Document ID: chunk:federal_register_of_legislation:F2023C00208:reg:17:p1
Version: federal_register_of_legislation:F2023C00208
Segment Type: reg
Provision Reference: reg 17 (pt 1/3)
Character Range: 43896–46766

17  Short position reporting and short sale transaction reporting
(1) Part 7.9 of the Act applies in relation to section 1020B products as if Division 15 of Part 7.9 of the Regulations were modified or varied as follows:
(a) in subregulation 7.9.99(1) omit the definition of reporting day, substitute:
            "reporting day, in relation to a short position, means a day that a licensed market that has admitted to quotation the section 1020B product is open for trading.";
(b) omit subregulation 7.9.99(2) (excluding the heading), substitute:
                "(2) In this Division, a short position is a position in relation to a section 1020B product in a listed entity where the quantity of the product which a person, acting in a particular capacity, has is less than the quantity of the product which the person, acting in the same capacity, has an obligation to deliver.
                Note: A person may have more than one position in relation to the product on a particular day. For example, a person will have two positions in relation to the product if the person, acting in a particular capacity, has a position and the person, acting in a different capacity, also has a position.";
(c) omit paragraph 7.9.99(3)(b), substitute:
                "(aa) the person holds the product on behalf of another person except where that other person has the sole discretion to decide whether the product will be sold; or
                (b) another person is holding the product on the person's behalf but only where the person has the sole discretion to decide whether the product will be sold; or";
(d) omit paragraph 7.9.99(4)(b), substitute:
                "(b) has a contingent or non-contingent obligation to vest title in a lender under a securities lending arrangement; or";
(e) after subregulation 7.9.99(4) insert:
                "(4A) In subregulation (2), the person has the product or has an obligation to deliver the product only if the person is acting in one or more of the following capacities:
                   (a) the person is acting on their own behalf; or
                   (b) the person is acting on behalf of another person except where that other person has the sole discretion to decide whether the product will be sold; or
                   (c) another person is acting on behalf of the person but only where the person has the sole discretion to decide whether the product will be sold.
                (4B) For the purposes of subregulation (2):
                   (a) subject to paragraph (b), the capacities referred to in each of the paragraphs in subregulation (4A) are taken to be separate capacities;
                   (b) where a person is acting on their own behalf under paragraph (4A)(a) and another person is acting on the person's behalf under paragraph (4A)(c), the person is taken to be acting in the same capacity;