On 28 September 2026, the Australian Securities and Investments Commission (ASIC) announced that it had remade six legislative instruments that provide relief around managed investment schemes including ASIC Corporations (Attribution Managed Investment Trusts) Instrument 2026/726. The instruments that were made were expiring on 1 October 2026. Earlier this year ASIC consulted on a proposal to remake the instruments in CS 53 Proposed remake of six legislative instruments relating to managed investment schemes. Non-confidential submissions, along with a summary of stakeholder feedback and ASIC’s response, have also been made available.

ASIC Corporations (Attribution Managed Investment Trusts) Instrument (New AMIT Instrument)

ASIC has remade the ASIC Corporations (Attribution Managed Investment Trusts) Instrument 2016/489 (Original AMIT Instrument) which was repealed and replaced with the New AMIT Instrument which has an effective date of 24 September 2026.

Like the Original AMIT Instrument, the New AMIT Instrument:

  • provides an exemption from the equal treatment duty in paragraph 601FC(1)(d) of the Corporations Act 2001 (Act) to allow responsible entities of attribution managed investment trusts (AMITs) to attribute tax amounts to members on a fair and reasonable basis under section 276-210 of the Income Tax Assessment Act 1997 (Cth), even if this results in different outcomes for members of the same class; and
  • modifies Part 5C.3 of the Act to provide an additional procedure by which a responsible entity may modify, or repeal and replace, the constitution of a registered scheme to the extent reasonably necessary or incidental to enable the scheme to be operated as an AMIT (and which may not require a special resolution of members or the responsible entity forming a view that the change will not adversely affect members’ rights).  

Consultation feedback

In its consultation, ASIC proposed to remove the relief outlined in section 6 of the Original AMIT Instrument which provides for the additional procedure to modify, repeal or replace a constitution to enable a scheme to be operated as an AMIT. However, following feedback ASIC decided to retain this relief on the basis that it is satisfied that there remains a continuing need for the relief for schemes that may elect to become an AMIT in the future.  ASIC will also make an amendment to ASIC Corporations (Hardship Withdrawals Relief) Instrument 2020/778 to replace the reference it makes to ASIC Instrument 2016/489 with the new instrument details.

Other new legislative instruments

The other new legislative instruments are:

  • ASIC Corporations (Serviced Apartment and Property Rental Schemes) Instrument 2026/192
  • ASIC Corporations (Charitable Investment Fundraising) Instrument 2026/730
  • ASIC Corporations (School Enrolment Deposits) Instrument 2026/709
  • ASIC Corporations (Horse Schemes) Instrument 2026/723

Next steps

The New AMIT Instrument commences on the day after it was registered on the Federal Register of Legislation.