Document ID: chunk:federal_register_of_legislation:F2023N00319:front:0:p3
Version: federal_register_of_legislation:F2023N00319
Segment Type: other
Provision Reference: 
Character Range: 5465–8209

to comply with Rule 2.2.3 of the DTRRs for so long as it complies with the following conditions:
           (a) DDRS must comply with paragraphs 46I(a), (d), (e), (g) and (i) of the SFA;
           (b) DDRS must comply with regulation 16 of the SF Regulations;
           (c) DDRS must ensure that the Trade Repository's services are provided at all times in an effective manner.

8 Exemption 4 (Acceptance of Derivative Trade Data)
DDRS does not have to comply with Rule 2.3.1 of the DTRRs in relation to ASIC Data for so long as it complies with the following conditions in relation to ASIC Data:
           (a) DDRS must comply with paragraph 46J(b) of the SFA;
           (b) DDRS must comply with regulation 16 of the SF Regulations;
           (c) DDRS must accept from Participants all ASIC Data for all classes of Derivatives specified in the Australian Licence condition;
           (d) DDRS must establish, implement, maintain and enforce policies, procedures, systems and controls reasonably designed to maintain a continuous, reliable and secure connection between the Trade Repository and Participants for the purposes of accepting ASIC Data.

9 Exemption 5 (Retention of Derivative Trade Data)
(1) DDRS does not have to comply with Rule 2.3.2 of the DTRRs in relation to ASIC Data for so long as it complies with the following conditions in relation to ASIC Data:
           (a) DDRS must comply with paragraph 46J(b) and subsection 46L(1) of the SFA;
           (b) DDRS must comply with regulation 5(a) of the SF Regulations;
           (c) DDRS must ensure that all records of ASIC Data and records of each alteration or correction to ASIC Data is retained in a secure location and in an electronic format, and is immediately accessible by DDRS;
           (d) DDRS must create at least one backup copy of each record referred to in paragraph (c) and must ensure that, for the period of time that the record must be retained under regulation 5(a) of the SF Regulations, the backup copy is retained in a secure location and in an electronic format, separate from the location of the record, and is accessible by DDRS within 3 Business Days.
(2) DDRS must comply with the conditions in subsection (1) subject to any direction given by ASIC under section 904K of the Corporations Act.
           Note:  Subsection 904K(4) of the Corporations Act requires a person who is given a direction by ASIC under section 904K to comply with the direction.

10 Exemption 6 (Use and Disclosure of Derivative Trade Data)
Disclosures of Derivative Trade Data that is not ASIC Data
(1) DDRS does not have to comply with section 904B(1) of the Corporations Act and Part 2.3 of the DTRRs in relation to Derivative Trade Data that is not ASIC Data,