Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:3:p22
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 3 (pt 22/43)
Character Range: 757043–759821

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;
 (c) the Monetary Authority of Singapore.
 (2) A request under subregulation (1) must be made in accordance with the standards set out in the report "Authorities' access to trade repository data":
 (a) issued jointly by the Committee on Payment and Settlement Systems (the CPSS) and the International Organization of Securities Commissions (the IOSCO); and
 (b) as supplemented, superseded or modified from time to time by principles, recommendations or standards issued by the CPSS or IOSCO (or a successor of the CPSS or IOSCO).
 (3) If part of a request under subregulation (1) is made in accordance with the standards mentioned in subregulation (2), the part is taken to be a request for the purpose of this regulation.
 (4) For subsection 904B(4) of the Act, information must not be included in derivative trade data provided to a person or body 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 (5) or (6) applies.
 (5) This subregulation applies if the information:
 (a) relates to a transaction or position that is, or would be, but for mutual regulatory recognition arrangements, required to be reported under the laws of the jurisdiction in which the person or body is located; and
 (b) is required by the person or body as part of the performance of its functions or exercise of its powers.
 (6) This subregulation applies if the information:
 (a) either:
 (i) relates to an underlying asset, index, rate or currency of the jurisdiction in which the person or body is located; or
 (ii) relates to a counterparty located in the jurisdiction in which the person or body is located; and
 (b) is required by the person or body as part of the performance of its functions or exercise of its powers; and
 (c) is not covered by subregulation (5).

7.5A.151  Obligations relating to derivative trade data
  For subparagraph 904B(5)(b)(i) of the Act, every derivative trade repository licensee is excused from complying with a request for derivative trade data under paragraph 904B(2)(e) of the Act.

7.5A.200  ASIC may assess licensee's compliance
 (1) This regulation is made for paragraph 904J(4)(d) of the Act.
 (2) The following persons or bodies are prescribed for that paragraph:
 (a) the Clean