Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:3:p8
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 3 (pt 8/43)
Character Range: 720972–724034

other things, a range of foreign public entities including the following (subject to paragraphs (2)(a) and (b)):
(a) central banks;
(b) Government debt offices;
(c) multilateral development banks;
(d) the Bank for International Settlements and other similar international organisations.

7.5A.65  Circumstances in which clearing requirements can be imposed
 (1) This regulation is made for paragraph 901D(b) of the Act.
 (2) The derivative transaction rules can only impose clearing requirements in relation to a derivative transaction on an entity that is an Australian clearing entity in relation to the transaction if the other party to the transaction is:
 (a) an Australian clearing entity in relation to the transaction; or
 (b) a foreign clearing entity in relation to the transaction; or
 (c) a foreign internationally active dealer.
 (3) The derivative transaction rules can only impose clearing requirements in relation to a derivative transaction on an entity that is a foreign clearing entity in relation to the transaction if the other party to the transaction is:
 (a) an Australian clearing entity in relation to the transaction; or
 (b) a foreign clearing entity in relation to the transaction; or
 (c) a foreign internationally active dealer.
 (4) In this regulation:
foreign internationally active dealer means any foreign entity, other than a foreign clearing entity, that is registered or provisionally registered as:
 (a) a swap dealer with the Commodity Futures Trading Commission of the United States of America; or
 (b) a securities‑based swap dealer with the Securities and Exchange Commission of the United States of America.

Subdivision 2.1B—Phase 3 reporting entities—exemption from OTC derivative reporting requirements

7.5A.70  Definitions for Subdivision 2.1B
  In this Subdivision:
ASIC exemption instrument means ASIC Instrument [14/0633].
Derivative Transaction Rules (Reporting) means the ASIC Derivative Transaction Rules (Reporting) 2013.
OTC derivative (short for over‑the‑counter derivative) means an OTC Derivative within the meaning of the Derivative Transaction Rules (Reporting).
OTC derivative position means a position relating to an OTC derivative transaction.
OTC derivative position information means Derivative Position Information within the meaning of the Derivative Transaction Rules (Reporting), as in force on 1 October 2015, about OTC derivative positions.
OTC derivative transaction means a derivative transaction relating to an OTC derivative.
phase 3 reporting entity means a Phase 3 Reporting Entity within the meaning of the ASIC exemption instrument as in force on 1 October 2015.
reporting counterparty: see regulation 7.5A.72.
reporting entity means a Reporting Entity within the meaning of the Derivative Transaction Rules (Reporting), as in force on 1 October 2015.
representative capacity: an entity is a party to an OTC derivative transaction, or holds an OTC derivative position, in a representative capacity if the entity is such a party, or holds such a position, in a capacity as:
 (a) the