Document ID: chunk:federal_register_of_legislation:F2024C01106:body:0:p1
Version: federal_register_of_legislation:F2024C01106
Segment Type: other
Provision Reference: 
Character Range: 11–3580

ASIC Market Integrity Rules (IMB Market) 2010

           made under subsection 798G of the Corporations Act 2001

           Compilation No. 3

                               Compilation date: 15 October 2024

                               Includes amendments up to:  ASIC Market Integrity Rules (Amendment) Instrument 2024/774 (F2024L01303)

Contents

            Chapter 1: Introduction.........................................3
            Part 1.1..Preliminary ...........................................3
            Part 1.2..Waiver of the Rules.....................................5
            Part 1.3..Definitions ...........................................5
            Chapter 2: Market Participants....................................7
            Part 2.1..Conduct of Market Participants.............................7
            Part 2.2..Market Participant Obligations.............................7
            Endnotes ................................................................8
            Endnote 1—About the endnotes....................................8
            Endnote 2—Abbreviation key......................................9
            Endnote 3—Legislation history....................................10
            Endnote 4—Amendment history...................................11

Chapter 1: Introduction

Part 1.1 Preliminary

1.1.1 Enabling legislation

ASIC makes this instrument under subsection 798G(1) of the Corporations Act.

1.1.2 Title

This instrument is ASIC Market Integrity Rules (IMB Market) 2010.

1.1.4 Scope of these Rules

These Rules apply to:

 1.         the activities or conduct of the Market;

 2.        the activities or conduct of persons in relation to the Market;

 3.         the activities or conduct of persons in relation to financial products traded on the Market.

1.1.5 Entities that must comply with these Rules

The following entities must comply with these Rules:

 1.         the Market Operator;

 1.        Market Participants; and

 2.         Other Regulated Entities;

as specified in each Rule.

1.1.5A    Penalties for a contravention of these Rules

The maximum pecuniary penalty payable for a contravention of a provision of these Rules is an amount determined by the Court under section 1317G of the Corporations Act.

1.1.6 Conduct by officers, employees or agents

In these Rules, conduct engaged in on behalf of a person:

 1.         by an officer, employee, or other agent of the person, and whether or not within the scope of the actual or apparent authority of the officer, employee, or other agent; or

 2.        by any other person at the direction or with the consent or agreement (whether express or implied) of an officer, employee, or other agent of the person, and whether or not the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, employee, or other agent,

is deemed to have been engaged in by the person.

1.1.7 State of mind of a person

(1) If for the purposes of these Rules in respect of conduct engaged in by a person, it is necessary to establish the state of mind of the person, it is sufficient to show that an officer, employee, or other agent of the person, being an officer, employee, or other agent by whom the conduct was engaged in and whether or not the conduct was within the scope of the actual or apparent authority of that officer, employee, or other agent, had that state of mind.

(2) In subrule (1), a reference to the state of mind of a person includes