Document ID: chunk:federal_register_of_legislation:F2024C01135:reg:6:p4
Version: federal_register_of_legislation:F2024C01135
Segment Type: reg
Provision Reference: reg 6 (pt 4/13)
Character Range: 22776–25588

positions of AUD $100 billion or more in its Personal Capacity on each of two consecutive Calculation Dates, the entity meets the Clearing Threshold in its Personal Capacity from the date (Clearing Start Date) that is the first Monday after the immediately following Calculation Date.
(2) If the Financial Entity meets the Clearing Threshold in its Personal Capacity, but does not hold total gross notional outstanding positions of AUD $100 billion or more in its Personal Capacity on each of two consecutive Calculation Dates, the Financial Entity ceases to meet the Clearing Threshold in its Personal Capacity on the day (Clearing End Date) after the second of those Calculation Dates.

Financial Entity acting in a Representative Capacity
     (3) If a Financial Entity holds total gross notional outstanding positions of AUD $100 billion or more in a Representative Capacity on each of two consecutive Calculation Dates, the Financial Entity meets the Clearing Threshold in that Representative Capacity from the date (Clearing Start Date) that is the first Monday after the immediately following Calculation Date.
(4) If a Financial Entity meets the Clearing Threshold in a Representative Capacity, but does not hold total gross notional outstanding positions of AUD $100 billion or more in that Representative Capacity on each of two consecutive Calculation Dates, the Financial Entity ceases to meet the Clearing Threshold in that Representative Capacity on the day (Clearing End Date) after the second of those Calculation Dates.
(5) Nothing in this Rule prevents a Financial Entity that has ceased to meet the Clearing Threshold in its Personal Capacity under subrule (2) or in a Representative Capacity under subrule (4) from meeting the Clearing Threshold in that capacity again under subrule (1) or (3).
(6) This Rule applies for the purposes of these Rules and paragraph 7.5A.60(2)(b) of the Regulations.
Note: For example, a Financial Entity that holds total gross notional outstanding positions of AUD $100 billion or more in a particular capacity as at both 30 September 2015 and 31 December 2015 meets the Clearing Threshold in that capacity from 4 April 2016. If the Financial Entity subsequently holds total gross notional outstanding positions of less than AUD $100 billion in that capacity on both 30 September 2016 and 31 December 2016, the Financial Entity will cease to meet the Clearing Threshold in that capacity on 1 January 2017.

1.2.8 Opt In to become a Clearing Entity
(1) An entity may lodge a written notice (an Opt-In Notice) with ASIC setting out the following:
(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