What Happened
ASIC has published a consultation about proposed relief for disclosing private debt arrangements (CS 38) in its official Regulatory Tracker (28 Nov 2025). If the new rules are implemented, they will alter how trusts that manage a superannuation/investment fund must report their holdings of private debt.
While the consultation is not directly related to Forex or Contracts For Difference (CFDs), it demonstrates ASIC's continued commitment to increasing transparency and disclosure requirements for fund flows, reporting, and the responsibilities of intermediaries.
Why it Matters for FX/CFD Brokers
ASIC is the primary regulator of brokers in Australia, and many FX/CFD brokers, such as Pepperstone and Interactive Brokers Australia Pty Ltd, are subject to ASIC's regulations.
Increased emphasis on disclosure and transparency could lead to greater regulatory scrutiny of brokers that provide retail CFDs or other complex derivatives, ultimately altering how brokers manage client funds and their reporting and compliance obligations.
Brokers located outside Australia will be at risk of regulatory arbitrage due to increased oversight in jurisdictions such as Australia. This regulatory arbitrage could create incentives for retail clients to move to offshore or unregulated brokers, which we discourage at WikiLix.
WikiLix Insight
While the proposed rules will not change leverage or CFD-specific rules, they are part of a larger global regulatory trend that is moving regulators away from focusing solely on product-level issues and toward fund flows, disclosures, and structural transparency. Consequently, all brokers should remain vigilant and monitor evolving regulations, including those in Australia, the EU, and other jurisdictions, regardless of their compliance with existing CFD regulations.
