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ASIC draft regulatory guidance for sustainability reporting

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On 7 November 2024, ASIC released draft regulatory guidance for sustainability reporting (RG 000 Sustainability reporting). The consultation paper and draft regulatory guidance explains ASIC’s proposed interpretation of the sustainability reporting requirements under the Corporations Act 2001 and how they intend to administer and enforce the requirements of the Act as it relates to sustainability reporting.

ASIC has made it clear they expect entities to engage with the new sustainability reporting requirements and take steps to ensure they will be ready to comply with them as they are phased in starting from 1 January 2025.

Comments on the draft regulatory guidance close 19 December 2024, with the final version of the regulatory guidance expected to be issued by ASIC in Q1 2025. For a more detailed analysis of the draft regulatory guidance, please see our recent Sustainability Reporting Alert: SRA 2024-4 ASIC releases draft regulatory guidance for sustainability reporting

Key takeaways from the draft regulatory guidance

The draft regulatory guidance specifically explains that it is important assessments about the extent that a climate- related risk or opportunity may be material to the reporting entity are not confined to the annual reporting season but are considered on an ongoing basis. This is because timely and accurate information about material climate-related risks and opportunities (including any changes) will enable the board to make informed judgements about the extent of foreseeable harm to the interests of the reporting entity, as well as assist the reporting entity to comply with its sustainability reporting obligation.

Up until now, sustainability-related information has been included in corporate reporting under many names. This has historically included “sustainability reports” or “ESG reports”, or subsections as part of the annual report with similar titles. ASIC’s draft regulatory guidance states the sustainability report should be used exclusively for statutory sustainability reports under the Corporations Act. Voluntary sustainability statements or voluntary climate statements should be used when referring to information prepared voluntarily under AASB S1 or AASB S2. Any sustainability-related information using a different sustainability standard or framework (e.g. GRI) should be clearly distinguished from the statutory sustainability report, and the voluntary sustainability-related statements.

The draft regulatory guidance establishes an expectation that all entities, including those that are not currently required to prepare an annual sustainability report, should consider and be informed by the sustainability standards (AASB S1 and AASB S2) when preparing climate-related financial information, and other sustainability-related financial information for users outside the sustainability report. This includes the annual report, prospectuses, PDSs, investor presentations or any other market disclosures directed to investors. 

Appendix D of AASB S2 sets out both the fundamental and enhancing qualitative characteristics of useful climate-related financial information. These are: relevance and faithful representation, comparability, verifiability, timeliness, and understandability. The draft regulatory guidance clarifies ASIC’s expectation that all forward-looking information in climate statements must comply with Appendix D. Additionally, any climate-related financial information selectively used or reproduced outside the sustainability report should adhere to the principles of Appendix D of AASB S2.

The draft regulatory guidance makes it clear that ASIC will not necessarily grant sustainability reporting relief merely because an entity has been granted, or has the benefit of, comparable financial reporting relief. Specific reasons that are unlikely to justify relief from sustainability reporting requirements include: being privately owned; closely held by only a small number of members, or has limited known external users; those who need the information that would be set out in a sustainability report already have access to it; or the ordinary costs of complying with an entity’s sustainability reporting obligations constitutes an unreasonable burden.

Grant Thornton has a team of sustainability reporting specialists who understand the intricacies of the reporting requirements. Our team can work closely with you to navigate through the process of getting ready for reporting and provide you with the necessary tools for taking on sustainability reporting independently, including:

  • climate-related risk and opportunity guidance;
  • reporting gap identification;
  • greenhouse gas emissions guidance (including scope 3 emissions);
  • climate-related scenario analysis guidance;
  • assurance readiness;
  • climate reporting support; and
  • training and education. 
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