ASIC Corporations (Amendment) Instrument 2024/809

Administered by Department of the Treasury

Legislation au F2024L01349 Not in force Legislative Instrument

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Explanatory Statement

ASIC Corporations (Amendment) Instrument 2024/809

This is the Explanatory Statement for ASIC Corporations (Amendment) Instrument 2024/809.

The Explanatory Statement is approved by the Australian Securities and Investments Commission (ASIC).

Summary

1. The ASIC Corporations (Amendment) Instrument 2024/809 (Amendment Instrument) amends the ASIC Corporations (Financial Services Guides) Instrument 2015/541(Principal Instrument). The Amendment Instrument allows financial services licensees and authorised representatives (providing entities) to, in place of giving a Financial Services Guide (FSG) to a client, make available website disclosure information for dealing in a financial product for the purpose of implementing financial product advice that the providing entity provided to that client.

2. The Amendment Instrument is intended to be an interim measure to provide certainty for providing entities ahead of consideration of potential future legislative changes by the Government to implement the relief in the primary law or regulations.

Purpose of the instrument

3.  Sections 941A and 941B of the Corporations Act 2001 (Corporations Act) require providing entities to give retail clients an FSG if they provide a financial service to the client unless a situation described in section 941C applies.

4. Schedule 1 of the Treasury Laws Amendment (Delivering Better Financial Outcomes and Other Measures) Act 2024 (DBFO Act) amended section 941C to insert subsection 941C(5A) which permits providing entities to make available ‘website disclosure information’ as a further situation in which they do not have to give clients an FSG.

5. There are requirements that must be met before a providing entity may rely on website disclosure information instead of giving an FSG to a client. The DBFO Act required that the financial service provided to the client had to be financial product advice.

6. This condition meant that providing entities had to still give a client an FSG if they wanted to deal in a financial product for the purpose of implementing the advice they provided to the client, including if the entity sought to apply for a financial product on the client’s behalf.

7. This outcome was not consistent with the policy intent of the DBFO Act, which included reducing regulatory burden on providers of financial product advice. It also limited the flexibility that providing entities had to otherwise disclose information required in an FSG.

8. As such, the purpose of the Amendment Instrument is to enable website disclosure information to be made available for dealing in a financial product where the purpose of the dealing is to implement financial product advice that the providing entity provided to that client.

9. The other conditions that apply to website disclosure information have not changed. For example, the website disclosure information must be readily accessible on the providing entity’s website (section 943K) and kept up to date (section 943L).

Consultation

10. ASIC has consulted with Treasury on a confidential basis. Both Treasury and Government support the Amendment Instrument. Wider consultation was not considered necessary given the purpose of the amendments is to ensure website disclosure information is operating consistent with the intended policy.

11. ASIC has engaged with the Office of Impact Analysis (ref OIA24 -08457), who determined that a detailed Impact Assessment was not required.

Operation of the instrument

12. Section 2 of the Amendment Instrument provides that it commences on the day after it is registered on the Federal Register of Legislation.

13. Section 3 of the Amendment Instrument provides that the instrument is made under section 951B of the Corporations Act.

14. Section 4 of the Amendment Instrument has the effect that the Principal Instrument is amended or repealed as set out in Schedule 1 to the Amendment Instrument. 

15. Item 1 of Schedule 1 amends the Principal Instrument to insert section 6 which modifies subsection 941C(5A) of the Corporations Act by omitting paragraph 941C(5A)(a) and substituting in new paragraph 941C(5A)(a). The effect of new paragraph 941C(5A)(a) is that dealing in a financial product for the purpose of implementing financial product advice that the providing entity provided to the client is added to financial product advice as a financial service that may be supported by website disclosure information rather than the giving of an FSG.

Legislative instrument and primary legislation 

16. The subject matter and policy implemented by the Amendment Instrument are more appropriate for a legislative instrument, rather than primary legislation because the matters contained in the instrument are:

(a) a specific amendment designed to ensure that the application of primary legislation applies in a way consistent with the intended policy; and

(b) made on an interim basis ahead of the Government considering potential future legislative changes to the primary legislation or regulations to give effect to the intended policy.

17. It will be a matter for the Government and for Parliament as to when the primary law or regulations may be amended in future to include the relief in the Amendment Instrument.

Duration of the instrument

18. The Amendment Instrument will be repealed in accordance with Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003 (Legislation Act). The amendments made by the Amendment Instrument will have effect until the Primary Instrument is repealed on 1 October 2025.

Legislative authority

19. The Amendment Instrument is made under section 951B of the Corporations Act.

20. Under subsection 33(3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

21. The Amendment Instrument is a disallowable legislative instrument under the Legislation Act.

Statement of Compatibility with Human Rights 

22. The Explanatory Statement for a disallowable legislative instrument must contain a Statement of Compatibility with Human Rights under subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011. A Statement of Compatibility with Human Rights is in the Attachment.


Attachment

Statement of Compatibility with Human Rights

 

This Statement of Compatibility with Human Rights is prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

ASIC Corporations (Amendment) Instrument 2024/809

Overview

1. The ASIC Corporations (Amendment) Instrument 2024/809 amends ASIC Corporations (Financial Services Guides) Instrument 2015/541 to insert section 6 that modifies subsection 941C(5A) of the Corporations Act 2001 to permit providing entities to make available website disclosure information if dealing in a financial product for the purpose of implementing financial product advice that the providing entity provided to a client.

Assessment of human rights implications

2. This instrument does not engage any of the applicable rights or freedoms.
 

Conclusion

3. This instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview

The ASIC Corporations (Amendment) Instrument 2024/809 was enacted to address a gap in the Corporations Act 2001 by allowing financial services licensees and authorised representatives to make available website disclosure information instead of giving a Financial Services Guide (FSG) to clients when dealing in a financial product for the purpose of implementing financial product advice they provided. This interim measure was introduced to provide regulatory certainty ahead of potential legislative changes by the Government. The instrument was approved by the Australian Securities and Investments Commission (ASIC) and is intended to align with the policy intent of the Treasury Laws Amendment (Delivering Better Financial Outcomes and Other Measures) Act 2024, which sought to reduce the regulatory burden on providers of financial product advice. The Amendment Instrument modifies the ASIC Corporations (Financial Services Guides) Instrument 2015/541 by inserting a new section that specifies when website disclosure information can be used in place of an FSG, ensuring that the requirements for accessibility and currency of such information are maintained.

Scope and Application

The ASIC Corporations (Amendment) Instrument 2024/809 is designed to amend the ASIC Corporations (Financial Services Guides) Instrument 2015/541 to allow financial services licensees and authorised representatives, referred to as providing entities, to substitute website disclosure information for a Financial Services Guide (FSG) in specific circumstances. This Amendment Instrument is applicable to providing entities that offer financial product advice to clients, enabling them to use website disclosure information instead of an FSG when dealing in a financial product to implement the advice provided. The changes are interim measures, pending potential legislative adjustments by the Government. The instrument is applicable nationally, operating under the authority of the Corporations Act 2001 and the Legislation Act 2003. It is set to commence the day after its registration and will remain in effect until the Principal Instrument is repealed on 1 October 2025. The Amendment Instrument ensures that website disclosure information remains readily accessible and up to date, aligning with existing regulatory requirements, while providing entities with more flexibility in disclosing information to clients.

Key Provisions

The ASIC Corporations (Amendment) Instrument 2024/809 (Amendment Instrument) amends the ASIC Corporations (Financial Services Guides) Instrument 2015/541 (Principal Instrument) to allow financial services licensees and authorised representatives (providing entities) to offer website disclosure information instead of providing a Financial Services Guide (FSG) to a client when dealing in a financial product for the purpose of implementing financial product advice they provided. This amendment ensures consistency with the policy intent of the Treasury Laws Amendment (Delivering Better Financial Outcomes and Other Measures) Act 2024 (DBFO Act), which aimed to reduce the regulatory burden on financial service providers and increase their flexibility in disclosing information. The Amendment Instrument imposes specific requirements on providing entities. Firstly, the website disclosure information must be readily accessible on the providing entity's website (section 943K) and kept up to date (section 943L). These conditions remain unchanged from the existing requirements for website disclosure information. By amending the Principal Instrument to include dealing in a financial product for the purpose of implementing financial product advice as a situation where website disclosure information can be used instead of an FSG, the Amendment Instrument seeks to align practice with the policy intent behind the DBFO Act. The Amendment Instrument does not introduce new offences, penalties, or consequences for breach. However, it does clarify and expand the circumstances under which providing entities can rely on website disclosure information instead of an FSG. Providing entities must still comply with all other existing requirements for website disclosure information, and failure to meet these requirements could result in regulatory action under the Corporations Act. The Amendment Instrument operates as an interim measure until the Government considers potential future legislative changes to implement the relief in the primary law or regulations. The Amendment Instrument is made under section 951B of the Corporations Act and is a disallowable legislative instrument under the Legislation Act. It is supported by Treasury and the Government and is considered appropriate as a specific amendment designed to ensure the application of primary legislation in a way consistent with the intended policy. The instrument will be repealed in accordance with the Legislation Act, with the amendments made by the Amendment Instrument having effect until the Principal Instrument is repealed on 1 October 2025. The Statement of Compatibility with Human Rights confirms that the instrument does not engage any of the applicable rights or freedoms and is compatible with human rights and freedoms as recognised or declared in the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011.

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Area of Law
Corporate Law & Governance
Instrument
Statutory Instrument
Concepts
Definitions & Interpretation
Regulatory Standards
Licensing & Registration
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.