Document ID: chunk:federal_register_of_legislation:F2023L01292:body:0:p8
Version: federal_register_of_legislation:F2023L01292
Segment Type: other
Provision Reference: 
Character Range: 19268–22271

request unless the request is for Derivative Trade Data that is required by the Australian Regulator in connection with the performance of its functions or exercise of its powers.
(9) An Operator that receives a request from an Australian Regulator under subsection 904B(2) of the Corporations Act for Derivative Trade Data retained in the Trade Repository, including a request for Derivative Trade Data referred to in subrule (7), must comply with any reasonable requirement specified in the request to provide the Derivative Trade Data:
(a)        on an ad hoc or periodic basis, or each time a particular circumstance or event occurs;
(b)       by a specified time; and/or
(c)        in a specified format.
(10) For the purposes of subparagraph 904B(5)(b)(ii) of the Corporations Act, an Operator that receives a request from a Prescribed Foreign Regulator under subsection 904B(2) of the Corporations Act for Derivative Trade Data retained in the Trade Repository, is excused from complying with the request unless:
(a)        the request is for:
(i)         Derivative Trade Data reported by Participants in accordance with the Reporting Requirements; or
(ii)       information (including statistical data) that is created or derived from the Derivative Trade Data referred to in subparagraph (i);
(b)       the Derivative Trade Data is required by the Prescribed Foreign Regulator in the performance of its functions or exercise of its powers; and
(c)        the request is made subject to and in accordance with internationally accepted regulatory access standards applicable to Derivative Trade Repositories.
Note: Under this Rule, an Operator may be required to provide the Prescribed Foreign Regulator with aggregate-level data, position-level data or transaction-level data (including the identity of counterparties), depending on the Prescribed Foreign Regulator's regulatory mandate.

Limitations on access and request
(11) Subrules (7)–(10) operate subject to any requirements of regulations made for the purposes of subsection 904B(4) or subparagraph 904B(5)(b)(i) of the Corporations Act.

Information taken to be given to ASIC in confidence
(12) For subsection 903A(5) of the Corporations Act, information given to ASIC by an Operator (or an Officer of an Operator), under a provision of:
(a)        Part 7.5A of the Corporations Act;
(b)       regulations made for the purpose of Part 7.5A of the Corporations Act; or
(c)        these Rules or the Reporting Rules,
is to be taken, for the purpose of section 127 (confidentiality) of the Australian Securities and Investments Commission Act 2001, to be given to ASIC in confidence in connection with the performance of ASIC's functions under the Corporations Act, unless the information has been made publicly available in accordance with the provisions referred to in paragraphs (a)–(c) or as otherwise required or permitted by law.
(13) An Operator must not disclose that:
(a)        a request for particular Derivative Trade Data was