Document ID: chunk:federal_register_of_legislation:F2024C01135:front:0:p3
Version: federal_register_of_legislation:F2024C01135
Segment Type: other
Provision Reference: 
Character Range: 6021–8904

a class of Derivatives in relation to which Clearing Requirements may be imposed (and that determination has not been revoked).
Note: See section 7 of the Corporations (Derivatives) Determination 2023.
Exempt Foreign Licensee means an entity:
(a)        that is incorporated or formed outside Australia; and
(b)       that, in this jurisdiction, provides financial services relating to Derivatives to wholesale clients (as defined in section 761G of the Act) and not to any other kind of clients; and
(c)        is exempt under the Act (including under the Regulations, or another instrument made under or for the purposes of the Act) from the requirement to hold a financial services licence for those financial services; and
(d)       whose activities relating to Derivatives are regulated by an overseas regulatory authority.
Financial Entity means each of the following:
(a)        a financial services licensee;
(b)       an Australian ADI;
(c)        an Exempt Foreign Licensee.
Fixed-to-Floating Swap means a Swap, other than a Forward Rate Agreement or an Overnight Index Swap, under which:
(a)        the payments for one leg are determined by reference to, or derived from, a fixed rate and a notional principal amount; and
(b)       the payments for the other leg are determined by reference to, or derived from, a floating rate and the same notional principal amount.
Foreign Clearing Entity, in relation to a Derivative Transaction, has the meaning given by subrules 1.2.4(4) and (5).
Foreign Internationally Active Dealer has the meaning given by regulation 7.5A.65 of the Regulations.
Forward Rate Agreement means a Swap, other than an Overnight Index Swap, under which:
(a)        there is a single payment for one leg that is determined by reference to, or derived from, a fixed rate and a notional principal amount; and
(b)       there is a single payment for the other leg that is determined by reference to, or derived from, a floating rate as at a pre-determined date and the same notional principal amount; and
(c)        the payments for each leg are exchanged on a pre-determined date, including, for the avoidance of doubt, by the payments for each leg being netted against one another so that there is a single payment between the parties.
IRD Class Specifications: see the definition of meets the IRD Class Specifications.
LEI means Legal Entity Identifier.
Licensed CS Facility has the meaning given by section 9 of the Act.
meets the Clearing Threshold has the meaning given by Rule 1.2.7.
meets the IRD Class Specifications has the meaning given by subrules 1.2.3(2) to (4).
Multilateral Portfolio Compression Cycle has the meaning given by subrule 2.1.5(2).
Opt-In Australian Clearing Entity has the meaning given by paragraphs 1.2.8(4)(a) and 1.2.8(5)(a).
Opt-In Clearing Entity means an Opt-In Australian Clearing Entity or an Opt-In Foreign Clearing