Department of the Treasury

Order For Legal Services

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The Australian Office of Financial Management engaged King and Wood Mallesons for legal advice on the Green Bond Program from 1 January to 31 March 2025, with discretionary extension to 30 June 2025. The engagement addresses regulatory risks to the program following ASIC's two-year class no-action position on Second Party Opinion (SPO) providers, which expires and does not cover retail offerings. The work comprises three items: analysing whether Sustainability's SPO meets the definition of financial advice under the Corporations Act 2001; assessing whether the government's allocation and impact reporting on Green Treasury Bonds constitutes financial advice; and a third unspecified item. Context includes the government's commitment to offering exchange-traded Green Treasury Bonds to retail investors in 2025, ANAO audit of allocation reporting, and ISS Corporate Solutions review of impact reporting, with first reporting due early 2025.

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