ASIC Corporations (Short Term Trading Market) Instrument 2021/218

Administered by Department of the Treasury

Legislation au F2021L00341 In force Legislative Instrument

Legislation content

ASIC Corporations (Short Term Trading Market) Instrument 2021/218

made under paragraph 926A(2)(a) of the Corporations Act 2001.

Compilation No. 1 

Compilation date: 27 March 2026

Includes amendments up to: F2026L00277

About this compilation

This compilation

This is a compilation of the ASIC Corporations (Short Term Trading Market) Instrument 2021/218 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.

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

1 Name of legislative instrument

3 Authority

4 Definitions

Part 2—Exemption

5 Exemption from the requirement for AEMO to hold an AFS licence

6       Exemption from the requirement for Trading Participants of AEMO to hold an AFS licence

Part 3—Repeal......................................................6

7 Repeal..............................................................6

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 (Short Term Trading Market) Instrument 2021/218.

3 Authority

This instrument is made under paragraph 926A(2)(a) of the Corporations Act 2001.

4 Definitions

In this instrument:

Act means the Corporations Act 2001.

AEMO means Australian Energy Market Operator Limited ACN 072 010 327.

ex ante rights means the rights and obligations created when AEMO issues or determines an ex ante market schedule or when a schedule is required to be used or taken as an ex ante market schedule in accordance with Subdivision 2 or 6 of Division 7 of Part 20 of the National Gas Rules as in force at the date of this instrument .

National Gas Rules has the meaning given in the National Gas (South Australia) Law (as in force at the date of this instrument) set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia.

Trading Participant has the meaning given by rule 364 of the National Gas Rules as in force at the date of this instrument.

Part 2—Exemption

5 Exemption from the requirement for AEMO to hold an AFS licence

AEMO does not have to comply with subsection 911A(1) of the Act for the provision of the following financial services to a Trading Participant that is a wholesale client:

(a) providing general advice in relation to ex ante rights;

(b) dealing in ex ante rights by issuing them;

(c) making a market in ex ante rights.

6       Exemption from the requirement for Trading Participants of AEMO to hold an AFS licence

A Trading Participant does not have to comply with subsection 911A(1) of the Act for dealing in ex ante rights on its own behalf by issuing the ex ante rights where the ex ante rights are also issued by AEMO to the Trading Participant as a wholesale client of AEMO.

Part 3—Repeal

7       Repeal

This instrument is repealed at the start of 1 April 2031.

 

 

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

p = page(s)

amdt = amendment

para = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/subsubparagraph(s)

ch = Chapter(s)

pres = present

cl = clause(s)

prev = previous

cont. = continued

(prev…) = previously

def = definition(s)

pt = Part(s)

Dict = Dictionary

r = regulation(s)/Court 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

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

/rule(s)/subrule(s)/order(s)/suborder(s)

LIA = Legislative Instruments Act 2003

sch = Schedule(s)

(md not incorp) = misdescribed amendment

SLI = Select Legislative Instrument

cannot be given effect

SR = Statutory Rules

mod = modified/modification

sub ch = SubChapter(s)

No. = Number(s)

sub div = Subdivision(s)

Ord = Ordinance

sub pt = Subpart(s)

 

underlining = whole or part not

 

commenced or to be commenced

 

 

Endnote 3—Legislation history

Name

Registration

Commencement

Application, saving and transitional provisions

ASIC Corporations (Short Term Trading Market) Instrument 2021/218

25 March 2021

(F2021L00341) 

01 April 2021

 

ASIC Corporations (Amendment) Instrument 2026/159

26 March 2026

(F2026L00277)

27 March 2026

 

 

 

 

Endnote 4—Amendment history

Provision affected

How affected

Section 2

 

rep S48D LA

 

Section 7

 

am F2026L00277

 

 

 

 

Overview

The ASIC Corporations (Short Term Trading Market) Instrument 2021/218 was enacted to provide specific regulatory relief to the Australian Energy Market Operator (AEMO) and its trading participants in the short-term trading market. This legislative instrument was made under the Corporations Act 2001 and aims to streamline operations within the energy market by exempting AEMO and its trading participants from certain financial services licensing requirements when dealing with ex ante rights. The instrument was registered on 25 March 2021 and came into force on 1 April 2021. It includes amendments up to 27 March 2026 and is set to be repealed on 1 April 2031. The policy objective is to facilitate efficient market operations by reducing regulatory burdens on market participants, thereby enhancing the overall functionality and responsiveness of the energy market.

Scope and Application

The ASIC Corporations (Short Term Trading Market) Instrument 2021/218 applies specifically to the Australian Energy Market Operator Limited (AEMO) and its Trading Participants who engage in the short-term trading market. The instrument exempts AEMO from the requirement to hold an Australian Financial Services (AFS) licence for providing certain financial services related to ex ante rights to Trading Participants who qualify as wholesale clients. These services include providing general advice, dealing in ex ante rights by issuing them, and making a market in ex ante rights. Similarly, it exempts Trading Participants from the need to hold an AFS licence when they deal in ex ante rights on their own behalf by issuing them, provided that the ex ante rights are also issued by AEMO to the Trading Participant as a wholesale client. The instrument is in force from 1 April 2021 and is set to be repealed on 1 April 2031. The scope of the exemption is geographically limited to activities within Australia, in accordance with the Corporations Act 2001, and does not extend to other jurisdictions. The instrument does not specify any exclusions or thresholds beyond those activities directly related to ex ante rights in the context of the National Gas Rules. Any modifications or amendments to the instrument are accessible on the legislative register, although this compilation does not reflect any such modifications or uncommenced amendments.

Key Provisions

The ASIC Corporations (Short Term Trading Market) Instrument 2021/218 (the "Instrument") provides exemptions from the requirement for the Australian Energy Market Operator Limited (AEMO) and its Trading Participants to hold an Australian Financial Services (AFS) licence for certain activities related to ex ante rights. Section 5 of the Instrument exempts AEMO from holding an AFS licence for providing specific financial services to a Trading Participant who is a wholesale client, such as general advice in relation to ex ante rights, dealing in ex ante rights by issuing them, and making a market in ex ante rights. Section 6 exempts Trading Participants from holding an AFS licence for dealing in ex ante rights on their own behalf by issuing them, where these rights are also issued by AEMO to the Trading Participant as a wholesale client. These exemptions are critical for streamlining operations within the short-term trading market and ensuring that market participants can efficiently engage in financial services related to ex ante rights without the need for an AFS licence. The obligations imposed by the Instrument on AEMO and its Trading Participants are primarily focused on compliance with the conditions set forth in sections 5 and 6. AEMO must ensure that when providing the exempted financial services to wholesale clients, it adheres to the terms specified in the Instrument. Similarly, Trading Participants must ensure that any dealing in ex ante rights on their own behalf aligns with the exemptions provided, particularly in cases where these rights are issued by AEMO. Both AEMO and Trading Participants must maintain records and evidence to demonstrate compliance with the exemptions, should they be subject to review by the Australian Securities and Investments Commission (ASIC). Failure to comply with the requirements of the Instrument can result in civil or criminal penalties. Although the specific penalties are not detailed within the Instrument itself, general provisions under the Corporations Act 2001 (the "Act") may apply. For instance, breaches of the Act that lead to misleading or deceptive conduct can attract penalties under section 1317G of the Act, which can include fines of up to $2.2 million for corporations and imprisonment for up to five years for individuals. Additionally, under section 1311 of the Act, AEMO and Trading Participants can be subject to penalties for failing to comply with civil penalty provisions, which may include significant fines. It is important for AEMO and its Trading Participants to ensure strict adherence to the conditions of the exemptions to avoid any potential legal ramifications.

Legal classification tags

Area of Law
Corporate Law & Governance
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Exemptions & Exclusions
Regulatory Standards

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.