Document ID: chunk:federal_register_of_legislation:F2023L01292:body:0:p7
Version: federal_register_of_legislation:F2023L01292
Segment Type: other
Provision Reference: 
Character Range: 16555–19516

arrangements relating to the provision of access to Derivative Trade Data clearly define the categories of access available to Participants, if there is more than one category.
(4) An Operator is not required to provide access under this Rule to an entity that is suspended from being, or has ceased to be, a Participant in the Trade Repository.
Note: Under Rule 2.2.1, the Operator's rules, procedures and contractual arrangements must also clearly define the rights and obligations of Users with respect to the provision of access to Derivative Trade Data.
(5) ASIC may give a written direction to an Operator requiring the Operator deal, in a specified way, with Derivative Trade Data reported by or on behalf of a Reporting Entity, if:

        (a)        the Reporting Entity, or a person reporting on behalf of a Reporting Entity:

           (i)         is suspended from being, or has ceased to be, a Participant in the Trade Repository; or

           (ii)       becomes a Chapter 5 Body Corporate, or becomes subject to a similar regime in a foreign jurisdiction; and

        (b)       ASIC reasonably believes the direction will ensure the Derivative Trade Data the subject of the direction is accurate and current.
        (6)    An Operator must comply with a subrule (5) direction as soon as reasonably practicable.

Provision of access to Australian Regulators
(7) An Operator must provide to each Australian Regulator, if requested by that Australian Regulator and at no charge, continuous, direct and immediate electronic access to the following information retained in the Trade Repository:
(a)        all Derivative Trade Data reported by Participants in accordance with the Reporting Requirements; and
(b)       all information (including statistical data) that is created or derived from Derivative Trade Data referred to in paragraph (a).
Note 1: Direct access may be provided through an electronic system, platform or framework that provides secure internet or web-based access to Derivative Trade Data, or by way of a direct real-time feed of Derivative Trade Data.
Note 2: Under this Rule, an Operator may be required to provide access to aggregate-level data, position-level data and transaction-level data (including the identity of counterparties).

Requests to provide data to Australian Regulators and Prescribed Foreign Regulators
(8) For the purposes of subparagraph 904B(5)(b)(ii) of the Corporations Act, an Operator that receives a request from an Australian Regulator under subsection 904B(2) of the Corporations Act for Derivative Trade Data retained in the Trade Repository, including a request for information referred to in subrule (7), is excused from complying with the request unless the request is for Derivative Trade Data that is required by the Australian Regulator in connection with the performance of its functions or exercise of its powers.
(9) An Operator that receives a request from an Australian Regulator