ASIC Defines Trading Algorithm, but Gives the Market Until 2028 to Catch Up

Thursday, 24/09/2026 | 05:33 GMT by Arnab Shome
  • ASIC has finalised amendments to its Market Integrity Rules that create a legal definition of "Trading Algorithm" and impose new testing, governance and kill switch obligations, taking effect in March 2028.
  • The changes also extend market manipulation rules to agentic AI, cut related guidance volume by almost 60 percent, and follow industry pushback that softened a proposed "real time" monitoring standard.
The logo of ASIC (Shutterstock)
The logo of ASIC (Shutterstock)

The Australian Securities and Investments Commission (ASIC) has, for the first time, put a legal definition on what counts as a trading algorithm. The move sits at the center of a broader update to the rules governing automated and AI driven trading on Australian markets, announced this week by the regulator.

Brokers, exchanges and trading firms have until March 2028 to comply, giving the industry more than a year to rework their systems, testing procedures and internal controls before the new obligations become mandatory.

London's trading industry is coming home!

What Counts as a Trading Algorithm Now

The rules define a "Trading Algorithm" as software that automatically decides one or more parameters of an order, such as whether to place it, its timing, price or quantity, or how to manage it afterward, with limited or no human input.

The definition excludes systems that only route orders, submit them without setting parameters, generate confirmations or handle post trade processing. Alongside it sits a technology-neutral definition of "Trading System," covering any system that registers trading messages for submission to a platform, regardless of how those messages are generated.

Participants using trading algorithms will need documented governance and testing procedures, qualified staff to build and test the algorithms, kill-switch controls that can suspend individual algorithms without shutting down the entire system, and seven years of compliance records.

Read more: Getting to Know your (AI) Agent

ASIC has also scrapped the long-standing Designated Trading Representative role, and simplified certification so that one responsible officer, rather than two directors, needs to confirm accuracy.

Simone Constant, the ASIC Commissioner
Simone Constant, the ASIC Commissioner

"Market participants are important gatekeepers," said ASIC's Commissioner Simone Constant. "These reforms strengthen the controls they must have in place to test, monitor and govern trading systems and algorithms, helping protect the integrity and resilience of Australian markets as technology and AI continue to evolve."

A Longer Runway, a Narrower Rulebook

Industry feedback shifted some of the details. A proposed requirement for "real-time" monitoring became "immediately," which ASIC defines as promptly and without delay, after submissions argued that true real-time detection is not always achievable.

The manipulation rules were also broadened to address agentic AI directly. Participants must now weigh the effect of an order that creates a false or misleading appearance, even when no person intended that outcome, a direct response to systems that can initiate or adapt trades without explicit human direction at the time.

The Futures Industry Association had urged ASIC toward this kind of clarity and international alignment, telling the regulator during consultation it would "strongly support efforts to strengthen market integrity" through clearer algorithm rules, while pressing for closer consistency with Europe's MiFID II framework. ASIC says the changes bring Australia closer to IOSCO principles, and its parallel consultation on guidance would retire one existing regulatory guide entirely while cutting the volume of related guidance by close to 60 percent. Feedback on that guidance closes November 5, 2026.

A separate 2025 ASIC estimate put algorithmic trading at roughly 85 percent of ASX equities volume and as high as 94 percent in SPI 200 futures.

The reforms target order-generating logic specifically, not the client-facing AI layer that platform vendors have been building out.

The Australian Securities and Investments Commission (ASIC) has, for the first time, put a legal definition on what counts as a trading algorithm. The move sits at the center of a broader update to the rules governing automated and AI driven trading on Australian markets, announced this week by the regulator.

Brokers, exchanges and trading firms have until March 2028 to comply, giving the industry more than a year to rework their systems, testing procedures and internal controls before the new obligations become mandatory.

London's trading industry is coming home!

What Counts as a Trading Algorithm Now

The rules define a "Trading Algorithm" as software that automatically decides one or more parameters of an order, such as whether to place it, its timing, price or quantity, or how to manage it afterward, with limited or no human input.

The definition excludes systems that only route orders, submit them without setting parameters, generate confirmations or handle post trade processing. Alongside it sits a technology-neutral definition of "Trading System," covering any system that registers trading messages for submission to a platform, regardless of how those messages are generated.

Participants using trading algorithms will need documented governance and testing procedures, qualified staff to build and test the algorithms, kill-switch controls that can suspend individual algorithms without shutting down the entire system, and seven years of compliance records.

Read more: Getting to Know your (AI) Agent

ASIC has also scrapped the long-standing Designated Trading Representative role, and simplified certification so that one responsible officer, rather than two directors, needs to confirm accuracy.

Simone Constant, the ASIC Commissioner
Simone Constant, the ASIC Commissioner

"Market participants are important gatekeepers," said ASIC's Commissioner Simone Constant. "These reforms strengthen the controls they must have in place to test, monitor and govern trading systems and algorithms, helping protect the integrity and resilience of Australian markets as technology and AI continue to evolve."

A Longer Runway, a Narrower Rulebook

Industry feedback shifted some of the details. A proposed requirement for "real-time" monitoring became "immediately," which ASIC defines as promptly and without delay, after submissions argued that true real-time detection is not always achievable.

The manipulation rules were also broadened to address agentic AI directly. Participants must now weigh the effect of an order that creates a false or misleading appearance, even when no person intended that outcome, a direct response to systems that can initiate or adapt trades without explicit human direction at the time.

The Futures Industry Association had urged ASIC toward this kind of clarity and international alignment, telling the regulator during consultation it would "strongly support efforts to strengthen market integrity" through clearer algorithm rules, while pressing for closer consistency with Europe's MiFID II framework. ASIC says the changes bring Australia closer to IOSCO principles, and its parallel consultation on guidance would retire one existing regulatory guide entirely while cutting the volume of related guidance by close to 60 percent. Feedback on that guidance closes November 5, 2026.

A separate 2025 ASIC estimate put algorithmic trading at roughly 85 percent of ASX equities volume and as high as 94 percent in SPI 200 futures.

The reforms target order-generating logic specifically, not the client-facing AI layer that platform vendors have been building out.

About the Author: Arnab Shome
Arnab Shome
  • 7447 Articles
  • 142 Followers
About the Author: Arnab Shome
Arnab Shome is an electronics engineer-turned-financial editor. He holds a Bachelor of Technology from the National Institute of Technology, Agartala. He entered the retail trading industry about a decade ago, covering the cryptocurrency market for Finance Magnates, and later expanded his coverage to include forex and CFDs as well. His work at Finance Magnates includes C-level interviews, data-driven analysis, opinion pieces, and scoops of industry exclusives. He also contributes to Finance Magnates’ quarterly industry report. Area of coverage: 1. CFD broker-related news 2. Industry-related Regulatory updates and developments 3. New retail trading trends 4. Prop trading industry updates 5. Executive interviews Education: Bachelor of Technology - National Institute of Technology, Agartala (India)
  • 7447 Articles
  • 142 Followers

More from the Author

Retail FX

!"#$%&'()*+,-./0123456789:;<=>?@ABCDEFGHIJKLMNOPQRSTUVWXYZ[\]^_`abcdefghijklmnopqrstuvwxyz{|} !"#$%&'()*+,-./0123456789:;<=>?@ABCDEFGHIJKLMNOPQRSTUVWXYZ[\]^_`abcdefghijklmnopqrstuvwxyz{|}