1 Name of legislative instrument

This is the ASIC Corporations (Approved Foreign Markets—Buy-backs and Takeovers) Instrument 2026/104.

2 Commencement

This instrument commences on the later of:

(a) the day after it is registered on the Federal Register of Legislation; and

(b) 1 April 2026.

Note: The register may be accessed at www.legislation.gov.au.

3 Authority

This instrument is made under subsection 11(4) of the Australian Securities and Investments Commission Act 2001 for the purposes of:

(a) subsection 257B(7) of the Corporations Act 2001; and

(b) item 14 of the table in section 611 of that Act.

4 Schedule

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

5 Simplified outline of this instrument

This instrument is made for the purposes of certain buy-back and takeover provisions of the Act. It:

(a) declares that an approved foreign market is an approved overseas market for the purposes of subsection 257B(7) of the Act (dealing with when a buy-back is an on-market buy-back); and

(b) approves a foreign body conducting an approved foreign market for the purposes of item 14 of the table in section 611 of the Act. Item 14 provides an exemption from the 20% acquisition limit in section 606 of the Act.

6 Definitions

In this instrument:

Act means the Corporations Act 2001.

approved foreign market has the same meaning as in section 5 of ASIC Corporations (Definition of Approved Foreign Market) Instrument 2017/669.

Part 2—Declaration

7 On–market buy-back—approved overseas financial markets

ASIC declares that each approved foreign market is an approved overseas financial market for the purposes of subsection 257B(7) of the Act.

Part 3—Approval

8 Acquisition through a foreign listed company—approval of foreign bodies conducting a financial market

ASIC approves each foreign body conducting an approved foreign market for the purposes of item 14 of the table in section 611 of the Act.

Part 4—Repeal

9 Repeal

This instrument is repealed at the start of 1 April 2031.

Schedule 1—Repeals

ASIC Corporations (Approved Foreign Markets—Buy-backs and Takeovers) Instrument 2015/1071

1 The whole of the instrument

Repeal the instrument.