What changed
ASIC has remade six managed investment scheme instruments that give regulatory relief under the Corporations Act 2001. The earlier instruments were due to sunset on 1 October 2026, and the replacements carry the same kinds of relief forward.
Two of the old instruments, covering serviced apartment-style strata arrangements and property rental schemes, have been merged into one. That is why six instruments have been replaced by five new ones:
- Serviced apartment and property rental schemes (Instrument 2026/192): merges two earlier instruments and continues managed investment, licensing, hawking and disclosure relief for strata schemes, management rights schemes and property rental schemes.
- Charitable investment fundraisers (Instrument 2026/730): gives conditional relief from the managed investment, disclosure, hawking and debenture provisions.
- Schools that require enrolment deposits (Instrument 2026/709): provides relief from the managed investment, licensing, disclosure, hawking and debenture provisions.
- Small horse racing syndicates and private horse breeding schemes (Instrument 2026/723): means eligible small syndicates don’t have to register as managed investment schemes, and gives private horse breeding scheme operators relief from the managed investment, licensing, disclosure and hawking provisions.
- Responsible entities of attribution managed investment trusts (Instrument 2026/726): helps responsible entities deal with issues that can arise when applying the tax regime for managed investment trusts to a registered scheme.
Who is affected
The relief reaches well beyond responsible entities. Strata, management rights and property rental scheme operators, charitable investment fundraisers, schools collecting enrolment deposits, small horse racing syndicates, private horse breeding scheme operators and responsible entities of attribution managed investment trusts all need to take note.
When it starts
The new instruments were registered in late September 2026, in time to replace the old instruments before they sunset on 1 October 2026. ASIC announced the remake on 28 September 2026.
What it means in practice
For most operators, the relief they relied on before is still available. However, operators shouldn’t assume every condition is word-for-word identical, so it’s worth reading the instrument that applies to you. ASIC has also said it will update its related guidance, namely RG 87 (charitable schemes and school enrolment deposits), RG 91 (horse breeding schemes and horse racing syndicates) and RG 140 (strata schemes and management rights schemes), in the coming months.
ASIC consulted on the remake in May 2026 through consultation paper CS 53 and received 19 submissions. Most of the feedback was about the relief for horse racing syndicates. Non-confidential submissions, along with a summary of feedback and ASIC’s response, are available on the CS 53 page.
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General information only, not legal advice. Check the official source before acting.
Source: ASIC. Licence: CC BY 4.0.
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