Document ID: chunk:federal_register_of_legislation:C2025C00185:section:901a:p2
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 901A (pt 2/3)
Character Range: 3517330–3520253

matters that the provisions of this Act provide may be dealt with in the derivative transaction rules.
Note: Paragraph (e): subject to section 901D, the persons who are required to comply with requirements imposed by the rules may (for example) be:
(a) persons who are parties to derivative transactions, or who are intermediaries or agents who facilitate or are otherwise involved in derivative transactions; or
(b) operators of financial markets on which derivative transactions are entered into; or
(c) operators of clearing and settlement facilities through which derivative transactions are cleared; or
(d) operators of licensed or prescribed derivative trade repositories.

Meaning of execution requirements
 (5) Execution requirements are requirements for derivative transactions not to be entered into otherwise than on:
 (a) a licensed market, the licence for which authorises a class of financial products that includes the derivatives to which the transactions relate to be dealt with on the market; or
 (b) a facility that is (or that is in a class of facilities that is) prescribed by the regulations for the purpose of this paragraph in relation to a class of derivatives that includes the derivatives to which the transactions relate.

Meaning of reporting requirements
 (6) Reporting requirements are requirements for information about derivative transactions, or about positions relating to derivative transactions, to be reported to:
 (a) a licensed derivative trade repository, the licence for which authorises the repository to provide services in respect of a class of derivatives that includes the derivatives to which the transactions relate; or
 (b) a facility that is (or that is in a class of facilities that is) prescribed by the regulations for the purpose of this paragraph in relation to a class of derivatives that includes the derivatives to which the transactions relate.

Meaning of clearing requirements
 (7) Clearing requirements are requirements for derivative transactions to be cleared through:
 (a) a licensed CS facility, the licence for which authorises the facility to provide services in respect of a class of financial products that includes the derivatives to which the transactions relate; or
 (b) a facility that is (or that is in a class of facilities that is) prescribed by the regulations for the purpose of this paragraph in relation to a class of derivatives that includes the derivatives to which the transactions relate.

Rules cannot generally impose requirements retrospectively
 (8) The derivative transaction rules:
 (a) cannot impose an execution requirement on a person in relation to a derivative transaction entered into before the requirement started to apply to the person; and
 (b) cannot impose a reporting requirement on a person in relation to a derivative transaction entered into before the requirement started to apply to the person, or in relation to