Document ID: chunk:federal_register_of_legislation:F2023L01162:body:0:p10
Version: federal_register_of_legislation:F2023L01162
Segment Type: other
Provision Reference: 
Character Range: 22341–25031

314 503 (ASX Clear) that is required to comply with, and complies with, the operating rules of ASX Clear that impose financial requirements, taking into account any waiver of those requirements by ASX Clear.

eligible custodian means:

(a) an Australian ADI; or

(b) a market participant or a clearing participant; or

(c) a sub-custodian appointed by a person referred to in paragraph (a) or (b).
eligible provider means:
(a) an Australian ADI; or
(b) the government of the Commonwealth or of a State or Territory government or the government of a country that is a member of the Organisation for Economic Co-operation and Development or an agency or instrumentality of such a government; or
(c) a foreign deposit-taking institution:
(i) that is regulated by a regulator approved in writing by ASIC for this purpose; or
(ii) approved in writing by ASIC for this purpose; or
(d) an Australian CS facility licensee within the meaning of section 761A; or
(e) an entity approved by ASIC in writing for the purpose of this paragraph.
eligible undertaking means in relation to a financial services licensee:
(a) an enforceable and unqualified undertaking by an eligible provider, expressed to be irrevocable without the written consent of ASIC, to pay, on written demand by the licensee, a certain amount (disregarding any part previously paid or any amount that would be repayable as a liability by the licensee if money were paid); or
(b) an undertaking approved in writing by ASIC as an eligible undertaking.
excluded assets means in relation to a financial services licensee:
(a) intangible assets (including, for the avoidance of doubt, a deferred tax asset) other than a right-of-use asset arising under a lease; and
(b) receivables from, or assets invested in, any person who:
(i) is an associate of the licensee; or
(ii) was an associate of the licensee at the time the liability was incurred or the investment was made; or
(iii) became liable to the licensee in connection with the acquisition of interests in a managed investment scheme operated by the licensee; and
(c) assets that are:
(i) held as a beneficial interest or an interest in a managed investment scheme; or
(ii) shares held in a CCIV; or
(iii) invested in a superannuation product;
                  in respect of which the licensee or an associate may exercise any form of power or control; and
(d) receivables from a trustee of a trust in respect of which the licensee or an associate may exercise any form of power or control;
but, despite anything in the paragraphs above, does not include the following:
(e) a receivable mentioned in paragraph (b) or (d):
(i) to the extent that it is adequately secured; or
(ii) to