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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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