Document ID: chunk:federal_register_of_legislation:F2023L01292:body:0:p10
Version: federal_register_of_legislation:F2023L01292
Segment Type: other
Provision Reference: 
Character Range: 24668–27942

financial-year-to-date form, by making the aggregated financial year-to-date statistical data available at no charge and through a publicly accessible website.

(2) The statistical data published under this Rule must not include Derivative Trade Data capable of identifying a counterparty to a Derivative Transaction.

2.3.7 Communication procedures and standards

An Operator must use or, at a minimum, accommodate, relevant internationally accepted communication procedures and standards to facilitate accurate, consistent, efficient and reliable acceptance, retention, use, disclosure and provision of access to Derivative Trade Data by the Trade Repository.

Part 2.4 Governance, management and resources

2.4.1 Governance

(1) An Operator must establish, implement, maintain and enforce documented arrangements for the governance and management of the Trade Repository that are clear and transparent, promote the secure, efficient and effective operation of the Trade Repository, and support the stability of the broader financial system, other relevant public interest considerations, and the objectives of Users.

(2) The governance arrangements referred to in subrule (1) must provide for:
(a)        clear and direct lines of accountability in the governance and management of the Trade Repository;
(b)       clearly defined roles and responsibilities for the Operator's Officers and members of its governing body and management in the governance and management of the Trade Repository, including roles and responsibilities in relation to the identification, measurement, monitoring and management of risks;
(c)        clearly defined decision-making processes, including processes for:
(i)         decision making in crises and emergencies; and
(ii)       ensuring significant decisions in relation to the design, rules or overall strategy of the Trade Repository are made taking into account the objectives of Users and, where appropriate, are disclosed to Users; and
(d)       internal control functions to be exercised by persons with adequate authority, independence, resources, and access to the governing body and senior management to perform the control function.
Note: For example, internal control functions include compliance, audit and review functions.

2.4.2 Handling of conflicts of interest

An Operator must establish, implement, maintain and enforce documented arrangements for identifying and effectively managing (including by avoiding, controlling or disclosing) any actual or potential conflicts between:
(a)        the interests of the Operator, its related bodies corporate or members of the Operator's governing body, and the interests of Users;
(b)       the interests of different Users; and
(c)        the interests of the Operator, its related bodies corporate or members of the Operator's governing body, and the need to ensure the Trade Repository's services are provided in a secure, efficient and effective manner.

2.4.3 Monitoring and enforcement of compliance with obligations
(1) An Operator must establish, implement, maintain and enforce policies, procedures, systems and controls for monitoring and enforcing compliance by its Officers and employees with these Rules, the Reporting Rules, the Corporations legislation and any