Federal Register of Legislation - Australian Government

Primary content

Class Rule Waiver [CW 14-1091]

Authoritative Version
CW 14-1091 Rules/Other as made
This instrument amends Rule 3.4.3 to provide an alternative reporting regime to Rule 3.4.1, provided certain conditions are met, including that the clients are not Retail Clients.
Administered by: Treasury
Registered 28 Oct 2014
Tabling HistoryDate
Tabled HR14-Nov-2014
Tabled Senate17-Nov-2014
Date of repeal 07 May 2018
Repealed by Repeal of the enabling legislation by ASIC Market Integrity Rules (Securities Markets) 2017

Australian Securities and Investment Commission

ASIC Market Integrity Rules (ASX Market) 2010 – Rule 3.4.1

Class Rule Waiver

Enabling Provision

1.    The Australian Securities and Investments Commission (ASIC) makes this instrument under Rule 1.2.1 of the ASIC Market Integrity Rules (ASX Market) 2010 (ASX Rules).

Title

2.    This instrument is ASIC Class Rule Waiver [CW 14-1091].

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/.

When this waiver applies

4.  The relief in paragraph 5 of this instrument applies when:

(a)   the client is not a Retail Client; and

(b)   the Market Transaction is in respect of a Product which is a Derivatives Market Contract.

Waiver

5.  ASIC relieves a Market Participant from the obligation to comply with Rule 3.4.1, subject to the conditions in paragraph 7 and 8 of this instrument.

Period during which this waiver applies

 

6.      The relief in paragraphs 5 of this instrument applies from the date this instrument commences under paragraph 3 until 30 April 2016.

Conditions

7.   The Market Participant has notified the client before entering a Trading Message on the client’s behalf that Market Transactions effected for the client are subject to:

(i) the directions, decisions and requirements of the Market Operator, the ASX Rules, the Market Operating Rules, the Clearing Rules and where relevant, the Settlement Rules;

(ii) the customs and usages of the Market; and

(iii) the correction of errors and omissions; and

8.  A Market Participant must keep a record of the notification referred to in condition 7 of this instrument.

Interpretation

9.  In this instrument, unless the contrary intention appears, capitalised terms have the meaning given by the ASX Rules

 

Dated this 27th day of October 2014

 

 

Signed by Greg Yanco

As a delegate of the Australian Securities and Investments Commission