Document ID: chunk:federal_register_of_legislation:F2024C01108:reg:8:p5
Version: federal_register_of_legislation:F2024C01108
Segment Type: reg
Provision Reference: reg 8 (pt 5/6)
Character Range: 297545–300220

steps to ensure that a person referred to in subparagraph (a)(i) does not disclose the Regulatory Data to any person other than a person referred to in paragraph (a), or in accordance with paragraphs (b) or (c).

7.4.3 Market operator to record Regulatory Data
(1) A Market operator must keep a record of Regulatory Data provided to it by a Participant in a record of:
(a)        a new Order that is received, or an existing Order that is amended, matched or cancelled, on an Order Book of the Market operator's Market;
(b)       a transaction on an Order Book of the Market operator's Market; and
(c)        a Trade Report accepted by the Market operator.
(1A) A Market operator must keep records of Regulatory Data referred to in subrule (1) for a period of seven years.
(2) A Market operator must not use or disclose Regulatory Data referred to in subrule (1) other than by:
(a)        providing the Regulatory Data to ASIC;
(b)       disclosing the Regulatory Data to a person acting as agent for the Market operator;

(c)        making available to a Participant, or a person acting as agent on behalf of the Participant, the Regulatory Data provided by that Participant; or

(d)       using or disclosing the Regulatory Data for a purpose that is otherwise required or permitted by law,

and must take reasonable steps to ensure that a person referred to in paragraph (b) does not use or disclose the Regulatory Data other than in accordance with paragraphs (a), (c) or (d).

Note: A Market operator is required to provide Regulatory Data to ASIC under Rule 7.1.1.

7.4.4 Regulatory Data

(1) In these Rules, Regulatory Data means:

(a)        in relation to a Trade Report, the information set out in items 1 to 5 of the following table; and

(b)       in relation to an order transmitted to an Order Book and any transaction resulting from that order, the information set out in items 2 to 5 of the following table.

(2) The information in items 3, 4 and 5 of the following table does not need to be provided by a Participant if the Participant has taken all reasonable steps to determine the information and is unable to do so.

(3) ASIC may determine in writing format or content requirements for a code, notation or number referred to in the following table.

(4) Participants and Market operators must provide or record Regulatory Data in orders, transactions and Trade Reports in accordance with requirements notified by ASIC under subrule (3) within the timeframe specified in the notification, if the timeframe specified in the notification is reasonable.

(5) Where a Participant provides a notation, code or number to identify information set out in items