Document ID: chunk:federal_register_of_legislation:F2023C00843:body:0:p4
Version: federal_register_of_legislation:F2023C00843
Segment Type: other
Provision Reference: 
Character Range: 7886–10811

an Australian ADI or an entity approved by ASIC in writing for the purpose of this paragraph that can be drawn down within 5 business days and when paid is not repayable for at least a month;
              held by the licensee and where held as trustee of a trust, includes such an amount if the licensee has no reason to believe that the amount will not be available to meet all of the projected cash outflows of the licensee.
              (7) In this section:
              cash flow means, in relation to a licensee:
              (a) the licensee's own cash flow; and
(b) if substantially all of the financial services business carried on by the licensee is carried on as trustee of a trust, the cash flow of the trust;
but does not include any cash flow of any other trust.
Note:  The definition of cash in subsection (6) does not apply for the purposes of this definition.
              clearing participant means a participant (as defined in section 761A in relation to a clearing and settlement facility) in the licensed CS facility operated by ASX Clear Pty Limited (ASX Clear) that reasonably believes it complies with the operating rules of ASX Clear that impose financial requirements, taking into account any waiver of those requirements by ASX Clear (each as in force from time to time).
              market participant means a participant (as defined in section 761A in relation to a financial market):
(a) in the licensed financial market operated by ASX Limited that reasonably belives it complies with the rules of the ASIC Market Integrity Rules (ASX Market-Capital) 2014 that impose financial requirements, taking into account any waiver by ASIC (each as in force from time to time); or
(b) in the licensed financial market operated by Chi-X Australia Pty Limited that reasonably believes it complies with the rules of the ASIC Market Integrity Rules (Chi-X Australia Market-Capital) 2014 that impose financial requirements, taking into account any waiver by ASIC (each as in force from time to time).".

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Endnotes

Endnote 1—Instrument history

Instrument number  Date of FRL registration      Date of commencement  Application, saving or transitional provisions
2017/339           20/09/2017 (see F2017L01215)  28/09/2017
2023/160           20/03/2023 (see F2023L00290)  21/03/2023            -
2023/649           31/8/2023 (see F2023L01166)   1/9/2023
2023/670           31/8/2023 (see F2023L01161)   1/9/2023

Endnote 2—Amendment history
ad. = added or inserted     am. = amended     LA = Legislation Act 2003    rep. = repealed     rs. = repealed and substituted
Provision affected                                 How affected
Section 2                                          rep. s48D LA
Section 5                                          am. 2023/160
Section 5 (notional subparagraph 912AH(1)(b)(iv))  am. 2023/649 and 2023/670
Section 5 (notional subsection 912AH(5))           am. 2023/649