Document ID: chunk:federal_register_of_legislation:F2023L01292:body:0:p4
Version: federal_register_of_legislation:F2023L01292
Segment Type: other
Provision Reference: 
Character Range: 8619–11664

Users.
(4) The rules, procedures, and contractual arrangements referred to in subrules (1)–(3) must be consistent with these Rules, the Reporting Rules, the Corporations legislation and any other applicable law of a State or Territory or law of the Commonwealth.
(5) If the Trade Repository provides services in more than one jurisdiction, the Operator must take all reasonable steps to identify and mitigate any risks arising from any potential conflict of laws across those jurisdictions.

2.2.2 Access and participation requirements
(1) An Operator must have and apply objective conditions for access to and participation in the Trade Repository's services that permit open and non-discriminatory access to and participation in the Trade Repository by Users and, if applicable, Indirect Participants.
(2) The access and participation conditions referred to in subrule (1) must include conditions reasonably designed to ensure Users and, if applicable, Indirect Participants do not pose undue risks to the secure, efficient and effective operation of the Trade Repository.
(3) The access and participation conditions referred to in subrule (1), other than the conditions in subrule (2), must not unreasonably prohibit or limit access to or participation in the Trade Repository, and the Operator must not impose unreasonable conditions on participation or access.
(4) An Operator must monitor compliance with its access and participation conditions on an ongoing basis and have clearly defined procedures for facilitating the disciplining, suspension or orderly exit of a User that breaches or no longer meets the access or participation conditions.

2.2.3 Security, efficiency and effectiveness of services
(1) An Operator must ensure that the Trade Repository's services are provided at all times in a secure, efficient and effective manner.
(2) An Operator must establish, implement, maintain and enforce mechanisms for regularly reviewing whether the Trade Repository is efficient and effective in meeting the requirements of Users, Australian Regulators, and the markets it serves.
Note: For example, the Operator should regularly review its minimum service levels, operational reliability, cost-effectiveness and pricing.

Part 2.3 Handling and use of Derivative Trade Data by Trade Repositories and their Officers and employees

2.3.1 Acceptance of Derivative Trade Data
(1) An Operator must accept from Participants Derivative Trade Data for all classes of Derivatives specified in the conditions of the Operator's Licence.
Note: Under paragraph 905F(4)(b) of the Corporations Act, a Licence must be subject to conditions that specify the class or classes of Derivatives in respect of which the Trade Repository can provide services for the purposes of Part 7.5A of the Corporations Act.
(2) An Operator must establish, implement, maintain and enforce policies, procedures, systems and controls for the reporting of Derivative Trade Data to the Trade Repository.
(3) Without limiting subrule (2), an Operator must establish, implement,