Document ID: chunk:federal_register_of_legislation:F2023C00208:reg:17:p6
Version: federal_register_of_legislation:F2023C00208
Segment Type: reg
Provision Reference: reg 17 (pt 6/14)
Character Range: 14422–17172

the shorted products; or
                (d) for a shorted product that is an interest in STW or an approved ETF—have acquired or applied for interests in STW or the approved ETF.
(5D) A market maker that fails to comply with subsection (5C) must notify ASIC in writing of the failure by no later than 9 am in Sydney, New South Wales on the next business day after the sale day.
           (5E) The market maker must give to ASIC in the form required by ASIC particulars of the person's short position in relation to the shorted product as at:
              (a) where the nominated time is, or corresponds to a time that is, on or before 11:59 pm in Sydney, New South Wales—the nominated time 3 reporting days before the day the particulars must be given under subsection (5F); and
              (b) otherwise—the nominated time 2 reporting days before the day the particulars must be given under subsection (5F); and

           (5F) The market maker must give the particulars about the short position:
              (a) where the nominated time is, or corresponds to a time that is, on or before 11:59 pm in Sydney, New South Wales—on or before 9 am in Sydney, New South Wales on the third reporting day after entering into the agreement to sell that causes the short position to occur;
(b) otherwise—on or before 9am in Sydney, New South Wales on the second reporting day after entering into the agreement to sell that causes the short position to occur; and
              (c) in either case—on or before 9 am in Sydney, New South Wales on each subsequent reporting day as long as the market maker has a short position.
           (5G) Paragraph (5F)(c) applies whether or not the particulars about the short position have changed from that given on the previous day.
           (5H) The market maker does not have to comply with subsection (5G) in relation to that short position if the market maker:
              (a)  is required by subsection 1020AB(3) to give particulars of the market maker's short position on a day in relation to a security or product that is in the same class as the shorted product; or
              (b)  has a short position in relation to the shorted product on a day that does not exceed the value limit and the volume limit on the day.
(5J) In subsections (5A) to (5H):
            approved ETF means each of:
            (a) the Vanguard MSCI Index International Shares ETF; and
            (b) the iShares Core S&P 500 ETF; and
            (c) the Betashares NASDAQ 100 ETF.
            approved ETO means an exchange traded option that is exercisable:
                (a)   only on one specific date; and
                (b)   in respect of an interest in an underlying approved ETF.
            ETO (or exchange