Document ID: chunk:federal_register_of_legislation:F2023L01292:body:0:p9
Version: federal_register_of_legislation:F2023L01292
Segment Type: other
Provision Reference: 
Character Range: 22010–24959

information has been made publicly available in accordance with the provisions referred to in paragraphs (a)–(c) or as otherwise required or permitted by law.
(13) An Operator must not disclose that:
(a)        a request for particular Derivative Trade Data was made under subsection 904B(2) of the Corporations Act, or that particular Derivative Trade Data was provided in compliance with such a request;
(b)       access to particular Derivative Trade Data was provided in accordance with subrule (7),
other than for the purposes of seeking legal advice or as required by law.

2.3.5 Obligation to create and disclose weekly statistical data
(1) An Operator must create and disclose in accordance with this Rule statistical data on Derivative Trade Data (in this Rule, Relevant Derivative Trade Data) that is retained in the Trade Repository and that was reported to the Trade Repository by Participants in accordance with the Reporting Rules.
(2) For the purposes of subrule (1), an Operator must, for each 7-calendar day period (in this Rule, Relevant Period) commencing from the day the Operator first accepts a report of Relevant Derivative Trade Data, create the following statistical data from the Relevant Derivative Trade Data:
(a)        all aggregate open positions as at the end of the last day in the Relevant Period for which the statistical data is created; and
(b)       volumes by number and by value of Derivative Transactions reported during the Relevant Period.
(3) The statistical data created in accordance with subrule (2) must include breakdowns by the following categories (if applicable):
(a)        the asset class, currency of the notional amount, type and maturity of the Derivatives to which the statistical data relates; and
(b)       whether the Derivatives to which the statistical data relates are cleared or uncleared.
(4) Subject to subrule (6), an Operator must disclose the statistical data required under subrules (1)–(3) in relation to a Relevant Period, from a day that is between 3–5 business days after the day on which the Relevant Period ends.
(5) An Operator must disclose the statistical data required under subrules (1)–(3) by making the statistical data available at no charge and through a publicly accessible website.
(6) The statistical data published under this Rule must not include Derivative Trade Data capable of identifying a counterparty to a Derivative Transaction.

2.3.6 Permission to create and disclose financial year-to-date statistical data
(1) Subject to subrule (2), an Operator may publish the statistical data created and disclosed in accordance with paragraph 2.3.5(2)(b) aggregated in financial-year-to-date form, by making the aggregated financial year-to-date statistical data available at no charge and through a publicly accessible website.

(2) The statistical data published under this Rule must not include Derivative Trade Data capable of identifying a counterparty to