ASIC Corporations (Property Rental Schemes) Instrument 2016/870

ASIC Corporations (Property Rental Schemes) Instrument 2016/870

made under subsections 601QA(1), 926A(2), 992B(1) and 1020F(1) of the Corporations Act 2001

Compilation No. 3 

Compilation date: 27/03/2026

Includes amendments: F2026L00366

About this compilation

This compilation

This is a compilation of the ASIC Corporations (Property Rental Schemes) Instrument 2016/870 that shows the text of the law as amended and in force on 27/03/2026 (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. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

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. Any modifications affecting the law are accessible on the Register.

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

1 Name of legislative instrument

3 Authority

4 Definitions

Part 2—Exemptions

5 Relief from scheme registration under Chapter 5C

6 Relief from licensing requirement

7 Relief from hawking prohibition

8 Relief from disclosure provisions

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 (Property Rental Schemes) Instrument 2016/870.

3 Authority

This instrument is made under subsections 601QA(1), 926A(2), 992B(1) and 1020F(1) of the Corporations Act 2001.

4 Definitions

In this instrument:

Act means the Corporations Act 2001.

property rental scheme means a managed investment scheme to which all of the following apply:

(a) the scheme involves owners of interests in real property making their interests available for commercial or residential letting or rental purposes (including day to day management of any lease arrangement);

(b) the owners have not acquired their interests in real property jointly as a result of participating in the scheme;

(c) the scheme does not involve a serviced apartment, hotel, motel or resort complex.

real estate agent means a person who is licensed to manage real property under the law of a State or Territory in this jurisdiction.

Part 2—Exemptions

5 Relief from scheme registration under Chapter 5C

A real estate agent who operates a property rental scheme does not have to comply with subsection 601ED(5) of the Act in relation to the scheme.

6 Relief from licensing requirement

A person who provides a financial service in relation to an interest in a property rental scheme does not have to comply with subsection 911A(1) of the Act to the extent that it requires the person to hold an Australian financial services licence covering the provision of the service.

Note:  ASIC Corporations (Miscellaneous Technical Relief) Instrument 2026/115 provides relief from subsections 911A(1) and 911B(1) of the Act to a person who provides financial services on behalf of a person who does not need an Australian financial services licence because of an exemption made under section 926A of the Act.

7 Relief from hawking prohibition

An interest in a property rental scheme is exempt from section 992A of the Act.

8 Relief from disclosure provisions

An interest in a property rental scheme is exempt from Divisions 2 to 4 of Part 7.9 of the Act.

Note 1: The provision of the relief in sections 5 to 8 should not be taken to imply that the ordinary business of real estate agents in leasing or managing property generally or necessarily involves a managed investment scheme.  This will not be the case where, for example, the owner of the property has day to day control through being able to give directions to their agent.  The relief is provided for the avoidance of doubt and to provide legal certainty.

Note 2: Conditional relief in relation to arrangements involving a serviced apartment, hotel, motel or resort complex is given by ASIC Corporations (Serviced Apartment and Like Schemes) Instrument 2016/869.

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

Endnote 3—Legislation history

Endnote 4—Amendment history