Document ID: chunk:federal_register_of_legislation:F2024C01108:front:0:p57
Version: federal_register_of_legislation:F2024C01108
Segment Type: other
Provision Reference: 
Character Range: 151376–154319

writing, and be retained by a Market Participant for a period of seven years.

(5) The disclosure required by subrule (1) must include the level of detail of information about a Market Participant's handling and execution arrangements that a client would reasonably require to enable the client to make an informed decision about whether to instruct the Market Participant to handle and execute Orders on its behalf.

(6) A Market Participant is not required to disclose the matters referred to in subrule (1) and (2) to a wholesale client if the wholesale client and the Market Participant agree that disclosure is not required, and the terms of that agreement are:
(a)        clear and unambiguous;
(b)       in writing and retained by the Market Participant for a period of seven years; and
(c)        not part of a standard client agreement or any other standard form agreement provided by the Market Participant to all its wholesale clients or to a class of its wholesale clients.

Part 3.11 Evidencing execution performance

3.11.1AA Application of Part

This Part applies to:
(a)        Participants of a Market on or through which offers to acquire or dispose of Equity Market Products are made or accepted;
(b)       Participants of a CGS Market;
(c)        Orders (including Client Orders) in relation to Equity Market Products and CGS Depository Interests.

3.11.1 Demonstrating execution performance and Order transmission by Participants—On request by a client

(1) Subject to Rule 3.11.2, a Market Participant must, if it receives a reasonable request from a client to do so, demonstrate to the client that the Client's Orders have been executed in accordance with the Market Participant's policies and procedures required under Part 3.9.

(2) A Market Participant must comply with subrule (1) within a reasonable time after receiving the request.

3.11.2 Demonstrating execution performance and Order transmission by Participants—Evidencing adequacy of arrangements
A Market Participant must keep, for a period of seven years, records which enable the Market Participant to demonstrate compliance with the policies and procedures required under Part 3.9 and client instructions.

Chapter 4: Records

Part 4.1 Trading records

4.1.1 Records of dealings for clients
(1) This Rule applies to a Market Participant who receives instructions to enter into a Market transaction on behalf of a person (the Client), whether or not a Trading Message corresponding to those instructions is entered into or matched on a Trading Platform of a Market.
(2) Subject to Rule 4.1.7, in addition to complying with the requirements of the Corporations Act to the extent that those requirements apply to dealing in the relevant Market, the Market Participant must maintain sufficiently detailed records showing:
 1.         particulars of the instructions, including, without limitation:
        1.          the financial product to be bought or