Document ID: chunk:federal_register_of_legislation:F2023L01292:body:0:p6
Version: federal_register_of_legislation:F2023L01292
Segment Type: other
Provision Reference: 
Character Range: 13978–16800

Officers and employees comply with section 904B of the Corporations Act in handling, using and disclosing Derivative Trade Data.
(2) For subparagraph 904B(1)(b)(ii) of the Corporations Act, an Operator is permitted to use and disclose:
(a)        statistical data that the Operator has disclosed in accordance with Rule 2.3.5 or Rule 2.3.6;
(b)       Derivative Trade Data other than statistical data referred to in paragraph (a) that is, or that is created or derived from, Derivative Trade Data that has been reported to the Operator by a Participant, only if:
(i)         the Participant that reported the Derivative Trade Data has given prior written consent to the use or disclosure of the Derivative Trade Data by the Operator; and
(ii)       where the Derivative Trade Data is capable of identifying a counterparty to a Derivative Transaction, that counterparty has consented in writing to the use or disclosure of the Derivative Trade Data.
(3) For the purposes of paragraph (2)(b), an Operator:
(a)        must not require a Participant to consent to the use or disclosure of Derivative Trade Data reported by the Participant as a condition of the Participant's access to the Trade Repository's services; and
(b)       must not induce or attempt to induce a Participant to consent to the use or disclosure of the Participant's Derivative Trade Data by offering or providing to the Participant incentives or benefits that are not offered or provided to Participants that do not consent to the use or disclosure of their Derivative Trade Data, unless the incentive or benefit is reasonably related to the value to the Operator of using or disclosing the Participant's Derivative Trade Data.
Note: An example of an incentive or benefit for the purposes of paragraph (3)(b) is a reduced fee, rate or charge for access to the Trade Repository's services.

2.3.4 Provision of access to Derivative Trade Data

Participant access
(1) Subject to subrule (4), an Operator must provide each Participant with access to the records of the Derivative Trade Data that the Participant has reported to the Trade Repository, including access for the purposes of making necessary corrections or alterations to that Derivative Trade Data.
(2) To the extent not provided under subrule (1) and subject to subrule (4), an Operator must provide each Participant with access to the records of each Derivative for which the Participant is a counterparty or for which the Participant reported on behalf of the counterparty.
(3) An Operator must ensure that its rules, procedures and contractual arrangements relating to the provision of access to Derivative Trade Data clearly define the categories of access available to Participants, if there is more than one category.
(4) An Operator is not required to provide access under this Rule to