Skip to main content

Major amendments now in effect for financial services legislation and mandatory climate reporting

/
Content updates

New laws have been introduced to help ensure the stability of Australia’s financial markets. The Treasury Laws Amendment (Financial Market Infrastructure and Other Measures) Act 2024 (Cth) (the FMI Act) inserts a new Part 7.3B into the Corporations Act 2001 (Cth) to enshrine a crisis management and resolution scheme. The same Act brought in mandatory climate reporting for companies to be phased in over the next three years. All the amendments became law in September 2024.

The financial services amendments in the FMI Act implement the recommendations of the Council of Financial Regulators. The licensing, supervisory and enforcement powers of the Australian Securities and Investments Commission (ASIC) and the Reserve Bank of Australia (RBA) are bolstered to enable better monitoring of entities that make up our financial infrastructure (such as markets, clearing and settlement facilities and derivative trade repositories), risk awareness, and action to mitigate those risks.
ASIC will make new and updated regulatory guides available on its website to assist the financial services sector to comply.
With the passage of the FMI Act, large companies and financial market institutions now also have sustainability reporting and governance responsibilities for reporting period starting on 1 January 2025. Chapter 2M of the Corporations Act covers financial reports and auditing requirements.
Sustainability reporting will be phased in over the next three years. The first set of reporting entities affected are:

  • large entities and their controlled entities that meet at least two the following:
  1. consolidated annual revenue of at least $500 million;
  2. consolidated gross assets of at leas $1 billion at the end of the financial year; and
  3. at least 500 employees at the end of the financial year; and
  • entities above the threshold in s 13(1)(a) of the National Greenhouse Energy Reporting Act 2007 (Cth).

ASIC’s website has a dedicated page to provide information for entities on how to comply with the reporting obligations and setting out how the laws will be administered. 
In addition, ASIC will be issuing regulatory guidance and conducting consultations with stakeholders.
The affected legislation, including the Corporations Act 2001 (Cth) and the Australian Securities and Investments Commission Act 2001 (Cth), is all available on Westlaw.
 

By Nick Jewlachow
Senior Content Manager, Analytical Law

Nick has over 20 years’ worth of experience in publishing, commissioning and editing experts’ contributions on corporate and tax law in Australia.

Speak to a consultant

Can't find an answer to your question?
Contact our support team.

Request training

Contact our team to arrange training.

Tell us what you think

We'd love to hear what you think
of our products and support.