On 20 January 2023, AST GVT registered 3rd compilation of ASIC corporations (short selling) instrument 2018/745; shows text of instrument as in force on 7 December 2022.

• Compilation reflects changes made by ASIC corporations (short selling) amendment instrument 2022/968; the effect of these changes is set out in further detail below.

Background:

• On 6 December 2022, AST GVT registered ASIC Corporations (short selling) Amendment Instrument 2022/968, to amend 2018/745 detailed above, as from 7 December 2022.
• Extends hedging relief to permit the naked short selling by a market maker of an interest in specified ETFs (approved ETFs) for the purpose of hedging risks arising from market making activities in a ETO whose underlying interest is in respect of approved ETFs.
• Extends deferred settlement relief to permit deferred settlement trading under or in connection with a public offer where there is a commitment to pay application monies.
• Or where there is an entitlement to be transferred securities under/in connection with a corporate action e.g. a compromise or arrangement under Corporations Act Part 5.1.
• Also makes minor, technical and administrative updates to 2018/745.