Document ID: chunk:federal_register_of_legislation:F2024C01137:reg:8a:p1
Version: federal_register_of_legislation:F2024C01137
Segment Type: reg
Provision Reference: reg 8A (pt 1/6)
Character Range: 45745–49542

8A       If Item 8 requires the UTI generating entity to be determined in accordance with this item:
           (a) if the Reporting Entity and the other counterparty agree how to determine the UTI generating entity;                                                                                                                                                                                                                        (a)  The UTI generating entity determined as agreed by Reporting Entity and the other counterparty;
           (b) if paragraph (a) does not apply and the Reportable Transaction has been, or will be, electronically affirmed or confirmed on an affirmation or confirmation platform and the operator of the affirmation or confirmation platform will generate a UTI;                                                                      (b)  The operator of the affirmation or confirmation platform;
           (c) if paragraphs (a) and (b) do not apply and:                                                                                                                                                                                                                                                                                 (c)   The operator of the Derivative Trade Repository;

             (i) the Reportable Transaction will be reported by both counterparties to a single Derivative Trade Repository which records both reports into the repository records of a single jurisdiction; and

             (ii) the Reporting Entity and the other counterparty have satisfied any reasonable requirements of the operator of the Derivative Trade Repository for the generation of a UTI by the operator;
           (d) otherwise.                                                                                                                                                                                                                                                                                                                  (d)  The counterparty whose reversed LEI would appear first if the reversed LEIs of the counterparties were sorted in alphanumeric order, or the only counterparty with an LEI.

(4) For the purposes of Item 6, 7 and 8 in Table 2, the reporting deadline in this jurisdiction for a Reportable Transaction is the end of the second business day in Sydney after the day on which the Reportable Transaction occurs.
(5) If the Reporting Entity is the UTI generating entity for the Reportable Transaction, the Reporting Entity must:
         1.         generate the UTI; and
         2.        provide the UTI to the other counterparty to the OTC Derivative to which the Reportable Transaction relates as soon as practicable.
(6) Where the Reporting Entity is not the UTI generating entity for the Reportable Transaction and does not receive a UTI from the UTI generating entity determined under subrule (3) in sufficient time to enable the Reporting Entity to report the UTI for the Reportable Transaction in accordance with Rule 2.2.3:
         1.         if the Reporting Entity reasonably believes that it will, at a later time, receive the UTI from the UTI generating entity determined under subrule (3), the Reporting Entity must generate a UTI and report that UTI for the Reportable Transaction in accordance with this Part;
         1.        if the Reporting Entity reasonably believes that it will not receive the UTI from the UTI generating entity determined under subrule (3), the Reporting Entity must use its best endeavours to determine the UTI generating entity (new UTI generating entity) according to the next applicable item in Table 2 in subrule (3); and
         2.         if the new UTI generating entity:
                1.