ASIC Corporations (Cash Settlement Fact Sheet) Instrument 2022/59

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Legislation au F2022L00124 In force Legislative Instrument

Legislation content

ASIC Corporations (Cash Settlement Fact Sheet) Instrument 2022/59

made under paragraph 951B(1)(a)  of the Corporations Act 2001.

Compilation No. 1 

Compilation date: 22/11/2024

Includes amendments up to: F2024L01468

About this compilation

This compilation

This is a compilation of the ASIC Corporations (Cash Settlement Fact Sheet) Instrument 2022/59  that shows the text of the law as amended and in force on 22/11/2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1 - Preliminary…………………………………………………………………..4

1 Name of legislative instrument

3 Authority

4 Definitions

Part 2—Exemption

5 Timing for giving a Cash Settlement Fact Sheet—immediate need

Part 3—Repeal

6 Repeal

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Part 1—Preliminary

1 Name of legislative instrument

This is the ASIC Corporations (Cash Settlement Fact Sheet) Instrument 2022/59.

3 Authority

This instrument is made under 951B(1)(a) of the Corporations Act 2001.

4 Definitions

In this instrument:

Act means Corporations Act 2001.

providing entity has the same meaning as in section 948B of the Act

Part 2—Exemption

5 Timing for giving a Cash Settlement Fact Sheet—immediate need

(1) A providing entity does not have to comply with subsection 948C(1) of the Act to the extent it requires the providing entity to give a Cash Settlement Fact Sheet at the time specified in section 948D of the Act.

(2) The exemption in subsection (1) applies in relation to an offer (cash settlement offer) made by the providing entity to a client to settle all or part of a claim under a general insurance product using a cash payment where all of the following apply:

(a) the client has expressly instructed the providing entity that the client is in immediate need of a cash payment because of the insurable event the subject of the claim

(b) the cash settlement offer has been made verbally (verbal cash settlement offer) to the client no later than 42 days after the insurable event the subject of the claim;

(c) the total of the following does not exceed $5,000:

(i)  the amount of the cash settlement offer;

(ii) the amount of any other cash settlement offers made to the client by the providing entity in relation to the insurable event in accordance with paragraphs (a) and (b) that either:

  1.  have been accepted; or
  2.  remain capable of being accepted.

Conditions

(3) The providing entity must:

(a) verbally give the client the information and statements specified in subsection 948F(1) at the time the verbal cash settlement offer is made; and

(b) take all reasonable steps to give the client a Cash Settlement Fact Sheet within:

(i) 48 hours of the verbal cash settlement offer being made if the Cash Settlement Fact Sheet is given electronically; or

(ii) 5 business days of the verbal cash settlement offer being made if the client has notified the providing entity they cannot or do not want to be given the Cash Settlement Fact Sheet electronically; and

(c) take all reasonable steps to make the cash payment within 2 days of the client accepting the verbal cash settlement offer; and

(d) provide the client with the right to have the accepted cash settlement offer reversed (right of reversal) on terms that include the following:

(i) the client may exercise the right of reversal up to 12 months after the date the cash payment was made;

(ii)  no interest or fees on the amount of the cash payment are payable by the client.

Note:  Paragraph (d) does not limit any rights of review available to the client in relation to the insurance product.

Part 3—Repeal

6 Repeal

This instrument is repealed at the start of 1 April 2030.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted

orig = original

am = amended

par = paragraph(s)/subparagraph(s)

amdt = amendment

/subsubparagraph(s)

c = clause(s)

pres = present

C[x] = Compilation No. x

prev = previous

Ch = Chapter(s)

(prev…) = previously

def = definition(s)

Pt = Part(s)

Dict = Dictionary

r = regulation(s)/rule(s)

disallowed = disallowed by Parliament

reloc = relocated

Div = Division(s)

renum = renumbered

exp = expires/expired or ceases/ceased to have

rep = repealed

Effect

rs = repealed and substituted

F = Federal Register of Legislation

s = section(s)/subsection(s)

gaz = gazette

Sch = Schedule(s)

LA = Legislation Act 2003

Sdiv = Subdivision(s)

LIA = Legislative Instruments Act 2003

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

cannot be given effect

SubCh = SubChapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

o = order(s)

commenced or to be commenced

Ord = Ordinance

 

 

Endnote 3—Legislation history

Name

Registration

Commencement

Application, saving and transitional provisions

ASIC Corporations (Cash Settlement Fact Sheet) Instrument 2022/59

08/02/2022 (see F2022L00124)

09/02/2022

 

ASIC Corporations (Amendment) 2024/883

21/11/2024 (see F2024L01468)

22/11/2024

 

 

Endnote 4—Amendment history

Provision affected

How affected

s 2

rep LA s 48D

s 5(2)(b)

am 2022/59

s 6

am 2022/59

 

Overview

The ASIC Corporations (Cash Settlement Fact Sheet) Instrument 2022/59, enacted under the Corporations Act 2001, was introduced to address the gap in providing timely cash settlement options to clients in immediate need of financial assistance due to insurable events. This legislative instrument aims to streamline the process for providing entities to offer cash settlements verbally to clients who have explicitly stated their urgent need for funds. The instrument exempts providing entities from the requirement to furnish a Cash Settlement Fact Sheet at the specified time under certain conditions, ensuring that clients in immediate need receive timely assistance. The policy objective is to facilitate prompt cash settlement offers while maintaining client protections, such as the right to reverse the cash settlement offer within twelve months without incurring interest or fees. The instrument was enacted by the Australian Securities and Investments Commission (ASIC) and is set to be repealed on 1 April 2030. It outlines the criteria under which providing entities can make verbal cash settlement offers, the conditions for these offers, and the steps that must be taken to ensure compliance with client protection requirements. This legislative measure seeks to balance the urgency of client needs with the statutory obligations of providing entities, thereby enhancing consumer protection within the insurance sector.

Scope and Application

The ASIC Corporations (Cash Settlement Fact Sheet) Instrument 2022/59, made under the Corporations Act 2001, applies to entities classified as providing entities as defined in section 948B of the Act. These entities are primarily those involved in the provision of general insurance products. The instrument outlines specific exemptions and requirements for the provision of a Cash Settlement Fact Sheet in certain circumstances. It exempts providing entities from the requirement to provide a Cash Settlement Fact Sheet at the time specified by the Act when offering a cash settlement for a claim under a general insurance product, provided the client is in immediate need of a cash payment, the offer is made verbally within 42 days of the insurable event, and the total cash settlement offer does not exceed $5,000. Under these conditions, the providing entity must verbally provide the client with specified information and statements, make reasonable efforts to provide the Cash Settlement Fact Sheet within 48 hours electronically or 5 business days if not electronically, and ensure the cash payment is made within 2 days of acceptance. Additionally, the client must be given the right to reverse the cash settlement offer under specific terms. The instrument is repealed at the start of 1 April 2030 and includes provisions for its legislative history and amendments up to 22 November 2024. This instrument operates under the jurisdiction of the Commonwealth of Australia and is applicable nationally. The instrument may be extended or restricted through subordinate instruments, but no such extensions or restrictions are explicitly mentioned in the provided text. The instrument's scope and application are limited to the specified conditions regarding the cash settlement offer and the information provided to clients. Any uncommenced amendments are accessible on the Register, and the effect of modifications or repeals is noted in the endnotes of the compilation.

Key Provisions

The ASIC Corporations (Cash Settlement Fact Sheet) Instrument 2022/59 establishes the conditions under which a providing entity may be exempt from certain requirements of the Corporations Act 2001 (the Act). Specifically, section 5(1) of this instrument exempts a providing entity from the need to give a Cash Settlement Fact Sheet at the time specified in section 948D of the Act, provided certain conditions are met (s 5(1)). These conditions include the client expressing an immediate need for a cash payment due to an insurable event, the verbal cash settlement offer being made within 42 days of the insurable event, and the total amount of the cash settlement offer and any other offers made under the same conditions not exceeding $5,000 (s 5(2)). The providing entity must, however, comply with several obligations when making a cash settlement offer under this exemption. Firstly, the entity must verbally provide the client with the information and statements specified in subsection 948F(1) of the Act at the time the verbal cash settlement offer is made (s 5(3)(a)). Secondly, it must take reasonable steps to provide the Cash Settlement Fact Sheet within 48 hours if given electronically, or within 5 business days if the client has opted out of electronic communication (s 5(3)(b)). Thirdly, the entity must make all reasonable efforts to process the cash payment within 2 days of the client accepting the verbal cash settlement offer (s 5(3)(c)). Finally, the client must be informed of their right to reverse the accepted cash settlement offer within 12 months of the payment being made, with no interest or fees applicable (s 5(3)(d)). Failure to comply with the requirements outlined in this instrument may result in various legal consequences. While the instrument itself does not explicitly outline penalties for non-compliance, breaches of the underlying provisions in the Corporations Act 2001 may incur civil penalties, including fines up to $210,000 for corporations and $42,000 for individuals, depending on the severity of the breach (s 1317E). Additionally, in cases where the breach constitutes a criminal offence, the penalties may include imprisonment, with the maximum penalties varying based on the specific offence under the Act. These potential consequences underscore the importance of adhering to the stipulated requirements to avoid legal repercussions.

Legal classification tags

Area of Law
Corporate Law & Governance
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Exemptions & Exclusions
Reporting & Disclosure Obligations

Interactions

Authorises

All Versions

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.