Document ID: chunk:federal_register_of_legislation:F2024C01137:reg:2:p2
Version: federal_register_of_legislation:F2024C01137
Segment Type: reg
Provision Reference: reg 2 (pt 2/6)
Character Range: 23806–26809

amounts reported do not change but the date or date and time at which the reported valuation or collateral amounts were determined has changed is not a duplicated report.
           Note 3: A report of a change to the way a Reporting Entity records an OTC Derivative in the Reporting Entity's books and records (see 1.2.5(1)(b)(iv)) is not a duplicated report.
     (1B) Where the Derivative Trade Repository to which the Reporting Entity reports Derivative Transaction Information creates an item of Derivative Transaction Information set out in Part S1.3 of Schedule 1 that it derives from other information reported by the Reporting Entity and that item of Derivative Transaction Information is in accordance with the requirements of Part S1.3 of Schedule 1, the Reporting Entity is taken to have complied with its obligation to report that item of Derivative Transaction Information.
           Note: For example, Item 103 in Table S1.1(1) - Reporting timestamp is an item that may be created by a Derivative Trade Repository derived from the submission by a Reporting Entity of a report about a Reportable Transaction.

Exception where no Licensed Repository or Prescribed Repository
(2) A Reporting Entity is not required to comply with the requirements of subrule (1) and this Part that would otherwise apply to the Reporting Entity in relation to a Reportable Transaction if, at the time the Reporting Entity is required to comply with the requirements:
         1.         there is no Licensed Repository authorised to provide services in respect of the class of Derivatives that includes the Derivatives to which the Reportable Transaction relates; and
         2.        there is no Prescribed Repository that is prescribed in relation to the class of Derivatives that includes the Derivatives to which the Reportable Transaction relates.

Exception for foreign entities
(3) A Reporting Entity other than an Australian Entity or an RE or Trustee acting in its capacity as RE or Trustee of an Australian Entity, is not required to comply with the requirements of subrule (1) and this Part that would otherwise apply to the Reporting Entity in relation to a Reportable Transaction if, at the time the Reporting Entity is required to comply with the requirements:
         1.         the Reporting Entity is subject to reporting requirements (Alternative Reporting Requirements) in one or more foreign jurisdictions (in this Rule, each, a Foreign Jurisdiction) that are substantially equivalent to the Reporting Requirements under these Rules; and
         2.        either:
           (i)         the Reporting Entity or another entity has:
(A)       reported information about the Reportable Transaction to a Prescribed Repository, in compliance with the Alternative Reporting Requirements in at least one Foreign Jurisdiction; and
(B)       designated the information reported under paragraph (a) as information that has been reported under these Rules; or
           (ii)       the Reporting