ASIC Corporations (Foreign Financial Services Providers) Instrument 2025/798

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ASIC Corporations (Foreign Financial Services Providers) Instrument 2025/798

I, Andrew Templer, delegate of the Australian Securities and Investments Commission, make the following legislative instrument.

Date 2 December 2025

Andrew Templer

Contents

Part 1—Preliminary 3

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

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

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

4 Schedules....................................................3

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

6 Definitions...................................................3

Part 2—Exemptions 5

7 Continuation of exemptions given by repealed ASIC FFSP Class Orders...5

Part 3—Repeal 6

8 Repeal.......................................................6

Schedule 1—Repeals 7

ASIC Corporations (Repeal and Transitional) Instrument 2016/396.........7

Part 1—Preliminary

1 Name of legislative instrument

This is the ASIC Corporations (Foreign Financial Services Providers) Instrument 2025/798.

2 Commencement

This instrument commences on the day after it is registered on the Federal Register of Legislation.

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

3 Authority

This instrument is made under paragraph 911A(2)(l) of the Corporations Act 2001.

4 Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 to remake the substantive provision in ASIC Corporations (Repeal and Transitional) Instrument 2016/396 to continue the exemption of certain foreign financial service providers from the requirement to hold an Australian financial services licence in specified circumstances.

6 Definitions

In this instrument:

repealed ASIC FFSP Class Order means each of the following:

(a) ASIC Class Order [CO 03/1099];

(b) ASIC Class Order [CO 03/1100];

(c) ASIC Class Order [CO 03/1101];

(d) ASIC Class Order [CO 03/1102];

(e) ASIC Class Order [CO 03/1103];

(f) ASIC Class Order [CO 04/829];

(g) ASIC Class Order [CO 04/1313].

Part 2—Exemptions

7 Continuation of exemptions given by repealed ASIC FFSP Class Orders

(1) An exemption specified in a repealed ASIC FFSP Class Order as in force immediately before its repeal, continues to apply by force of this subsection, in the circumstances and on the conditions specified in relation to the exemption, provided that a circumstance or condition that requires a person to have provided ASIC with evidence of a matter that ASIC has stated in writing is adequate is taken to be satisfied if the person has provided ASIC with evidence of that matter.

Note 1: In the period between repeal of the repealed ASIC FFSP Class Orders and commencement of this instrument, the exemptions specified in the repealed ASIC FFSP Class Orders were continued in force by Schedule 2 of ASIC Corporations (Repeal and Transitional) Instrument 2016/396.

Note 2: See paragraph 2(a) of Schedule B to each of ASIC Class Orders [CO 03/1100], [CO 03/1101], [CO 03/1103], [CO 04/829] and [CO 04/1313] and subparagraph 2(a)(ii) of Schedule B to ASIC Class Order [CO 03/1102].

(2) An exemption that continues to apply by force of subsection (1) applies provided any person relying on the exemption:

(a) was able to rely on the exemption (as continued in force by ASIC Corporations (Repeal and Transitional) Instrument 2016/396) on 31 March 2020; and

(b) complies with any written notice given by ASIC directing the person to give to ASIC, within the time specified in the notice, a written statement containing specified information about the financial service business operated by the person in this jurisdiction.

Part 3—Repeal

8 Repeal

This instrument is repealed at the end of 31 March 2027.

Schedule 1—Repeals

ASIC Corporations (Repeal and Transitional) Instrument 2016/396

1 The whole of the instrument

Repeal the instrument.