Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:3:p21
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 3 (pt 21/43)
Character Range: 754484–757301

Act and applies to information given to ASIC, by the operator (or an officer of the operator) of a licensed derivative trade repository, under a provision of:
 (a) Part 7.5A of the Act; or
 (b) the regulations made for that Part; or
 (c) the derivative transaction rules or derivative trade repository rules.
 (2) The information is taken, for the purpose of section 127 (confidentiality) of the ASIC Act, to be given to ASIC in confidence in connection with the performance of ASIC's functions under the Act, unless:
 (a) the information has been made publicly available in accordance with the provisions mentioned in paragraph (1)(a), (b) or (c); or
 (b) a law requires or permits the information to be released.

7.5A.150A  European Union requests for derivative trade data
 (1) For paragraph 904B(2)(d) of the Act, the persons or bodies mentioned in Article 81(3)(a) to (e), (g), (h) and (j) of Regulation (EU) No 648/2012 of the European Parliament and the Council of the European Union, dated 4 July 2012, may request a derivative trade repository licensee to provide the person or body with derivative trade data that is retained in the derivative trade repository.
 (2) For subsection 904B(4) of the Act, information must not be included in derivative trade data provided in response to a request under subregulation (1) unless:
 (a) the information relates to a transaction or position that is required to be reported under either of the following:
 (i) rules made under paragraph 901A(2)(b) of the Corporations Act 2001;
 (ii) the conditions of an exemption given under section 907D of the Corporations Act 2001; and
 (b) subregulation (3) or (4) applies.
 (3) This subregulation applies if the information relates to a transaction or position that would, but for mutual regulatory recognition arrangements, be required to be reported under one or more of the following:
 (a) Regulation (EU) No 648/2012 of the European Parliament and the Council of the European Union dated 4 July 2012;
 (b) Commission Implementing Regulation (EU) No 1247/2012 of the European Parliament and the Council of the European Union, dated 19 December 2012;
 (c) Commission Delegated Regulation (EU) No 148/2013 of the European Commission, dated 19 December 2012.
 (4) This subregulation applies if the information:
 (a) relates to a European Union or European Economic Area underlying asset, index, rate or currency; and
 (b) is not covered by subregulation (3).

7.5A.150B  Other requests for derivative trade data
 (1) For paragraph 904B(2)(d) of the Act, each of the following persons or bodies may request a derivative trade repository licensee to provide it with derivative trade data that is retained in the derivative trade repository:
 (a) the Bank of England;
 (b) the Financial Conduct Authority of the United Kingdom;