Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For paragraph 904B(2)(d) of the Act, the persons or bodies mentioned in Article 81(3)(a) to (e), (g), (h) and (j) of Regulation (EU) No 648/2012 of the European Parliament and the Council of the European Union, dated 4 July 2012, may request a derivative trade repository licensee to provide the person or body with derivative trade data that is retained in the derivative trade repository.
(2) For subsection 904B(4) of the Act, information must not be included in derivative trade data provided in response to a request under subregulation (1) unless:
(a) the information relates to a transaction or position that is required to be reported under either of the following:
(i) rules made under paragraph 901A(2)(b) of the Corporations Act 2001 ;
(ii) the conditions of an exemption given under section 907D of the Corporations Act 2001 ; and
(b) subregulation (3) or (4) applies.
(3) This subregulation applies if the information relates to a transaction or position that would, but for mutual regulatory recognition arrangements, be required to be reported under one or more of the following:
(a) Regulation (EU) No 648/2012 of the European Parliament and the Council of the European Union dated 4 July 2012;
(b) Commission Implementing Regulation (EU) No 1247/2012 of the European Parliament and the Council of the European Union, dated 19 December 2012;
(c) Commission Delegated Regulation (EU) No 148/2013 of the European Commission, dated 19 December 2012.
(4) This subregulation applies if the information:
(a) relates to a European Union or European Economic Area underlying asset, index, rate or currency; and
(b) is not covered by subregulation (3).