Document ID: chunk:federal_register_of_legislation:F2023L01292:body:0:p14
Version: federal_register_of_legislation:F2023L01292
Segment Type: other
Provision Reference: 
Character Range: 36116–39137

the Service Provider relating to the outsourced Trade Reporting Services; and
(d)       ensure that Australian Regulators have the same access to all Derivative Trade Data, books, records and other information relating to the outsourced Trade Reporting Services and maintained by the Service Provider, that the Australian Regulator would have if not for the outsourcing arrangements.

Part 2.5 Disclosure of conditions (including fees) on which Trade Repositories provide their services

2.5.1 Disclosure of rules, procedures and other information
(1) An Operator must disclose to Participants in writing:
(a)        the Operator's rules and procedures for accepting, retaining, using, disclosing and providing access to Derivative Trade Data;
Note: See also subrule 2.2.1(2).
(b)       the Operator's commitments in relation to minimum service levels and operational reliability;
(c)        subject to subrule (2), a description of the design and operation of the Trade Repository's systems for accepting, retaining and providing access to Derivative Trade Data; and
(d)       subject to subrule (2) and to the extent not disclosed under paragraphs (a), (b) or (c) or Rule 2.5.2, any other information reasonably required by Participants to assess the risks and costs of participating in the Trade Repository.
(2) The Operator is not required to comply with paragraph (1)(c) or (d) to the extent that such disclosure would comprise the integrity or security of the Trade Repository or require the disclosure of commercially sensitive information.
(3) If the Operator proposes to make a change to the access and participation conditions referred to in Rule 2.2.2, or the fees, rates and charges for the Trade Reporting Services as referred to in paragraph 2.5.2(1)(g), the Operator must notify ASIC and Participants in writing about the change within a reasonable time before the change is implemented.

2.5.2 Public disclosures
(1) An Operator must disclose, on a publicly accessible section of its website and at no charge, a description of:
(a)        the Trade Reporting Services and any Ancillary Services;
(b)       the class or classes of Derivatives for which the Trade Repository can provide services for the purposes of Part 7.5A of the Corporations Act, as specified in the conditions of the Operator's Licence;
Note: See paragraph 905F(4)(b) of the Corporations Act.
(c)        key elements of the Operator's rules, procedures and contractual arrangements referred to in Rule 2.2.1, including the dispute resolution procedures referred to in paragraph 2.2.1(3)(b);
(d)       the Operator's access and participation conditions referred to in Rule 2.2.2;
(e)        the organisational, legal and ownership structure of the Operator and the arrangements for the governance and management of the Trade Repository referred to in Rule 2.4.1;
(f)        the Operator's policies and procedures in relation to the commercial use of Derivative Trade Data retained in the Trade Repository; and
Note: See also Rule 2.3.3.