Document ID: chunk:federal_register_of_legislation:F2022L00761:body:0:p1
Version: federal_register_of_legislation:F2022L00761
Segment Type: other
Provision Reference: 
Character Range: 0–3142

ASIC Market Integrity Rules (Capital, Securities Markets) Barclays Capital Asia Limited Waiver 2022/516
I, Natalie Boulizos, delegate of the Australian Securities and Investments Commission, make the following legislative instrument.

Date 10 June 2022

Natalie Boulizos

Contents

Part 1—Preliminary
1 Name of legislative instrument
2 Commencement
3 Authority
4 Definitions
Part 2—Waivers
5 Waivers
6 Where waivers apply
7 Conditions
8 Expiry

Part 1—Preliminary

1 Name of legislative instrument
  This instrument is the ASIC Market Integrity Rules (Capital, Securities Markets) Barclays Capital Asia Limited Waiver 2022/516.

2 Commencement
This instrument commences on the later of:
           (1)          the day this instrument is registered on the Federal Register of Legislation; and
           (2)          17 June 2022.
         Note: The Federal Register of Legislation may be accessed at www.legislation.gov.au.

3 Authority
This instrument is made under:
           (1)          subrule 1.2.1(1) and rule 1.2.3 of the ASIC Market Integrity Rules (Capital) 2021; and
           (2)          subrule 1.2.1(1) and rule 1.2.3 of the ASIC Market Integrity Rules (Securities Markets) 2017.
           Note: The ASIC Market Integrity Rules (Capital) 2021 and the ASIC Market Integrity Rules (Securities Markets) 2017 may be accessed on the Federal Register of Legislation at  www.legislation.gov.au.

4 Definitions
       (1)          In this instrument:

   Alternative FX Position Risk Calculation means a calculation (including a calculation that is a component of another calculation) of a foreign exchange position risk amount for a position in a Financial Instrument, other asset or liability (except a position which is an Excluded Asset or a foreign exchange contract hedging Excluded Assets) which is denominated in a currency other than Hong Kong dollars.

   BCAL means Barclays Capital Asia Limited (ARBN 625 731 295).

   Business Day means a day that is not a Saturday, Sunday or a public holiday or bank holiday in Hong Kong, China.

   Capital Rules means the ASIC Market Integrity Rules (Capital) 2021.

   Financial Resources Return has the meaning given by paragraph 7(4)(d).

   FX Position Risk Calculation means a calculation of a foreign exchange position risk amount for a position in a Financial Instrument, other asset or liability (except a position which is an Excluded Asset or a foreign exchange contract hedging Excluded Assets) which is denominated in a currency other than Australian dollars.

   Limit has the meaning given by paragraph 7(1)(a).

   SFC means the Securities and Futures Commission of Hong Kong.
       (2)          In this instrument, a reference to time is to the time in Sydney, Australia.
       (3)          Where a provision of this instrument requires BCAL to make or apply an FX Position Risk Calculation (including as a component of another calculation), BCAL may make or apply an Alternative FX Position Risk Calculation in respect of that Financial Instrument, other asset or liability in place of the FX Position Risk Calculation.
       (4)          Where a