CS 11 Proposed updates to RG 51 and RG 108
Released 21 October 2024. Comments close 18 November 2024.
We propose updating Regulatory Guide 51 Applications for relief (RG 51) and Regulatory Guide 108 No-action letters (RG 108) to ensure the currency of our guidance.
ob体育 is updating RG 51 and RG 108 to reflect our current regulatory approaches to both applications for relief and no-action letters, to incorporate relevant additional guidance and amend outdated references. We are not proposing to make significant changes to the factors that we consider when assessing applications.
Proposed updates to RG 51:
- consolidate our separate guidance on how we charge fees for applications
- combine relevant guidance on procedural fairness and rights of review
- revise content on what to include when making an application, and
- amend the description of our approach to applications, considering the decision in听Lantern Hotel Group and Australian Securities and Investments Commission听[2015] AATA 428.
Proposed updates to RG 108:
- simplify the existing guidance on 鈥榳hat is a no-action letter鈥� and 鈥榳hy ob体育 gives no-action letters鈥�
- make minor changes to the factors that make it more likely we will give a no-action letter
- consolidate guidance on no-action requests and class no-action requests to avoid repetition, and
- introduce content to highlight the absence of review rights and need to lodge an application through the听听and pay an application fee.
A copy of the updates and a more detailed summary of the changes proposed are linked below.
Providing feedback
We invite feedback on our proposal. You should send your submission to [email protected] by 5 pm on Monday 18 November 2024. We are primarily interested in understanding whether our guidance is sufficiently clear to meet the needs of users.
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Related links
- RG 51听Applications for relief
- RG 108 No-action letters
- ob体育 updates guidance for applicants applying for ob体育 relief or no-action letters (news item)
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