Commonwealth Consolidated Regulations

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CORPORATIONS REGULATIONS 2001 - REG 7.5A.60

Definitions for Subdivision 2.1A

  (1)   In this Subdivision:

"Australian clearing entity" , in relation to a derivative transaction, has the meaning given by regulation   7.5A.61.

"Derivative Transaction Rules (Reporting)" means the ASIC Derivative Transaction Rules (Reporting) 2013 .

"foreign clearing entity" , in relation to a derivative transaction, has the meaning given by regulation   7.5A.62.

"representative capacity" : an entity is a party to a derivative transaction, or holds a position relating to a derivative transaction, in a representative capacity if the entity is such a party, or holds such a position, in a capacity as:

  (a)   the responsible entity of a registered scheme; or

  (b)   the operator of a notified foreign passport fund; or

  (c)   the responsible holding party for a notified foreign passport fund; or

  (d)   the trustee of a trust; or

  (e)   the corporate director of a CCIV.

"total gross notional outstanding positions" , in relation to an entity, means an amount worked out for the entity under derivative transaction rules, in accordance with subregulation   (2).

  (2)   For the purposes of this Subdivision, derivative transaction rules may:

  (a)   set out a method for working out the total gross notional outstanding positions held by an entity in a representative capacity, or otherwise; and

  (b)   provide for an entity that starts, or stops, meeting a threshold referred to in subparagraph   7.5A.61(1)(a)(ii), 7.5A.62(1)(a)(ii) or (b)(iv) to be taken to meet, or not to meet, the threshold for transitional purposes specified by the rules.


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