Federal Register of Legislation - Australian Government

Primary content

ASIC Instrument [14/0911]

Authoritative Version
Exemptions as made
This instrument provides a class order exemption to the officers of DTCC Data Repository (Singapore) Pte Ltd from Rule 2.1.1 of the ASIC Derivative Trade Repository Rules 2013.
Administered by: Treasury
Registered 18 Sep 2014
Tabling HistoryDate
Tabled HR22-Sep-2014
Tabled Senate22-Sep-2014

Australian Securities and Investments Commission

Corporations Act—Paragraph 907D(2)(a)— Class Exemption

 

 

Enabling legislation

 

1.             The Australian Securities and Investments Commission (ASIC) makes this instrument under paragraph 907D(2)(a) of the Corporations Act 2001 (Act).

 

 

Title                                

 

2.             This instrument is ASIC Instrument [14/0911].

 

 

Commencement

 

3.             This instrument commences on the date it is registered under the Legislative Instruments Act 2003.

Note:  An instrument is registered when it is recorded on the Federal Register of Legislative Instruments (FRLI) in electronic form: see Legislative Instruments Act 2003, section 4 (definition of register). The FRLI may be accessed at http://www.frli.gov.au/.

 

 

Exemption (Liability of Officers)

 

4.             An Officer of DTCC Data Repository (Singapore) Pte Ltd (ARBN 601 601 021) (DDRS) does not have to comply with Rule 2.1.1 of the DTRRs to the extent that:

(a)           Rule 2.1.1 requires the Officer to take all reasonable steps to ensure that DDRS complies with its obligations under a provision (Relevant Rule) of the DTRRs; and

(b)          ASIC has granted DDRS an exemption under paragraph 907D(2)(a) of the Act from the requirement to comply with the Relevant Rule.

 

5.             The exemption in paragraph 4 of this instrument in relation to a Relevant Rule applies for so long as the Officer of DDRS takes all reasonable steps to ensure that DDRS complies with the conditions (if any) of its exemption from the Relevant Rule.

 

6.             It is a condition of the exemption in paragraph 4 of this instrument that the Officer of DDRS must take all reasonable steps to ensure that DDRS complies with the conditions of the Australian derivative trade repository licence granted to DDRS under section 905C of the Act.

 

 

Interpretation

 

7.             In this instrument:

DTRRs means the ASIC Derivative Trade Repository Rules 2013 as in force from time to time.

Officer means an officer within the meaning of section 9 of the Act.

 

 

 

Dated this 15th day of September 2014

 

 

 

Signed by Oliver Harvey

as a delegate of the Australian Securities and Investments Commission