Document ID: chunk:federal_register_of_legislation:F2024L01113:body:0:p2
Version: federal_register_of_legislation:F2024L01113
Segment Type: other
Provision Reference: 
Character Range: 3051–6140

Opt-In Notice in relation to one or more Opt-In Classes, by giving to ASIC a written notice (the Withdrawal Notice) setting out all of the following:
         1.           the name of the Relevant Reporting Entity;
         2.           the name of each Opt-In Class for which the Relevant Reporting Entity is giving the written notice;
         3.           the date (Withdrawal Effective Date) from which the Relevant Reporting Entity will cease to rely on the exemption in section 5 in relation to each Opt-In Class named in the notice, being a date not less than 30 calendar days from the date the Withdrawal Notice is given.
    7 Where Exemption 1 applies
    The exemption in section 5 applies to a Relevant Reporting Entity in relation to an Opt-In Class from the Effective Date specified in an Opt-In Notice given by the Relevant Reporting Entity in accordance with subsection (6)(1) in relation to that Opt-In Class, until the Withdrawal Effective Date specified in the Withdrawal Notice (if any) given in accordance with subsection 6(2) in relation to that Opt-In Class.
    8 Conditions of Exemption 1

    Requirement to report certain transactions having a certain geographic nexus with Australia ("sales or trader basis")
 1.           Subject to subsection (2), a Relevant Reporting Entity to which the exemption in section 5 applies must, commencing from the date (Relevant Reporting Date) that is the Effective Date specified in the Opt-In Notice in relation to the Opt-In Class, report Derivative Transaction Information about each of the following Derivative Transactions in the Opt-In Class (each, a Nexus Transaction), as if the Nexus Transaction was a Reportable Transaction under the Rules:
         1.           the entry into of an arrangement that is an OTC Derivative (Nexus Derivative) to which the Relevant Reporting Entity is a counterparty, where:
                 1.             one or more of the following functions in relation to the OTC Derivative:
                         1.         determining the price, level, rate or other economic terms (collectively, Terms) on which the Relevant Reporting Entity is willing to enter into the OTC Derivative, including by determining the proposed Terms or range of proposed Terms which may be communicated to the proposed counterparty or agreeing the final Terms on which the Relevant Reporting Entity will enter into the OTC Derivative with the proposed counterparty;
                         2.         communicating to the proposed counterparty one or more of the Terms on which the Relevant Reporting Entity is willing to enter into the OTC Derivative;
                         3.         offering to enter into the OTC Derivative with the proposed counterparty or inviting the proposed counterparty to offer to enter into the OTC Derivative with the Relevant Reporting Entity;
                         4.         agreeing  to enter into the OTC Derivative with the proposed counterparty;
                         5.          managing the financial risk arising from the OTC Derivative;
              is, or