Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:3:p4
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 3 (pt 4/43)
Character Range: 710232–713227

of a market licensee.
 (2) For section 892J of the Act, the following persons each have qualified privilege in respect of a notice, in accordance with Division 3 of Part 7.5 of the Act, seeking claims in relation to a particular participant of a financial market:
 (a) a market licensee;
 (b) the board of the market licensee;
 (c) an agent of the board of the market licensee;
 (d) an employee of a market licensee.

Part 7.5A—Regulation of derivative transactions and derivative trade repositories

Division 2—Regulation of derivative transactions: derivative transaction rules

Subdivision 2.1—Power to make derivative transaction rules

7.5A.30  Reporting requirements—prescribed facilities
 (1) This regulation is made for paragraph 901A(6)(b) of the Act.
 (2) Each facility in the following list is prescribed in relation to a class of derivatives if the facility is licensed, authorised or registered to operate as a derivative trade repository for that class of derivatives under a law of a foreign jurisdiction:
 (a) DTCC Data Repository (U.S.) LLC;
 (b) DTCC Derivatives Repository Ltd.;
 (c) DTCC Data Repository (Japan) KK;
 (d) DTCC Data Repository (Singapore) Pte Ltd;
 (e) Chicago Mercantile Exchange Inc.;
 (f) INFX SDR, Inc.;
 (g) ICE Trade Vault, LLC;
 (h) the Monetary Authority appointed under section 5A of the Exchange Fund Ordinance of Hong Kong;
 (i) UnaVista Limited;
 (j) a facility determined by ASIC for the purposes of this paragraph.
 (2A) ASIC must not determine a facility under paragraph (2)(j), unless ASIC is satisfied that:
 (a) either:
 (i) the facility has adopted rules, procedures or processes that substantially implement the CPSS‑IOSCO Principles applicable to the regulation of derivative trade repositories; or
 (ii) the foreign jurisdiction concerned has adopted legislation, policies, standards or practices that substantially implement the CPSS‑IOSCO Principles applicable to the regulation of derivative trade repositories; and
 (b) adequate arrangements exist for cooperation between ASIC and an appropriate authority responsible for licensing, authorising or registering the facility as a derivative trade repository in the foreign jurisdiction.
 (2B) A determination made under paragraph (2)(j):
 (a) must be published by ASIC in the Gazette; and
 (b) is not a legislative instrument.
 (3) Paragraphs (2)(a) to (i) cease to have effect at the end of 30 June 2015.
 (4) In this regulation:
CPSS‑IOSCO Principles means the principles for financial market infrastructures:
 (a) issued in April 2012 by the Committee on Payment and Settlement Systems (the CPSS) and the International Organization of Securities Commissions (the IOSCO); and
 (b) as supplemented, superseded or modified from time to time by principles, recommendations or standards issued by the CPSS or IOSCO (or a successor of the CPSS or IOSCO).

7.5A.50  Persons on whom requirements cannot be imposed
 (1) This regulation is made for paragraph 901D(a) of the Act.
 (2) The class