Document ID: chunk:federal_register_of_legislation:F2024L01113:body:0:p1
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ASIC Derivative Transaction Rules (Nexus Derivatives) Instrument 2024/603
I, Benjamin Cohn-Urbach, delegate of the Australian Securities and Investments Commission, make the following legislative instrument.

Date 4 September 2024

Benjamin Cohn-Urbach

Contents

Part 1—Preliminary 3
1 Name of legislative instrument....................................3
2 Commencement...............................................3
3 Authority....................................................3
4 Definitons....................................................3
Part 2—Exemption 4

Part 1—Preliminary

1 Name of legislative instrument
This is the ASIC Derivative Transaction Rules (Nexus Derivatives) Instrument 2024/603.

2 Commencement

       This instrument commences on the later of:
            1.           21 October 2024; and
            2.           The day after it is registered on the Federal Register of Legislation.

           Note: The register may be accessed at www.legislation.gov.au.

3 Authority

       This instrument is made under paragraph 907D(2)(a) of the Corporations Act 2001 (Act).

4 Definitons
(1) In this instrument, unless the contrary intention appears, capitalised terms have the same meaning as in the Rules.
(2) In this instrument:
          Relevant Reporting Entity means a Foreign ADI that has a branch located in this jurisdiction or a foreign company that is required to be registered under Division 2 of Part 5B.2 of the Act.
          Rules means the ASIC Derivative Transaction Rules (Reporting) 2024.

Part 2—Exemption
    5 Exemption 1
    A Relevant Reporting Entity does not have to comply with subrule 2.2.1(1) of the Rules to the extent that subrule requires the Relevant Reporting Entity to report a Reportable Transaction in an OTC Derivative that:
            1.           was entered into by the Relevant Reporting Entity in this jurisdiction; and
            2.           was not booked to the profit or loss account of a branch of the Relevant Reporting Entity located in this jurisdiction.
    6 Opt-In to and Withdrawal from Exemption 1
 1.           A Relevant Reporting Entity may give to ASIC a written notice (an Opt-In Notice) setting out all of the following:
         1.           the name of the Relevant Reporting Entity;
         2.           the Prescribed Class or Prescribed Classes (each, an Opt-In Class) for which the Relevant Reporting Entity is giving the written notice; and
         3.           the date (Effective Date) from which the Relevant Reporting Entity will rely on the exemption in section 5 in relation to each Opt-In Class named in the notice, being a date no earlier than the date the Opt-In Notice is given to ASIC.
Note: The Prescribed Classes as at the date of this instrument are commodity derivatives that are not electricity derivatives, credit derivatives, equity derivatives, foreign exchange derivatives and interest rate derivatives.
 1.           A Relevant Reporting Entity that has given an Opt-In Notice under subsection (6)(1) may withdraw the Opt-In Notice in relation to one or more Opt-In Classes, by giving to ASIC a written notice (the Withdrawal Notice) setting out all of the following:
         1.           the name of the Relevant Reporting Entity;
         2.           the name of each Opt-In