Federal Register of Legislation - Australian Government

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Class Rule Waiver [CW 14-1091]

Authoritative Version
CW 14-1091 Rules/Other as amended, taking into account amendments up to ASIC Class Rule Waiver [CW 16-0359]
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 14 Oct 2016
Start Date 30 Apr 2016
End Date 29 Jun 2017
Date of repeal 07 May 2018
Repealed by Repeal of the enabling legislation by ASIC Market Integrity Rules (Securities Markets) 2017

ASIC Class Rule Waiver [CW 14-1091]

About this compilation


Compilation No. 1


This is a compilation of ASIC Class Rule Waiver [CW 14-1091] as in force on 30 April 2016. It includes any commenced amendment affecting the legislative instrument to that date.


This compilation was prepared by the Australian Securities and Investments Commission.


The notes at the end of this compilation (the endnotes) include information

about amending instruments and the amendment history of each amended provision.


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).


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

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.


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 June 2017.


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.


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




Notes to ASIC Class Rule Waiver [CW 14-1091]

Note 1

ASIC Class Rule Waiver [CW 14-1091] (in force under Rule 1.2.1 of the ASIC Market Integrity Rules (ASX Market) 2010) as shown in this compilation comprises that Class Rule Waiver amended as indicated in the tables below.

Table of Instruments

Instrument number

Date of FRL registration

Date of commencement

Application, saving or transitional provisions

[CW 14-1091]

28/10/2014 (see F2014L01425)



[CW 16-0359]

29/4/2016 (see F2016L00599)







Table of Amendments

ad. = added or inserted     am. = amended     LA = Legislation Act 2003    rep. = repealed     rs. = repealed and substituted

Provision affected

How affected

Para 3..........................

rep. s48D LA

Para 6..........................

am. [CW 16-0359]