Document ID: chunk:federal_register_of_legislation:F2023L01292:body:0:p1
Version: federal_register_of_legislation:F2023L01292
Segment Type: other
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Character Range: 0–3152

ASIC Derivative Trade Repository Rules 2023

              I, Benjamin Cohn-Urbach, acting with the written consent of the Minister, make the following derivative trade repository rules under section 903A of the Corporations Act 2001.
              Dated this 22nd day of September 2023

              Signed by Benjamin Cohn-Urbach
              as delegate of the Australian Securities and Investments Commission
Contents

Chapter 1: Introduction
Part 1.1 Preliminary
Part 1.2 Interpretation
Chapter 2: Obligations of Officers and Operators
Part 2.1 Obligations of Officers
Part 2.2 Manner in which the Trade Repository provides its services
Part 2.3 Handling and use of Derivative Trade Data by Trade Repositories and their Officers and employees
Part 2.4 Governance, management and resources
Part 2.5 Disclosure of conditions (including fees) on which Trade Repositories provide their services
Part 2.6 Reporting to Australian Regulators on matters related to Trade Repositories
Part 2.7 Keeping of records, or the provision of records or other information, relating to compliance with (or determining whether there has been compliance with) the Rules
Chapter 1: Introduction

Part 1.1 Preliminary

1.1.1 Enabling legislation
ASIC makes this instrument under section 903A of the Corporations Act.

1.1.2 Title
This instrument is the ASIC Derivative Trade Repository Rules 2023.

1.1.3 Commencement
This instrument commences on the later of:
(a)        1 October 2023; and
(b)       the day after it is registered on the Federal Register of Legislation.

1.1.4 Penalties for a contravention of these Rules
The maximum pecuniary penalty payable for a contravention of a provision of these Rules is an amount determined by the Court under section 1317G of the Corporations Act.

Part 1.2 Interpretation

1.2.1 References to time
In these Rules, unless the contrary intention appears, a reference to time is to Australian Eastern Standard Time or Australian Eastern Daylight Time, as relevant, in Sydney, Australia.

1.2.2 Words and expressions defined in the Corporations Act
Words and expressions defined in the Corporations Act will, unless otherwise defined or specified in these Rules or the contrary intention appears, have the same meaning in these Rules.
Note: For convenience, some words and expressions defined in the Corporations Act are cross-referenced in Rule 1.2.3.

1.2.3 Definitions
In these Rules, unless the contrary intention appears:
Ancillary Services means services ancillary to the Trade Reporting Services (e.g. collateral management, portfolio reconciliation or portfolio compression services).
APRA means the Australian Prudential Regulation Authority.
ASIC means the Australian Securities and Investments Commission.
Australian Regulator means each of ASIC, APRA and RBA.
Chapter 5 Body Corporate has the meaning given by section 9 of the Corporations Act.
Corporations Act means the Corporations Act 2001.
Derivative has the meaning given by section 761D of the Corporations Act.
Derivative Position Information means information about positions relating to Derivative Transactions reported in accordance with the Reporting