Document ID: chunk:federal_register_of_legislation:C2005C00498:clause:1_798c
Version: federal_register_of_legislation:C2005C00498
Segment Type: clause
Provision Reference: sch 1 cl 798C
Character Range: 127643–129861

798C  Self‑listing of markets

 (1) A market licensee may be included in the market's official list.

Note: There are certain matters that must be included in the market's listing rules before the licensee is included in the official list: see subsection (4).

 (2) In such a case, the financial products of the licensee may be traded on the market, if the licensee has entered into such arrangements as ASIC requires:
 (a) for dealing with possible conflicts of interest that might arise from the licensee's financial products being able to be traded on the market; and
 (b) for the purposes of ensuring the integrity of trading in the licensee's financial products.

Note: For fees in respect of ASIC performing functions under such arrangements, see Part 9.10.

 (3) The licensee must comply with the arrangements.

Note: Failure to comply with this subsection is an offence (see subsection 1311(1)).

 (4) Before, and at all times while, the licensee is included in the market's official list, the market's listing rules must provide for ASIC, instead of the licensee, to make decisions and to take action (or to require the licensee to take action on ASIC's behalf) in relation to these matters, and matters related to these matters:
 (a) the admission of the licensee to the market's official list;
 (b) the removal of the licensee from that list;
 (c) allowing, stopping or suspending the trading on the market of the licensee's financial products.

Note: For fees in respect of ASIC performing this function, see Part 9.10.

 (5) ASIC has the powers and functions that are provided for it in any listing rules or arrangements made for the purposes of this section.

 (6) An Australian market licensee's products must not be traded on the licensee's own market otherwise than as allowed by this section.

Note: Failure to comply with this subsection is an offence (see subsection 1311(1)).

 (7) This section does not apply if the licence concerned was granted under subsection 795B(2) (overseas markets). Instead, the law of the country in which the market licensee's principal place of business is located applies for all purposes connected with the inclusion of the licensee in the market's official list.