Document ID: chunk:federal_register_of_legislation:F2023N00319:front:0:p8
Version: federal_register_of_legislation:F2023N00319
Segment Type: other
Provision Reference: 
Character Range: 18243–21181

Rule 2.4.9 of the DTRRs for so long as DDRS complies with the following conditions:
           (a) DDRS must comply with paragraphs 46I(1)(a), (b), (e), (g) and (i) of the SFA;
           (b) DDRS must comply with regulation 16(1) of the SF Regulations;
           (c) DDRS must provide ASIC with a copy of any notification or report provided to MAS under regulation 9(1)(d) of the SF Regulations, and under regulation 9(2) of the SF Regulations as it relates to a circumstance under regulation 9(1)(d), as soon as practicable after providing the notification or report to MAS.

22 Exemption 18 (Business Continuity Planning)

       DDRS does not have to comply with Rule 2.4.10 of the DTRRs for so long as DDRS complies with the following conditions:

           (a) DDRS must comply with subparagraph 46I(1)(g) of the SFA; and

           (b) DDRS must comply with regulations 13(1) and (2) of the SF Regulations.

23 Exemption 19 (Recovery and Resolution)

       DDRS does not have to comply with Rule 2.4.11 of the DTRRs for so long as DDRS complies with the following conditions:

           (a) DDRS must comply with regulation 14 of the SF Regulations;

           (b) DDRS must, on request by an Australian Regulator, provide the Australian Regulator with information reasonably required by the Australian Regulator for the purposes of resolution planning in respect of DDRS or its Users in relation to ASIC Data;

           (c) DDRS must establish, implement, maintain and enforce policies, procedures and plans to comply with:

              (i) the conditions in paragraphs (a) and (b); and

              (ii) any obligations that may arise under section 904K of the Corporations Act in the event that DDRS ceases to be licensed under section 905C of the Corporations Act.

  24    Exemption 20 (Operational Separation of Functions)
DDRS does not have to comply with Rule 2.4.12 of the DTRRs for so long as DDRS complies with the following conditions:
           (a) DDRS must comply with paragraph 46K(1)(b) of the SFA;
           (b) where DDRS provides Non-Trade Reporting Services, DDRS must disclose to ASIC a written description of all of the Non-Trade Reporting Services, and update the disclosure in writing as soon as practicable after any changes are made to the Non-Trade Reporting Services;
           (c) where DDRS or any of its Related Body Corporates provide Non-Trade Reporting Services, DDRS must establish, implement, maintain and enforce policies, procedures, systems and controls designed to ensure operational separation between the Non-Trade Reporting Services and the Trade Reporting Services.

25 Exemption 21 (Outsourcing of Functions)

       DDRS does not have to comply with Rule 2.4.13 of the DTRRs for so long as DDRS complies with the condition that DDRS must comply with the Guidelines on Outsourcing issued by the MAS and in force as at the date of this instrument.

26 Exemption