ASIC Corporations (Euroclear Materiality Declaration and Exemption) Instrument 2026/404

ASIC Corporations (Euroclear Materiality Declaration and Exemption) Instrument 2026/404

I, Calissa Aldridge, delegate of the Australian Securities and Investments Commission, make the following notifiable instrument.

Date 25 May 2026

Contents

Part 1—Preliminary 3

1 Name of notifiable instrument....................................3

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

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

4 Definitions...................................................3

Part 2—Declaration 4

5 Materiality declaration under subsection 820D(2) of the Act............4

Part 3—Exemption 5

6 Australian CS facility licence exemption............................5

Part 4—Repeal 6

7 Repeal of exemption where licence application lodged within 12 months..6

8 Repeal of exemption where licence application not lodged within 12 months6

Part 1—Preliminary

1 Name of notifiable instrument

This is the ASIC Corporations (Euroclear Materiality Declaration and Exemption) Instrument 2026/404.

2 Commencement

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

Note 1: The register may be accessed at www.legislation.gov.au.

Note 2: In addition to registering this instrument, ASIC will give this instrument to Euroclear in accordance with subsection 820D(2) of the Act.

3 Authority

This instrument is made under subsections 820C(1) and 820D(2) of the Corporations Act 2001.

4 Definitions

In this instrument:

Act means the Corporations Act 2001.

CSDR means Regulation (EU) No 909/2014 of the European Parliament and of the Council of 23 July 2014 on improving securities settlement in the European Union and on central securities depositories and amending Directives 98/26/EC and 2014/65/EU and Regulation (EU) No 236/2012.

Euroclear means Euroclear Bank S.A./N.V.

Euroclear Australian Facility means the clearing and settlement facility operated by Euroclear that comprises the Euroclear Facility to the extent that it provides services in respect of Relevant Australian Financial Products.

Euroclear Facility means the clearing and settlement facility that Euroclear is authorised by the NBB to operate under the CSDR in Belgium.

NBB means the National Bank of Belgium.

Relevant Australian Financial Products means Australian dollar denominated financial products issued through the licensed CS facility operated by Austraclear Limited or the licensed CS facility operated by ASX Settlement Pty Limited.

Part 2—Declaration

5 Materiality declaration under subsection 820D(2) of the Act

The Euroclear Australian Facility has a material connection with this jurisdiction.

Part 3—Exemption

6 Australian CS facility licence exemption

Euroclear does not have to comply with subsection 820A(1) of the Act in relation to the operation of the Euroclear Australian Facility.

Part 4—Repeal

7 Repeal of exemption where licence application lodged within 12 months

(1) This section applies if, within 12 months after the day this instrument commences, Euroclear lodges an application for an Australian CS facility licence authorising Euroclear to operate the Euroclear Australian Facility.

(2) Part 3 of this instrument is repealed at the end of:

(a)  if ASIC notifies Euroclear in writing that ASIC refuses to receive the application under subsection 1274(8) of the Act—the day that is 18 months after the day this instrument commences; and

(b) if Euroclear withdraws the application—the later of the day on which the application is withdrawn and the day that is 18 months after the day this instrument commences; and

(c) if ASIC refuses to grant Euroclear a licence authorising Euroclear to operate the Euroclear Australian Facility—the later of the day on which ASIC gives Euroclear notice in writing of the refusal and the day that is 18 months after the day this instrument commences; and

(d)  if ASIC grants Euroclear a licence authorising Euroclear to operate the Euroclear Australian Facility—the day on which ASIC grants the licence.

8 Repeal of exemption where licence application not lodged within 12 months

If section 7 does not apply, Part 3 of this instrument is repealed at the end of the day that is 18 months after the day this instrument commences.