ASIC Corporations (Disclosure of Directors' Interests) Instrument 2026/758

ASIC has registered the ASIC Corporations (Disclosure of Directors' Interests) Instrument 2026/758 on the Federal Register of Legislation, with the instrument made on 11 September 2026 and commencing the day after registration. The instrument replaces and repeals the ASIC Corporations (Disclosure of Directors' Interests) Instrument 2016/881, which was due to sunset on 1 October 2026 under the automatic sunsetting provisions of the Legislation Act 2003.

The instrument is made under subsection 205G(6) of the Corporations Act 2001. Subsection 205G(1) of the Corporations Act requires a director of a listed public company to notify the relevant market operator of a notifiable interest held by the director. The instrument exempts a director from that separate notification requirement where the director reasonably believes the company has already complied with the applicable listing rules requiring disclosure of the same notifiable interest.

The remake follows ASIC's consultation paper CS 57, released in July 2026, in which ASIC proposed to remake this and two related instruments for a further five year period with only minor amendments to simplify language and adopt market neutral drafting. ASIC has said the practical effect of the exemption is intended to remain unchanged from the predecessor instrument. The new instrument is a legislative instrument rather than a court decision or policy announcement, and its practical effect depends on the relevant market operator's own listing rules continuing to require equivalent disclosure.