Document ID: chunk:federal_register_of_legislation:F2024C01135:reg:6:p10
Version: federal_register_of_legislation:F2024C01135
Segment Type: reg
Provision Reference: reg 6 (pt 10/13)
Character Range: 38392–41151

may publish on its website any notification given to ASIC under this Rule.

3.1.2 Notification of Clearing Entity status to counterparty
(1) This Rule applies to an entity that:
(a)        is a Clearing Entity; or
(b)       has given, or is required to give, a notice to ASIC under Rule 1.2.8 or subrule 3.1.1(1).
(2) An entity to which this Rule applies must, on request by a person that has entered into or proposes to enter into a Derivative Transaction with the entity, disclose in writing to the person the following within a reasonable time after the request:
(a)        whether the entity is an Australian Clearing Entity or a Foreign Clearing Entity; and
(b)       if the entity will become or cease to be a Clearing Entity on an identifiable future date—that date and whether the entity will become or cease to be an Australian Clearing Entity or a Foreign Clearing Entity on that date.
(3) An entity must disclose information under this Rule in relation to each capacity in which the entity:
(a)        is a Clearing Entity; or
(b)       has given, or is required to give, a notice to ASIC under Rule 1.2.8 or subrule 3.1.1(1).

Part 3.2 Records

3.2.1 Keeping of records
(1) A Clearing Entity must keep records that enable the Clearing Entity to demonstrate it has complied with the requirements of these Rules.
(2) A Clearing Entity must keep each record referred to in subrule (1) for a period of at least five years from the date the record is made or amended.
(3) A Clearing Entity is not required to keep the records referred to in subrule (1) where the Clearing Entity has arrangements in place to access those records in a Clearing Facility, either directly or through another person, for the period set out in subrule (2).

3.2.2 Provision of records or other information
(1) A Clearing Entity must, on written request by ASIC, provide ASIC with records or other information relating to compliance with or determining whether there has been compliance with these Rules.
(2) A Clearing Entity must comply with a request under subrule (1) within the time specified in the request.

Endnotes

Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history

Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law.