Document ID: chunk:federal_register_of_legislation:F2023L01292:body:0:p3
Version: federal_register_of_legislation:F2023L01292
Segment Type: other
Provision Reference: 
Character Range: 5767–8881

Reserve Bank of Australia.
Reporting Entity means a person that is required to report Derivative Transaction Information or Derivative Position Information in accordance with the Reporting Requirements.
Reporting Requirements means reporting requirements within the meaning of subsection 901A(6) of the Corporations Act, imposed under the Reporting Rules.
Reporting Rules means the ASIC Derivative Transaction Rules (Reporting) 2022 and from 21 October 2024 means the ASIC Derivative Transaction Rules (Reporting) 2024.
Rules means these derivative trade repository rules.
Trade Reporting Services means all services provided by a Trade Repository for the acceptance, retention, use, disclosure and provision of access to Derivative Trade Data, including any services for the acceptance, retention, use, disclosure and provision of access to Derivative Trade Data that are outsourced by the Operator.
Trade Repository means a licensed derivative trade repository as defined in section 761A of the Corporations Act.
Users means Participants and Linked Entities.
Chapter 2: Obligations of Officers and Operators

Part 2.1 Obligations of Officers

2.1.1 Obligations of Officers
An Officer of a Trade Repository must take all reasonable steps to ensure the Operator of the Trade Repository complies with its obligations under these Rules.
Note: See paragraph 903B(b) of the Corporations Act.

Part 2.2 Manner in which the Trade Repository provides its services

2.2.1 Legal basis
(1) An Operator must ensure there is a clear, transparent and enforceable legal basis, including rules, procedures and contractual arrangements, for each material aspect of the Trade Repository's services.
Note: For example, there must be a high degree of certainty that actions taken by the Operator under its rules, procedures and contractual arrangements will be enforceable and will not be voided, reversed or subject to stays.
(2) Without limiting subrule (1), an Operator must have documented and enforceable rules, procedures and contractual arrangements in relation to the acceptance, retention, use, disclosure and provision of access to Derivative Trade Data.
(3) The rules, procedures and contractual arrangements referred to in subrule (2) must clearly define:
(a)        the rights and obligations of the Operator, Users and, if applicable, Indirect Participants, with respect to acceptance, retention, use, disclosure and provision of access to Derivative Trade Data, including, without limitation:
(i)         the obligations of the Operator with respect to minimum service levels, operational reliability and maintaining the integrity, security and confidentiality of Derivative Trade Data; and
(ii)       the rights of Users with respect to access to the Derivative Trade Data; and
(b)       procedures for the resolution of disputes between the Operator and Users.
(4) The rules, procedures, and contractual arrangements referred to in subrules (1)–(3) must be consistent with these Rules, the Reporting Rules, the Corporations legislation and any other applicable law of a State or Territory or law of the Commonwealth.