Document ID: chunk:federal_register_of_legislation:F2024C01135:reg:6:p9
Version: federal_register_of_legislation:F2024C01135
Segment Type: reg
Provision Reference: reg 6 (pt 9/13)
Character Range: 35852–38632

a Clearing Transaction if the Clearing Entity or its counterparty to the Clearing Transaction is subject to a requirement in a foreign jurisdiction (relevant foreign jurisdiction) which requires the Clearing Transaction to be Cleared Through a Clearing Facility by no later than three Business Days after the date on which the Clearing Transaction was entered into.
(2) A Clearing Entity that relies on the exemption in subrule (1) must ensure that the Clearing Transaction is cleared in accordance with the requirements of the relevant foreign jurisdiction by no later than three Business Days after the date on which the Clearing Transaction was entered into.
(3) For the purposes of this Rule, Business Day means a day that is a business day as that term is commonly understood in the relevant foreign jurisdiction.

Chapter 3: Notifications and record keeping

Part 3.1 Notifications

3.1.1 Notification of Clearing Start Dates and Clearing End Dates
(1) A Financial Entity that is incorporated or formed in Australia or outside Australia must notify ASIC of each Clearing Start Date and each Clearing End Date that applies to the entity under Rule 1.2.7.
(2) A notification under subrule (1) must be in writing and must include the following information:
(a)        the name of the entity;
(b)       the entity's LEI or interim entity identifier or, if no LEI or interim entity identifier is available for the entity, a Designated Business Identifier, or if no Designated Business Identifier is available for the entity, a Business Identifier Code (BIC code);
(c)        whether the entity is giving the notification in its Personal Capacity or in a Representative Capacity;
(d)       if the entity is giving the notification in relation to a Representative Capacity—the name of each scheme or trust to which the Representative Capacity relates;
(e)        if the notification is of a Clearing Start Date—the Clearing Start Date and whether the entity will become an Australian Clearing Entity or a Foreign Clearing Entity on the Clearing Start Date;
(f)        if the notification is of a Clearing End Date—the Clearing End Date and whether the entity will cease to be an Australian Clearing Entity or a Foreign Clearing Entity on the Clearing End Date.
(3) A notification under subrule (1) must be given to ASIC no later than:
(a)        if the notification is of a Clearing Start Date—30 days before the Clearing Start Date; and
(b)       if the notification is of a Clearing End Date—30 days after the Clearing End Date.
(4) ASIC may publish on its website any notification given to ASIC under this Rule.

3.1.2 Notification of Clearing Entity status to counterparty
(1) This Rule applies to an entity that:
(a)        is a Clearing Entity; or
(b)       has given, or is