Document ID: chunk:federal_register_of_legislation:F2024C01198:body:0:p100
Version: federal_register_of_legislation:F2024C01198
Segment Type: other
Provision Reference: 
Character Range: 280531–283665

Corporations Act 2001;
        (12) 'specified financial market' means
           (a) the Australian Securities Exchange Limited (ACN 000 943 377); or
           (b) FEX Global Pty Ltd (ACN 124 127 224).

Reporting entities should note that in relation to activities they undertake to comply with the AML/CTF Act, they will have obligations under the Privacy Act 1988, including the requirement to comply with the Australian Privacy Principles, even if they would otherwise be exempt from the Privacy Act. For further information about these obligations, please go to http://www.oaic.gov.au or call 1300 363 992.

CHAPTER 22 Exemption of certain types of transactions relating to the over-the-counter derivatives market

    22.1 These Anti-Money Laundering and Counter-Terrorism Financing Rules (Rules) are made under section 229 for subsection 247(3) of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML/CTF Act).

    22.2 Subject to paragraph 22.3, the AML/CTF Act does not apply to a designated service that:

        (1) is of a kind described in item 35 of table 1 in section 6 of the AML/CTF Act; and

        (2) relates to the over-the-counter derivatives market in Australia in respect of one or more of the following commodities or products:

           (a) electricity; or

           (b) gas; or

           (c) environmental products; or

           (d) coal, oil, diesel or other form of fuel used in the generation of electricity by either:

           (i) the provider of the designated service; or

           (ii)  the customer; or

           (e) interest rate derivative products; or

           (f) weather index or scale products relating to precipitation, temperature, wind, humidity or solar exposure; or

           (g) foreign exchange derivative products; or

           (h) oil derivative products linked to gas supply contracts.

    22.3 The exemption in paragraph 22.2 only applies if:

        (1) the person who provides the designated service:

           (a) is registered as a Registered Participant under the National Electricity Rules; or

           (b) is a Generator who under Rule 2.9.3 of the National Electricity Rules is exempt from registration; or

           (c) is registered as a Rule Participant under the Wholesale Electricity Market Rules; or

           (d) in a registrable capacity set out in Rule 135A, is registered as a Registered Participant under Rule 135AE of the National Gas Rules; or

           (e) in a registrable capacity set out in Rule 135ABA, is registered as a Registered Participant under Rule 135AE of the National Gas Rules; and

           (f) one of the following applies:

               (i) the person holds an AFS licence that authorises that person to provide the designated service; or

               (ii) the person acts through an agent that holds an AFS licence which authorises that agent to provide the designated service on behalf of the person, or is appointed as an authorised representative under section 916A of the Corporations Act 2001 to provide the designated service on behalf of the