Financial Markets
ASIC seeks feedback on extending CFD consumer protections
On 12 October 2026, ASIC released a consultation seeking feedback on its proposal to extend and amend the consumer protection measures governing contracts for difference (CFDs), with the product intervention order (PIO) proposed to remain in place for a further 10 years.
The proposed PIO would, among other things:
- modernise the definition of CFDs to include CFDs settled through the transfer of digital assets;
- clarify how initial margin requirements apply to CFDs over options;
- confirm that initial margin requirements must be applied separately to each CFD and cannot be reduced by netting opposing positions;
- clarify conditions applying to permitted discounts and educational or research tools; and
- update terminology from “cryptoasset” to “digital asset”.
ASIC is also seeking feedback on whether CFDs over options that expose retail clients to losses greater than the premium should continue to be available to retail investors.
Feedback is requested by 9 November 2026.
See: Media Release; Consultation page
Licensing
ASIC proposes to remake IDR data reporting instrument
On 16 October 2026, ASIC released a consultation seeking feedback on its proposal to remake ASIC Corporations (Internal Dispute Resolution Data Reporting) Instrument 2022/205 (Instrument 2022/205), which specifies the internal dispute resolution (IDR) information that financial firms must report to ASIC and is scheduled to expire on 1 April 2027.
ASIC proposes to remake the instrument for a period of five years, with the only substantive change being to allow small banks (ie those on the lowest tier of APRA’s banking prudential framework) to report their IDR data annually rather than every six months.
ASIC also invites feedback on whether the reduced reporting frequency proposed for small banks should be extended to all firms reporting under Instrument 2022/205.
Feedback is requested by 5pm AEDT on 13 November 2026.
See: Media Release; Consultation page
Fintech
ASIC seeks feedback on implementation of new digital asset laws
On 15 October 2026, ASIC released Consultation Paper 392 Digital asset law reform implementation: Proposed standards and guidance, which outlines its proposed approach to standards and regulatory guidance about complying with the new framework for digital asset platforms (DAPs) and tokenised custody platforms (TCPs) introduced by the Corporations Amendment (Digital Assets Framework) Act 2026 (Cth), commencing on 8 April 2027.
The consultation package includes draft guidance on how to comply with the new laws, proposed standards on asset-holding activities and trading and settlement activities, and proposed financial requirements for licensees.
ASIC’s proposed guidance outlines that firms will need to:
- apply for (or vary) an AFSL;
- provide customer disclosure documents and platform rules; and
- comply with asset-holding standards, transactional and settlement standards, and net tangible asset requirements, where relevant.
ASIC is also proposing to streamline licensing processes for existing AFS licensees, and those who applied for an authorisation in response to Information Sheet 225 Digital assets: Financial products and services, seeking to add DAP or TCP authorisations.
Feedback is requested by 5pm AEDT on 27 November 2026.
See: Media Release, Consultation page, Information Sheet 225
Other
Treasury seeks feedback on proposal to raise proprietary company reporting thresholds
On 19 October 2026, Treasury released draft regulations for consultation to update the reporting thresholds for proprietary companies.
Under the proposed changes, the thresholds above which a company must prepare yearly financial, directors’ and sustainability reports will be raised to $100 million in consolidated revenue (from $50 million) and $50 million in consolidated gross assets (from $25 million). The changes will apply to financial years commencing on or after 1 July 2027.
Feedback on the proposal is requested by 2 November 2026.
See: Media Release, Consultation page
ASIC remakes instrument to increase tangible assets requirement for responsible entities
On 21 October, ASIC announced that it has amended the net tangible assets (NTA) requirements in ASIC Corporations (Financial Requirements for Responsible Entities, IDPS Operators and Corporate Directors of Retail CCIVs) Instrument 2023/647 (ASIC Instrument 2023/647).
The amending instrument, ASIC Corporations (Amendment) Instrument 2026/708 (Instrument 2026/708), increases the NTA required for responsible entities of registered managed investment schemes from 1 July 2027. These changes will apply to:
- responsible entities of registered managed investment schemes;
- operators of investor directed portfolio services (IDPS); and
- corporate directors of retail corporate collective investment vehicles (CCIVs).
ASIC has also updated Regulatory Guide 166 AFS licensing: Financial Requirements (RG 166) to reflect the upcoming changes.
See: Media Release, Instrument 2023/647, Instrument 2026/708, RG 166
Authors: Jonathan Gordon, Partner; Corey McHattan, Partner; Samantha Carroll, Partner; Hong-Viet Nguyen, Partner and Charlotte Ekins, Graduate.
