An exemption has been granted to provide relief for certain overseas entities, subject to a comparable mandatory overseas climate reporting regime, from the climate reporting, assurance, and record-keeping duties they have under Part 7A of the Financial Markets Conduct Act 2013.
Initially, the notice only specifies Australia as an approved jurisdiction, and Australian Sustainability Reporting Standard AASB S2 Climate-related Disclosures as an approved foreign climate reporting standard. The FMA intends to add to the notice other countries as approved jurisdictions and other approved foreign climate reporting standards. The FMA will initiate the process to assess other countries and their reporting standards as the need arises. It will conduct a targeted consultation with affected stakeholders as part of any assessment process. Any additions to the notice will be publicly notified.
Finally, the notice includes various conditions – including requirements which have the effect of mandating that exempt Australian entities must file on the New Zealand CRD register a copy of their annual report containing the sustainability report and the auditor’s report on the sustainability report.
The notice came into force on 31 March 2026. The FMA can grant exemptions only for 5 years. Accordingly, the exemption notice will expire on 30 March 2031. This may cause issues for entities with a 30 December and 31 March balance date, as they will have been able to rely on the exemption notice during their December 2030/March 2031 financial year, but the exemption will expire before those entities are finally required to file those climate statements. The FMA intends to consult early on the rollover of the exemption to provide some certainty for those affected entities.
The notice does not recognise that the foreign climate statements being produced could cover the exempt entity but be produced by another entity (for example, the exempt entity’s parent company. These cases are small in number and will be considered on an individual basis. Similarly, the notice does not allow a New Zealand-incorporated climate reporting entity to use a broadly equivalent overseas standard to align with its parent’s or subsidiary’s reporting. Nor does the notice allow a New Zealand-incorporated climate reporting entity to dispense with New Zealand climate reporting, where their parent/holding company reports in Australia inclusive of all entities in a group, and instead file that Australian report on the New Zealand register.
View the Financial Markets Conduct (Climate-related Disclosures for Overseas Climate Reporting Entities) Exemption Notice 2026