Document ID: chunk:federal_register_of_legislation:F2024C01137:front:0:p7
Version: federal_register_of_legislation:F2024C01137
Segment Type: other
Provision Reference: 
Character Range: 16617–19484

Entities and Reportable Transactions
(1) Subject to subrules (2), (3) and (4) for the purposes of these Rules:
         1.         each entity referred to in column 2 of Table 1 is a Reporting Entity; and
         2.        each of the following Derivative Transactions is a Reportable Transaction in relation to the Reporting Entity:
           (i)         the entry into of an arrangement that is an OTC Derivative of the kind referred to in column 3;
           (ii)       the modification or termination of an arrangement that is an OTC Derivative entered into as referred to in subparagraph (i);
           (iii)     the assignment, by a party to an arrangement that is an OTC Derivative entered into as referred to in subparagraph (i), of some or all of the party's rights and obligations under the arrangement, where the Reporting Entity has actual knowledge of the assignment; and
           (iv)      a change to the way a Reporting Entity records an OTC Derivative in the Reporting Entity's books and records, from representation as a transaction, to representation as a position, being changes that are terminations in the Reporting Entity's records, and new positions recorded there.
           Note: A change to the way a Reporting Entity records an OTC Derivative in its books and records, from being represented as a transaction, to being represented as a position includes reporting the termination of the original transaction and the reporting of a new position. Both the termination and the new position are Reportable Transactions. In addition, the reporting of the new position requires the determination and reporting of a new UTI (see Rule 2.2.9).
(2) A Reportable Transaction includes a Derivative Transaction referred to in paragraph (1)(b):
        (a)        by an RE or Trustee in its capacity as RE or Trustee of an Australian Entity, and in those circumstances the Reporting Entity is the RE or Trustee; and
        (b)       by a CCIV or a person acting for or on behalf of a CCIV, and in those circumstances, the Reporting Entity is the corporate director of the CCIV.
           Note: The meaning of Reporting Entity for an RE and a Trustee is affected by Rule 2.2.9(2), in relation to generating and reporting a UTI, and by Part S1.1, in relation to reporting Derivative Transaction Information.
(3) An entity is not a Reporting Entity for a Reportable Transaction in a Prescribed Class if the entity is an AFS Licensee whose AFS Licence does not authorise them to provide financial services in relation to that Prescribed Class.
           Note: Under regulation 7.5A.50 of the Corporations Regulations 2001, Reporting Requirements cannot be imposed on some classes of persons.
(4) An entity is not a Reporting Entity for a Reportable Transaction, where:
         1.         the entity, acting in the capacity of a clearing member of