Legislative instruments

Legislative instruments usually apply to a class of persons or entities who carry out a particular activity in certain circumstances by providing exemptions, modifications, declarations, waivers and rules. 

Before 2015 legislative instruments were referred to as class orders.

This page contains:

• What are instruments?
• What are legislative instruments?
• What are notifiable instruments?
• How do I get copies of instruments and legislative instruments?

Also see:

• Legislative instruments (2015-present)
• Class orders (1998-2014)
• Superseded legislative instruments
• Sunsetting class orders

What are instruments?

ASIC issues an instrument to:

• exempt a person(s) from certain provisions of the Corporations Act 2001 or other Acts administered by us
• modify or clarify the operation of certain provisions
• make declarations about a person(s) who is subject to a particular provision.

Instruments are numbered in order of their issue each year. For example, 02/736 was the 736th instrument published in 2002.

What are legislative instruments?

Legislative instruments are instruments that have a wider application. Before 2015 legislative instruments were referred to as class orders.

Legislative instruments usually apply to a class of persons or entities who carry out a particular activity in certain circumstances, eg timeshare scheme operators, corporations conducting market research, operators of managed investment schemes based on syndicate arrangements etc.

Prior to 2015, legislative instruments were referred to as Class orders to differentiate them from other instruments. ASIC used the prefix 'CO' before their number, for example, instrument 03/67 is a class order, and is referred to as [CO 03/67].

From 2015 legislative instruments are cited first using their full title, for example, 'ASIC Corporations (Advertising by Product Issuers) Instrument 2015/XXX' and subsequently as 'ASIC Instrument 2015/XXX'.

What are notifiable instruments?

A notifiable instrument is an instrument that is likely to be of long-term public interest for which public accessibility and centralised management is desirable. It is not legislative in character. Some examples include:

• instruments declared to be notifiable instruments by primary law or regulations, and
• instruments that are neither legislative instruments nor notifiable instruments under primary law or regulations but are made under a power given by law or delegated by Parliament and are registered as notifiable instruments to enable public accessibility.

How can I get copies of instruments and legislative instruments?

Get copies of instruments

• Instruments issued after 1 July 2001 — see the online ASIC Gazette. Only instruments that are publicly available are published in the ASIC Gazette.
• Credit relief instruments issued under the national credit legislation are published on the ASIC website.
• Instruments issued before 1 July 2001 — you can view paper versions of the ASIC Gazette in libraries participating in the Library Deposit Scheme, i.e. National Library of Australia, State Libraries and publicly funded universities.

Get copies of legislative instruments

• Legislative instruments (2015-present)
• Class orders (1998-2014)
• Class orders issued before 2001:
  • copies of class orders are available for download from www.legislation.gov.au
  • try our regulatory index (a topic index of our regulatory documents and class orders)
  • try the superseded legislative instruments page (where selected pre-2001 class orders can be downloaded)
  • for one-off copies, contact ASIC's Call Centre on 1300 300 630 or make an online inquiry (see Contact us), or
  • see the ASIC Gazette on this website or in libraries participating in the Commonwealth Library Deposit and Free Issue Schemes.

ASIC Digest

Subscribe to the ASIC Digest for a fully consolidated collection of current and superseded legislative instruments and class orders. Legislative instruments and class orders are also published in our specialist publications for industry professionals.

Subscribe to our Policy Alert service which notifies you of new or changed policy documents (including class orders).

For more information visit the website of our publisher Thomson Reuters.