Document ID: chunk:federal_register_of_legislation:F2024C01108:front:0:p59
Version: federal_register_of_legislation:F2024C01108
Segment Type: other
Provision Reference: 
Character Range: 156677–159489

under the Clearing Rules.

4.1.2 Records of dealings on Own Account
(1) This Rule applies to a Market Participant that makes a decision, or gives instructions to, enter into a Market transaction on its Own Account, whether or not the Market transaction is executed.
(2) Subject to Rule 4.1.8, the Market Participant must, in addition to complying with the requirements of the Corporations Act to the extent that those requirements apply to dealing in the relevant Market, maintain sufficiently detailed records showing:
 1.         particulars of the decision or instructions, including, without limitation:
        1.          the name of the person who generated the instruction or made the decision;
(ii)       the financial products to be bought or sold;
(iii)     the number thereof;
(iv)      any price or time related instructions or decisions; and
(v)       any time limit on the instruction;
(b)       any amendment of any kind to the instructions or Trading Message (including, without limitation, cancellation of an instruction or Trading Message, variation of the number of financial products to be bought or sold or variation of any price or time related instructions), including the date and time of any amendment to the instruction or Trading Message;
(c)        the name of any other person who passed the instruction on between the person who initially gave the instruction or made the decision, and a Trading Platform and the date and time they passed it;
(d)       the name of the DTR who entered a Trading Message into a Trading Platform (or if the Trading Message was submitted by Automated Order Processing, the information set out in Rule 5.5.3);
(e)        the time the DTR entered a Trading Message into a Trading Platform (or if the Trading Message was submitted by Automated Order Processing, the time at which the Trading Message was initiated by the Open Interface Device); and
(f)        if the Trading Message gives rise to a Market transaction, the date, time and Market on which that occurs.

4.1.3 Records to be made immediately
A Market Participant must make the records referred to in Rules 4.1.1, 4.1.2, 4.1.7 and 4.1.8 immediately after the event to which they relate and record the time of the relevant event.

4.1.4 Records to be retained for prescribed period
A Market Participant must retain the records referred to in Rules 4.1.1, 4.1.2, 4.1.7 and 4.1.8 for seven years from the date the record is made.

4.1.5 Certain records maintained by the Market operator
Where a Market Participant is a Trading Participant, certain of its obligations under Rules 4.1.1 and 4.1.2 may be met by relying on records maintained electronically as set out in Rule 4.1.6.

4.1.6 Conditions for reliance on the Market operator records
(1) Where the records of the Trading Participant: