Document ID: chunk:federal_register_of_legislation:F2023N00319:front:0:p5
Version: federal_register_of_legislation:F2023N00319
Segment Type: other
Provision Reference: 
Character Range: 10447–13232

compliance with any written direction given by ASIC that the ASIC Data be made available to the Australian Regulator by:
              (i) making the ASIC Data available on a DDRS server for the relevant Australian Regulator to download; or
              (ii) sending the ASIC Data to a server specified by the relevant Australian Regulator.
Provision of access to foreign regulators
(3) DDRS does not have to comply with subsection 904B(5) of the Corporations Act to the extent the subsection requires DDRS to comply with a request from a person or body prescribed under regulations made for the purposes of paragraph 904B(2)(b) of the Corporations Act for access to Derivative Trade Data, in circumstances in which DDRS would be prohibited from doing so under section 46O of the SFA.
Disclosure to Related Body Corporates and MAS
(4) DDRS does not have to comply with Rule 2.3.4(13) of the DTRRs in circumstances where DDRS reasonably considers that it is necessary to disclose information specified under that Rule to a Related Body Corporate of DDRS in order to comply with a request by an Australian Regulator or Prescribed Foreign Regulator for particular Derivative Trade Data, for so long as DDRS takes reasonable steps to ensure the Related Body Corporate does not disclose such information other than for the purposes of seeking legal advice or as required by law.
(5) DDRS does not have to comply with Rule 2.3.4(13) of the DTRRs in circumstances where DDRS discloses information specified under that Rule to the MAS.

12 Exemption 8 (Create and Disclose Statistical Data)
DDRS does not have to comply with Rules 2.3.5 and 2.3.6 of the DTRRs for so long as DDRS complies with the following conditions:
           (a) DDRS must, for each 7 day period commencing on the first Monday on or after the day this instrument commences, create, for each class of Derivative specified in the conditions of the Australian Licence, statistical data from the ASIC Data that includes the following:
              (i) the total number of open positions and total gross notional outstanding, as at the end of the 7 day period;
              (ii) a breakdown by the currency (e.g. AUD, USD) of the notional amount for the Derivatives in the class;
              (iii) a breakdown of whether, in each of the classes, the Derivatives to which the statistical data relates are cleared or uncleared;
              (iv) the total number of new transactions reported in each of the classes during the 7 day period;
              (v) cumulative total numbers of transactions per asset class for the current financial year, as at the end of the 7 day period;
           (b) DDRS must:
              (i) make available at no charge and through a publicly accessible website within 5 days from the end