Commonwealth Consolidated Regulations

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CORPORATIONS REGULATIONS 2001 - REG 7.5A.30

Reporting requirements--prescribed facilities

  (1)   This regulation is made for paragraph   901A(6)(b) of the Act.

  (2)   Each facility in the following list is prescribed in relation to a class of derivatives if the facility is licensed, authorised or registered to operate as a derivative trade repository for that class of derivatives under a law of a foreign jurisdiction:

  (a)   DTCC Data Repository (U.S.) LLC;

  (b)   DTCC Derivatives Repository Ltd.;

  (c)   DTCC Data Repository (Japan) KK;

  (d)   DTCC Data Repository (Singapore) Pte Ltd;

  (e)   Chicago Mercantile Exchange Inc.;

  (f)   INFX SDR, Inc.;

  (g)   ICE Trade Vault, LLC;

  (h)   the Monetary Authority appointed under section   5A of the Exchange Fund Ordinance of Hong Kong;

  (i)   UnaVista Limited;

  (j)   a facility determined by ASIC for the purposes of this paragraph.

  (2A)   ASIC must not determine a facility under paragraph   (2)(j), unless ASIC is satisfied that:

  (a)   either:

  (i)   the facility has adopted rules, procedures or processes that substantially implement the CPSS - IOSCO Principles applicable to the regulation of derivative trade repositories; or

  (ii)   the foreign jurisdiction concerned has adopted legislation, policies, standards or practices that substantially implement the CPSS - IOSCO Principles applicable to the regulation of derivative trade repositories; and

  (b)   adequate arrangements exist for cooperation between ASIC and an appropriate authority responsible for licensing, authorising or registering the facility as a derivative trade repository in the foreign jurisdiction.

  (2B)   A determination made under paragraph   (2)(j):

  (a)   must be published by ASIC in the Gazette; and

  (b)   is not a legislative instrument.

  (3)   Paragraphs   (2)(a) to (i) cease to have effect at the end of 30   June 2015.

  (4)   In this regulation:

"CPSS-IOSCO Principles" means the principles for financial market infrastructures:

  (a)   issued in April 2012 by the Committee on Payment and Settlement Systems (the CPSS ) and the International Organization of Securities Commissions (the IOSCO ); and

  (b)   as supplemented, superseded or modified from time to time by principles, recommendations or standards issued by the CPSS or IOSCO (or a successor of the CPSS or IOSCO).


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