Document ID: chunk:federal_register_of_legislation:F2024C01108:reg:5:p14
Version: federal_register_of_legislation:F2024C01108
Segment Type: reg
Provision Reference: reg 5 (pt 14/35)
Character Range: 338282–341447

after the occurrence of a Major Event; and
               3.        once every 12 months; and
 1.        update the Business Continuity Plans as required to ensure they comply with subrules (1) to (4).

Documentation of plans and testing
(9) An Operator must document:
 1.         its Business Continuity Plans; and
 2.        the scope and results of all reviews and testing performed in accordance with subrule (8),
     and must maintain that documentation for a period of at least seven years from the later of the date it is created or the date it is last amended.

Part 8A.6 Governance

8A.6.1 Responsibility for compliance
(1) An Operator must have appropriate governance arrangements and adequate financial, technological and human resources to comply with its obligations under this Chapter 8A.
(2) Without limiting subrule (1), the arrangements referred to in that subrule must include arrangements for the Operator's Board or senior management to have oversight of the establishment, implementation, maintenance, review, testing and documentation of the Operator's Business Continuity Plans.

Chapter 8B: Market Participants—Critical Business Services, Information Security and Business Continuity Plans

Part 8B.1 Application and Definitions

8B.1.1 Application of Chapter

This Chapter applies to:
(a)        Participants of a Market on or through which offers to acquire or dispose of Equity Market Products are made or accepted;
(b)       CGS Market Participants.

8B.1.2 Definitions

In this Chapter:

Business Continuity Plans has the meaning given by Rule 8B.4.1.

Critical Business Services, in relation to a Participant, means functions, infrastructure, processes or systems which in the event of failure to operate effectively, would or would be likely to cause significant disruption to the Participant's Participant Operations or materially impact the Participant's Participant Services.

Note: Critical Business Services referred to in this definition would generally include but are not limited to, functions, infrastructure, processes and systems that deliver or support order acceptance, routing and entry, clearing and settlement of transactions, payments and deliveries of financial products and funds, accounting for or reconciling client money, trust accounts, securities and funds, confirmations and regulatory data reporting.

Critical Business Services Arrangements has the meaning given by Rule 8B.2.1.

Information Asset means information and information technology, including software, hardware and data (both soft and hard copy).

Major Event has the meaning given by Rule 8B.4.1.

Operator means an operator of a Market referred to in paragraph 8B.1.1(a) or of a CGS Market.

Outsourcing Arrangement means an arrangement between a Participant and another person (Service Provider) under which the Service Provider will provide, operate or support one or more of the Participant's Critical Business Services.

Participant means a participant referred to in paragraph 8B.1.1(a) or (b).

Participant Operations, in relation to a Participant, means the operations, activities or conduct of the Participant in connection with the