Document ID: chunk:federal_register_of_legislation:F2024C01137:front:0:p4
Version: federal_register_of_legislation:F2024C01137
Segment Type: other
Provision Reference: 
Character Range: 8649–11576

Relevant Jurisdiction means, in relation to a Reportable Transaction:
        (a)        this jurisdiction, if the Reportable Transaction was booked to the profit or loss account of a branch of the Reporting Entity located in this jurisdiction or was entered into by the Reporting Entity in this jurisdiction; or
        (b)       if paragraph (a) does not apply:
           (i)         the jurisdiction in which the Reportable Transaction was booked to the profit or loss account of a branch of the Reporting Entity; or
           (ii)       if subparagraph (i) does not apply, the jurisdiction in which the Reportable Transaction was entered into by the Reporting Entity.
Reportable Transaction, in relation to a Reporting Entity, has the meaning given by Rule 1.2.5.
Reporting Entity has the meaning given by Rule 1.2.5.
Reporting Requirements has the meaning given by subsection 901A(6) of the Act.
Retail Client has the meaning given by s761G of the Act.
Rules means these derivative transaction rules.
Small-scale Buy-side Entity means a Reporting Entity that:
         1.         is an RE, Trustee, a non-bank body regulated by APRA, or a corporate director of a CCIV; and
         1.        is not an AFS Licensee whose AFS Licence authorises them to make a market in derivatives; and
         2.         is not an Exempt Foreign Licensee; and
         3.        meets the small-scale criteria; and
         4.         is not disqualified from the small-scale criteria;
     where:
         1.         an entity meets the small-scale criteria from the day after the quarter day following two successive quarter days that it holds 12 billion Australian dollars or less of total gross notional outstanding Non-centrally Cleared Derivatives; and
         2.        an entity is disqualified from the small-scale criteria from the day after the quarter day following two successive quarter days that it holds greater than 12 billion Australian dollars of total gross notional outstanding Non-centrally Cleared Derivatives;
         3.        for a Reporting Entity other than an RE or a trustee, holds means holds other than in a representative capacity; and
         4.          for a Reporting Entity that is an RE or a trustee, holds means holds in the capacity of RE or trustee for a particular scheme or trust; and
         5.          for a CCIV, holds means holds by the CCIV for a particular sub-fund, and includes holds by another person holding property of the CCIV for a particular sub-fund.
Trustee means a trustee of a trust.
UTI means a unique transaction identifier in the form specified in ISO 23897.
UTI generating entity means an entity that generates a UTI for the purposes of these Rules.

1.2.4 OTC Derivatives
(1) Subject to subrules (2), (6) and (7), in these Rules a Derivative is an OTC Derivative if the Derivative is in a Prescribed Class.
(2) In these Rules a Derivative is not an OTC Derivative