Federal Register of Legislation - Australian Government

Primary content

Regulations as made
This regulation amends the Superannuation Industry (Supervision) Regulations 1994, the Life Insurance Regulations 1995, and the Payment Systems and Netting Regulations 2001.
Administered by: Treasury
Made 05 May 2016
Registered 09 May 2016
Tabled HR 30 Aug 2016
Tabled Senate 30 Aug 2016
Date of repeal 02 Jun 2016
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003
Table of contents.

 

Financial System Legislation Amendment (Resilience and Collateral Protection) Regulation 2016

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation.

Dated 05 May 2016

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Kelly O’Dwyer

Assistant Treasurer

 

  

  


Contents

1............ Name............................................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Schedules...................................................................................................................... 1

Schedule 1—Facilitating access to derivatives for superannuation funds and life insurance companies                                                                                                                                                        2

Life Insurance Regulations 1995                                                                                                        2

Superannuation Industry (Supervision) Regulations 1994                                                           5

Schedule 2—Amendments relating to payment systems and netting                                9

Payment Systems and Netting Regulations 2001                                                                            9

Schedule 3—Approved bodies                                                                                                                11

Life Insurance Regulations 1995                                                                                                      11

Superannuation Industry (Supervision) Regulations 1994                                                         15

 


1  Name

                   This is the Financial System Legislation Amendment (Resilience and Collateral Protection) Regulation 2016.

2  Commencement

             (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The later of:

(a) the start of the day after this instrument is registered; and

(b) immediately after the commencement of the Financial System Legislation Amendment (Resilience and Collateral Protection) Act 2016.

However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur.

1 June 2016

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

                   This instrument is made under the following:

                     (a)  the Life Insurance Act 1995;

                     (b)  the Payment Systems and Netting Act 1998;

                     (c)  the Superannuation Industry (Supervision) Act 1993.

4  Schedules

                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Facilitating access to derivatives for superannuation funds and life insurance companies

  

Life Insurance Regulations 1995

1  Paragraphs 4.00A(1)(a) and (b)

Repeal the paragraphs, substitute:

                     (a)  the charge is given in relation to a derivative to which either of the following is a party:

                              (i)  the life company;

                             (ii)  another person (the agent) acting on behalf of, on the instructions of, on account of or for the benefit of the life company; and

                     (b)  the charge complies with subregulation (1A), (1B) or (1C); and

2  After subregulation 4.00A(1)

Insert:

          (1A)  A charge complies with this subregulation if it is given in order to comply with a requirement, in either of the following, that the performance of obligations in relation to the derivative be secured:

                     (a)  rules governing the operation of an approved body (as defined in subregulation (2));

                     (b)  a law of the Commonwealth, a State, a Territory or a foreign country (including a part of a foreign country) that applies to dealings in the derivative.

          (1B)  A charge complies with this subregulation if:

                     (a)  it is given in favour of the agent; and

                     (b)  the agent enters into an arrangement that is a derivative on behalf of, on the instructions of, on account of or for the benefit of the life company; and

                     (c)  the agent is obliged under either of the following to keep the property of the life company separate from the property of the agent:

                              (i)  rules governing the operation of an approved body (as defined in subregulation (2));

                             (ii)  a law of the Commonwealth, a State, a Territory or a foreign country (including a part of a foreign country) that applies to dealings in the derivative; and

                     (d)  the agent is under an obligation, or but for a netting‑off would be under an obligation, to transfer property to another entity in relation to the derivative; and

                     (e)  the charge is given over an asset or assets of the statutory fund, to secure the performance of an obligation or obligations in relation to the derivative.

          (1C)  A charge complies with this subregulation if:

                     (a)  the asset over which the charge is given is financial property; and

                     (b)  the obligations secured by the financial property are any of the following:

                              (i)  an obligation of the life company that relates to the derivative;

                             (ii)  an obligation of the life company to pay interest on an obligation covered by subparagraph (i);

                            (iii)  an obligation of the life company to pay costs and expenses incurred in connection with enforcing a charge given in respect of an obligation covered by subparagraph (i) or (ii); and

                     (c)  the financial property is transferred or otherwise dealt with so as to be in the possession or under the control of:

                              (i)  the secured person; or

                             (ii)  another person (who is not the life company), on behalf of the secured person, under the terms of an arrangement evidenced in writing.

          (1D)  For the purposes of paragraph (1C)(c), financial property is taken not to be in the possession or control of a person mentioned in that paragraph if, under the charge, the life company is free to deal with the financial property in the ordinary course of business until the person’s interest in the financial property becomes fixed and enforceable.

          (1E)  Without limiting paragraph (1C)(c), financial property is taken to be in the possession of a person for the purposes of that paragraph if:

                     (a)  in a case where there is an issuer of the financial property—the person is registered by, or on behalf of, the issuer as the registered owner of the financial property; or

                     (b)  in a case where the financial property is intermediated financial property—the person is the person in whose name the intermediary maintains the account.

           (1F)  Without limiting paragraph (1C)(c), financial property is taken to be under the control of a person for the purposes of that paragraph if:

                     (a)  the financial property is intermediated financial property; and

                     (b)  the intermediary is not the life company (but may be the secured person or any other person); and

                     (c)  there is an agreement in force between the intermediary and one or more other persons, one of which is the secured person or the life company; and

                     (d)  the agreement has one or more of the following effects:

                              (i)  the person in whose name the intermediary maintains the account is not able to transfer or otherwise deal with the financial property;

                             (ii)  the intermediary must not comply with instructions given by the life company in relation to the financial property without seeking the consent of the secured person (or a person who has agreed to act on the instructions of the secured person);

                            (iii)  the intermediary must comply, or must comply in one or more specified circumstances, with instructions (including instructions to debit the account) given by the secured person in relation to the intermediated financial property without seeking the consent of the life company (or any person who has agreed to act on the instructions of the life company).

          (1G)  Without limiting paragraph (1C)(c), the fact that the life company retains a right of one or more of the following kinds does not of itself stop that paragraph from being satisfied:

                     (a)  right to receive and withdraw income in relation to the financial property;

                     (b)  right to receive notices in relation to the financial property;

                     (c)  right to vote in relation to the financial property;

                     (d)  right to substitute other financial property that the parties agree is of equivalent value for the financial property;

                     (e)  right to withdraw excess financial property;

                      (f)  right to determine value of financial property.

3  Subregulation 4.00A(2) (definition of derivative)

Repeal the definition, substitute:

derivative means any of the following:

                     (a)  a derivative (within the meaning of Chapter 7 of the Corporations Act 2001);

                     (b)  a foreign exchange contract (within the meaning of that Chapter);

                     (c)  an arrangement that is a forward, swap or option, or any combination of those things, in relation to one or more commodities;

but does not include any arrangement that is of a kind mentioned in subregulation 6(2) of the Payment Systems and Netting Regulations 2001.

Note:          Subregulation 6(2) of the Payment Systems and Netting Regulations 2001 identifies obligations that are not eligible obligations in relation to a close‑out netting contract. The arrangements mentioned include credit facilities, reciprocal purchase agreements (otherwise known as repurchase agreements), sell‑buyback arrangements, securities loan arrangements, contracts of insurance and managed investment schemes.

4  Subregulation 4.00A(2) (definition of derivatives contract)

Repeal the definition.

5  Subregulation 4.00A(2)

Insert:

financial property has the same meaning as in the Payment Systems and Netting Act 1998.

intermediary has the same meaning as in paragraph (h) of the definition of financial property in section 5 of the Payment Systems and Netting Act 1998.

intermediated financial property has the same meaning as in the Payment Systems and Netting Act 1998.

6  After Part 13

Insert:

Part 14Transitional arrangements

Division 14.1Transitional arrangements arising out of the Financial System Legislation Amendment (Resilience and Collateral Protection) Regulation 2016

14.01  Arrangements

                   The amendments of these Regulations made by items 1 to 5 of Schedule 1 to the Financial System Legislation Amendment (Resilience and Collateral Protection) Regulation 2016 apply to charges given on and after the commencement of this regulation.

Superannuation Industry (Supervision) Regulations 1994

7  Paragraphs 13.15A(1)(a) and (b)

Repeal the paragraphs, substitute:

                     (a)  the charge is given in relation to a derivative to which either of the following is a party:

                              (i)  the trustee;

                             (ii)  another person (the agent) acting on behalf of, on the instructions of, on account of or for the benefit of the trustee; and

                     (b)  the charge complies with subregulation (1A), (1B) or (1C); and

8  After subregulation 13.15A(1)

Insert:

          (1A)  A charge complies with this subregulation if it is given in order to comply with a requirement, in either of the following, that the performance of obligations in relation to the derivative be secured:

                     (a)  rules governing the operation of an approved body (as defined in subregulation (2));

                     (b)  a law of the Commonwealth, a State, a Territory or a foreign country (including a part of a foreign country) that applies to dealings in the derivative.

          (1B)  A charge complies with this subregulation if:

                     (a)  it is given in favour of the agent; and

                     (b)  the agent enters into an arrangement that is a derivative on behalf of, on the instructions of, on account of or for the benefit of the trustee; and

                     (c)  the agent is obliged under either of the following to keep the property of the trustee separate from the property of the agent:

                              (i)  rules governing the operation of an approved body (as defined in subregulation (2));

                             (ii)  a law of the Commonwealth, a State, a Territory or a foreign country (including a part of a foreign country) that applies to dealings in the derivative; and

                     (d)  the agent is under an obligation, or but for a netting‑off would be under an obligation, to transfer property to another entity in relation to the derivative; and

                     (e)  the charge is given over an asset or assets of the fund, to secure the performance of an obligation or obligations in relation to the derivative.

          (1C)  A charge complies with this subregulation if:

                     (a)  the asset over which the charge is given is financial property; and

                     (b)  the obligations secured by the financial property are any of the following:

                              (i)  an obligation of the trustee that relates to the derivative;

                             (ii)  an obligation of the trustee to pay interest on an obligation covered by subparagraph (i);

                            (iii)  an obligation of the trustee to pay costs and expenses incurred in connection with enforcing a charge given in respect of an obligation covered by subparagraph (i) or (ii); and

                     (c)  the financial property is transferred or otherwise dealt with so as to be in the possession or under the control of:

                              (i)  the secured person; or

                             (ii)  another person (who is not the trustee), on behalf of the secured person, under the terms of an arrangement evidenced in writing.

          (1D)  For the purposes of paragraph (1C)(c), financial property is taken not to be in the possession or control of a person mentioned in that paragraph if, under the charge, the trustee is free to deal with the financial property in the ordinary course of business until the person’s interest in the financial property becomes fixed and enforceable.

          (1E)  Without limiting paragraph (1C)(c), financial property is taken to be in the possession of a person for the purposes of that paragraph if:

                     (a)  in a case where there is an issuer of the financial property—the person is registered by, or on behalf of, the issuer as the registered owner of the financial property; or

                     (b)  in a case where the financial property is intermediated financial property—the person is the person in whose name the intermediary maintains the account.

           (1F)  Without limiting paragraph (1C)(c), financial property is taken to be under the control of a person for the purposes of that paragraph if:

                     (a)  the financial property is intermediated financial property; and

                     (b)  the intermediary is not the trustee (but may be the secured person or any other person); and

                     (c)  there is an agreement in force between the intermediary and one or more other persons, one of which is the secured person or the trustee; and

                     (d)  the agreement has one or more of the following effects:

                              (i)  the person in whose name the intermediary maintains the account is not able to transfer or otherwise deal with the financial property;

                             (ii)  the intermediary must not comply with instructions given by the trustee in relation to the financial property without seeking the consent of the secured person (or a person who has agreed to act on the instructions of the secured person);

                            (iii)  the intermediary must comply, or must comply in one or more specified circumstances, with instructions (including instructions to debit the account) given by the secured person in relation to the intermediated financial property without seeking the consent of the trustee (or any person who has agreed to act on the instructions of the trustee).

          (1G)  Without limiting paragraph (1C)(c), the fact that the trustee retains a right of one or more of the following kinds does not of itself stop that paragraph from being satisfied:

                     (a)  right to receive and withdraw income in relation to the financial property;

                     (b)  right to receive notices in relation to the financial property;

                     (c)  right to vote in relation to the financial property;

                     (d)  right to substitute other financial property that the parties agree is of equivalent value for the financial property;

                     (e)  right to withdraw excess financial property;

                      (f)  right to determine value of financial property.

9  Subregulation 13.15A(2) (definition of derivative)

Repeal the definition, substitute:

derivative means any of the following:

                     (a)  a derivative (within the meaning of Chapter 7 of the Corporations Act 2001);

                     (b)  a foreign exchange contract (within the meaning of that Chapter);

                     (c)  an arrangement that is a forward, swap or option, or any combination of those things, in relation to one or more commodities;

but does not include any arrangement that is of a kind mentioned in subregulation 6(2) of the Payment Systems and Netting Regulations 2001.

Note:          Subregulation 6(2) of the Payment Systems and Netting Regulations 2001 identifies obligations that are not eligible obligations in relation to a close‑out netting contract. The arrangements mentioned include credit facilities, reciprocal purchase agreements (otherwise known as repurchase agreements), sell‑buyback arrangements, securities loan arrangements, contracts of insurance and managed investment schemes.

10  Subregulation 13.15A(2) (definition of derivatives contract)

Repeal the definition.

11  Subregulation 13.15A(2)

Insert:

financial property has the same meaning as in the Payment Systems and Netting Act 1998.

intermediary has the same meaning as in paragraph (h) of the definition of financial property in section 5 of the Payment Systems and Netting Act 1998.

intermediated financial property has the same meaning as in the Payment Systems and Netting Act 1998.

12  In the appropriate position in Part 14

Insert:

Division 14.11Transitional arrangements arising out of the Financial System Legislation Amendment (Resilience and Collateral Protection) Regulation 2016

14.12  Arrangements

                   The amendments of these Regulations made by items 7 to 11 of Schedule 1 to the Financial System Legislation Amendment (Resilience and Collateral Protection) Regulation 2016 apply to charges given on and after the commencement of this regulation.

Schedule 2Amendments relating to payment systems and netting

  

Payment Systems and Netting Regulations 2001

1  At the end of the Regulations

Add:

5  Financial property

             (1)  This regulation is made for paragraph (g) of the definition of financial property in section 5 of the Act.

             (2)  The following property is declared to be financial property for the purposes of the Act:

                     (a)  a document evidencing ownership of gold, silver or platinum;

                     (b)  cash collateral (including cash, certificates of deposit and bank bills);

                     (c)  property described in paragraph 5(b), (c) or (e), or paragraph 25, of Attachment H to Prudential Standard APS 112—Capital Adequacy: Standardised Approach to Credit Risk, made by APRA under section 11AF of the Banking Act 1959 and as in force from time to time, as property that may be recognised as eligible collateral (ignoring any conditions set out in the Attachment);

                     (d)  property described in paragraph 5(d) of Attachment H to that prudential standard, ignoring:

                              (i)  the words “and the ADI holding the security has no information suggesting that the security justifies a rating below this level”; and

                             (ii)  any conditions set out in the Attachment;

                     (e)  a covered bond (within the meaning of the Banking Act 1959).

6  Eligible obligations

Obligations that may be eligible obligations

             (1)  An obligation that relates to an arrangement that is a forward, swap or option, or any combination of those things, in relation to one or more commodities, is prescribed for the purposes of paragraph 14A(8)(a) of the Act.

Obligations that are not eligible obligations

             (2)  None of the following are eligible obligations in relation to a close‑out netting contract:

                     (a)  an obligation under a credit facility (as defined in regulations made for the purposes of subparagraph 765A(1)(h)(i) of the Corporations Act 2001), including:

                              (i)  a margin lending facility (within the meaning of Chapter 7 of the Corporations Act 2001); and

                             (ii)  an obligation under a financial product that is declared by the Australian Securities and Investments Commission under subsection 761EA(9) of the Corporations Act 2001 not to be a margin lending facility;

                     (b)  an obligation under a deposit‑taking facility;

                     (c)  an obligation under a reciprocal purchase agreement (otherwise known as a repurchase agreement), a sell‑buyback arrangement or securities loan arrangement;

                     (d)  an obligation under a contract of insurance, including a life policy or a sinking fund policy within the meaning of the Life Insurance Act 1995;

                     (e)  an obligation under a managed investment scheme (within the meaning of the Corporations Act 2001);

                      (f)  an obligation under a lease or licence;

                     (g)  an obligation under a guarantee;

                     (h)  an obligation to pay money under:

                              (i)  a cheque; or

                             (ii)  an order for the payment of money; or

                            (iii)  a bill of exchange.

Authority for subregulation (2)

             (3)  Subregulation (2) is made under subsection 14A(9) of the Act.

7  Obligations to which section 15A of the Act applies

                   For the purposes of paragraphs 15A(1)(a) and (2)(a) of the Act, an obligation of a party to a close‑out netting contract to which a regulated body is a party is prescribed, if the obligation is created under one of the following:

                     (a)  a reciprocal purchase agreement (otherwise known as a repurchase agreement);

                     (b)  a sell‑buyback arrangement;

                     (c)  a securities loan arrangement.

Schedule 3Approved bodies

  

Life Insurance Regulations 1995

1  Schedule 7

Repeal the Schedule, substitute:

Schedule 7Approved bodies

Note:       See the definition of approved body in subregulation 4.00A(2).

  

  

1  Approved bodies

                   Each body in the following table is an approved body for the purposes of regulation 4.00A.

 

Approved bodies

Item

Body

1

ASX24 (formerly known as Sydney Futures Exchange)

2

ASX Clear (Futures) Pty Limited

3

ASX Clear Pty Limited

4

ASX operated by ASX Limited

5

Athens Exchange Clearing House (Athex Clear)

6

Athens Exchange Derivatives Market

7

BATS BZX Options Exchange

8

BME Clearing

9

BM&FBOVESPA

10

Bombay Stock Exchange

11

Borsa Istanbul

12

Boston Options Exchange

13

Bourse de Montreal

14

Budapesti Értéktozsde (Budapest Stock Exchange)

15

Bursa Malaysia Derivatives (BMD)

16

Cantor Clearinghouse, L.P

17

Cassa di Compensazione e Garanzia S.p.A (CCG)

18

CBOE Futures Exchange

19

CCP Austria Abwicklungsstelle für Börsengeschäfte GmbH (CCP .A)

20

CDSclear operated by LCH.Clearnet Group Ltd

21

CEGH Gas Exchange of Vienna Stock Exchange

22

Central Depository (Pte) Limited

23

Chicago Board of Trade (CBOT)

24

Chicago Board Options Exchange (CBOE)

25

Chicago Climate Futures Exchange

26

China Financial Futures Exchange (CFFEX)

27

CME Clearing

28

CME Clearing Europe (CMECE)

29

Commodity Exchange (COMEX) operated by New York Mercantile Exchange, Inc.

30

Dalian Commodity Exchange

31

Dubai Gold & Commodities Exchange (DGCX)

32

Dubai Mercantile Exchange (DME)

33

Electronic Liquidity Exchange operated by ELX Futures LP

34

Enclear operated by LCH.Clearnet Group Ltd

35

EPEX SPOT SE

36

Eurex Clearing AG

37

Eurex Deutschland

38

Euronext Amsterdam Derivatives Regulated Market operated by Euronext Amsterdam NV

39

Euronext Amsterdam Securities Regulated Market operated by Euronext Amsterdam NV

40

Euronext Brussels Derivatives Regulated Market operated by Euronext Brussels SA/NV

41

Euronext Brussels Securities Regulated Market operated by Euronext Brussels SA/NV

42

Euronext Lisbon Derivatives Regulated Market operated by Euronext Lisbon – Sociedade Gestora de Mercados Regulamentados, S.A.

43

Euronext Lisbon Securities Regulated Market operated by Euronext Lisbon – Sociedade Gestora de Mercados Regulamentados, S.A.

44

Euronext London Securities Regulated Market operated by Euronext London Limited

45

Euronext Paris Derivatives Regulated Market by Euronext Paris S.A.

46

Euronext Paris Securities Regulated Market by Euronext Paris S.A.

47

Euronext Paris MATIF (Marché à Terme International de France) (XMAT)

48

Euronext Paris MONEP (Marche des Options Negociables de Paris) (XMON)

49

European Central Counterparty N.V (EuroCCP)

50

European Climate Exchange (ECX)

51

European Commodity Clearing AG

52

European Energy Exchange (EEX)

53

Forexclear operated by LCH.Clearnet Group Ltd

54

HKFE Clearing Corporation Limited

55

Hong Kong Exchange & Clearing Ltd

56

Hong Kong Futures Exchange Limited

57

Hong Kong Securities Clearing Company Limited (HKSCC)

58

Hungarian Power Exchange operated by HUPX Ltd

59

ICAP Securities and Derivatives Exchange (ISDX)

60

ICE Clear Credit LLC

61

ICE Clear Europe Limited

62

ICE Clear Netherlands B.V.

63

ICE Clear Singapore (ICECA)

64

ICE Clear US, Inc

65

ICE Endex Derivatives B.V.

66

ICE Futures Canada, Inc

67

ICE Futures Europe (IEPA)

68

ICE Futures U.S., Inc

69

International Securities Exchange

70

Italian Derivatives Market (IDEM)

71

Italian Stock Exchange operated by Borsa Italiana S.p.A

72

Jakarta Futures Exchange

73

Japan Securities Clearing Corporation (JSCC)

74

Johannesburg Stock Exchange (JSE)

75

KDPW_CCP S.A.

76

Keler CCP

77

KOSPI Market operated by the Korea Exchange

78

LME Clear Limited

79

Mercado Español de Futuros Financieros

80

Mexican Derivatives Exchange (MexDer)

81

Minneapolis Grain Exchange, Inc.

82

Montreal Climate Exchange (MCex)

83

NASDAQ Futures (NFX) operated by NASDAQ Futures, Inc.

84

NASDAQ OMX BX, Inc.

85

NASDAQ OMX Commodities operated by NASDAQ OMX Oslo ASA

86

NASDAQ OMX Copenhagen A/S

87

NASDAQ OMX Helsinki Ltd

88

NASDAQ OMX Iceland hf.

89

NASDAQ OMX NLX Ltd

90

NASDAQ OMX Nordic Derivatives Markets operated by NASDAQ OMX Stockholm AB

91

NASDAQ OMX PHLX LLC (the Philadelphia Stock Exchange)

92

NASDAQ OMX PSX operated by NASDAQ OMX PHLX LLC

93

NASDAQ OMX Riga, AS (XRIS)

94

NASDAQ OMX Stockholm AB (XSTO)

95

NASDAQ OMX Tallinn, AS (XTAL)

96

NASDAQ OMX Vilnius, AB (XLIT)

97

National Stock Exchange of India Ltd

98

New York Stock Exchange (NYSE) operated by the New York Stock Exchange LLC

99

Nodal Clear, LLC

100

Nodal Exchange, LLC

101

NYMEX Emissions operated by New York Mercantile Exchange, Inc.

102

NYMEX operated by New York Mercantile Exchange, Inc.

103

NYSE MKT operated by NYSE MKT LLC

104

NYSE Amex Option operated by NYSE MKT LLC

105

NYSE Arca Equities operated by NYSE Arca Equities, Inc.

106

NYSE Arca Options operated by NYSE Arca Equities, Inc.

107

OMIClear, C.C., S.A.

108

OneChicago LLC

109

Osaka Exchange, Inc. (OSE)

110

Oslo Bors operated by Oslo Børs ASA

111

OTC Clearing Hong Kong Limited (OTC Clear)

112

Power Exchange Central Europe, a.s. (PXE)

113

Powernext SA

114

Repoclear operated by LCH.Clearnet Group Ltd

115

SGX‑DT operated by the Singapore Exchange Derivatives Trading Limited

116

Shanghai Futures Exchange (SHFE)

117

Singapore Exchange Derivatives Clearing Limited (SGXDC)

118

Singapore Exchange Securities Trading Limited (SGX‑ST) operated by the Singapore Exchange (SGX)

119

SIX x‑clear Ltd

120

Swapclear operated by LCH.Clearnet Group Ltd

121

Taiwan Futures Exchange (TAIFEX)

122

Tel Aviv Stock Exchange Ltd

123

Thailand Futures Exchange (TFEX) operated by the Thailand Futures Exchange Public Company Limited

124

The Chicago Mercantile Exchange (CME)

125

The Commodity Derivatives Market operated by the Johannesburg Stock Exchange Limited (formerly SAFEX)

126

The Derivatives market operated by Moscow Exchange MICEX‑RTS

127

The Equity and Bond market operated by Moscow Exchange MICEX‑RTS

128

The Equity Derivatives Market operated by the Johannesburg Stock Exchange Limited (formerly SAFEX)

129

The London Metal Exchange

130

The London Stock Exchange Derivatives Market

131

The Main Board operated by the New Zealand Exchange Ltd

132

The Main Market operated by the London Stock Exchange

133

The Official Market and Second Regulated Market operated by Wiener Börse AG

134

The Options Clearing Corporation (OCC)

135

The SEHK Options Clearing House Limited (SEOCH)

136

The Stock Exchange of Hong Kong Limited

137

The stock exchange operated by NASDAQ OMX Armenia

138

Tokyo Commodity Exchange, Inc

139

Tokyo Financial Exchange, Inc (TFX)

140

Tokyo Stock Exchange, Inc. (TSE)

141

Toronto Stock Exchange operated by TSX Inc.

142

Turkish Derivatives Exchange

143

Warsaw Stock Exchange (GPW)

144

A body that performs clearing house functions, in relation to an approved body that does not itself perform those functions, in accordance with the rules of the approved body or a law of the country where the approved body is situated

Superannuation Industry (Supervision) Regulations 1994

2  Schedule 4

Repeal the Schedule, substitute:

Schedule 4Approved bodies

Note:       See the definition of approved body in subregulation 13.15A(2).

  

  

1  Approved bodies

                   Each body in the following table is an approved body for the purposes of regulation 13.15A.

 

Approved bodies

Item

Body

1

ASX24 (formerly known as Sydney Futures Exchange)

2

ASX Clear (Futures) Pty Limited

3

ASX Clear Pty Limited

4

ASX operated by ASX Limited

5

Athens Exchange Clearing House (Athex Clear)

6

Athens Exchange Derivatives Market

7

BATS BZX Options Exchange

8

BME Clearing

9

BM&FBOVESPA

10

Bombay Stock Exchange

11

Borsa Istanbul

12

Boston Options Exchange

13

Bourse de Montreal

14

Budapesti Értéktozsde (Budapest Stock Exchange)

15

Bursa Malaysia Derivatives (BMD)

16

Cantor Clearinghouse, L.P

17

Cassa di Compensazione e Garanzia S.p.A (CCG)

18

CBOE Futures Exchange

19

CCP Austria Abwicklungsstelle für Börsengeschäfte GmbH (CCP .A)

20

CDSclear operated by LCH.Clearnet Group Ltd

21

CEGH Gas Exchange of Vienna Stock Exchange

22

Central Depository (Pte) Limited

23

Chicago Board of Trade (CBOT)

24

Chicago Board Options Exchange (CBOE)

25

Chicago Climate Futures Exchange

26

China Financial Futures Exchange (CFFEX)

27

CME Clearing

28

CME Clearing Europe (CMECE)

29

Commodity Exchange (COMEX) operated by New York Mercantile Exchange, Inc.

30

Dalian Commodity Exchange

31

Dubai Gold & Commodities Exchange (DGCX)

32

Dubai Mercantile Exchange (DME)

33

Electronic Liquidity Exchange operated by ELX Futures LP

34

Enclear operated by LCH.Clearnet Group Ltd

35

EPEX SPOT SE

36

Eurex Clearing AG

37

Eurex Deutschland

38

Euronext Amsterdam Derivatives Regulated Market operated by Euronext Amsterdam NV

39

Euronext Amsterdam Securities Regulated Market operated by Euronext Amsterdam NV

40

Euronext Brussels Derivatives Regulated Market operated by Euronext Brussels SA/NV

41

Euronext Brussels Securities Regulated Market operated by Euronext Brussels SA/NV

42

Euronext Lisbon Derivatives Regulated Market operated by Euronext Lisbon – Sociedade Gestora de Mercados Regulamentados, S.A.

43

Euronext Lisbon Securities Regulated Market operated by Euronext Lisbon – Sociedade Gestora de Mercados Regulamentados, S.A.

44

Euronext London Securities Regulated Market operated by Euronext London Limited

45

Euronext Paris Derivatives Regulated Market by Euronext Paris S.A.

46

Euronext Paris Securities Regulated Market by Euronext Paris S.A.

47

Euronext Paris MATIF (Marché à Terme International de France) (XMAT)

48

Euronext Paris MONEP (Marche des Options Negociables de Paris) (XMON)

49

European Central Counterparty N.V (EuroCCP)

50

European Climate Exchange (ECX)

51

European Commodity Clearing AG

52

European Energy Exchange (EEX)

53

Forexclear operated by LCH.Clearnet Group Ltd

54

HKFE Clearing Corporation Limited

55

Hong Kong Exchange & Clearing Ltd

56

Hong Kong Futures Exchange Limited

57

Hong Kong Securities Clearing Company Limited (HKSCC)

58

Hungarian Power Exchange operated by HUPX Ltd

59

ICAP Securities and Derivatives Exchange (ISDX)

60

ICE Clear Credit LLC

61

ICE Clear Europe Limited

62

ICE Clear Netherlands B.V.

63

ICE Clear Singapore (ICECA)

64

ICE Clear US, Inc

65

ICE Endex Derivatives B.V.

66

ICE Futures Canada, Inc

67

ICE Futures Europe (IEPA)

68

ICE Futures U.S., Inc

69

International Securities Exchange

70

Italian Derivatives Market (IDEM)

71

Italian Stock Exchange operated by Borsa Italiana S.p.A

72

Jakarta Futures Exchange

73

Japan Securities Clearing Corporation (JSCC)

74

Johannesburg Stock Exchange (JSE)

75

KDPW_CCP S.A.

76

Keler CCP

77

KOSPI Market operated by the Korea Exchange

78

LME Clear Limited

79

Mercado Español de Futuros Financieros

80

Mexican Derivatives Exchange (MexDer)

81

Minneapolis Grain Exchange, Inc.

82

Montreal Climate Exchange (MCex)

83

NASDAQ Futures (NFX) operated by NASDAQ Futures, Inc.

84

NASDAQ OMX BX, Inc.

85

NASDAQ OMX Commodities operated by NASDAQ OMX Oslo ASA

86

NASDAQ OMX Copenhagen A/S

87

NASDAQ OMX Helsinki Ltd

88

NASDAQ OMX Iceland hf.

89

NASDAQ OMX NLX Ltd

90

NASDAQ OMX Nordic Derivatives Markets operated by NASDAQ OMX Stockholm AB

91

NASDAQ OMX PHLX LLC (the Philadelphia Stock Exchange)

92

NASDAQ OMX PSX operated by NASDAQ OMX PHLX LLC

93

NASDAQ OMX Riga, AS (XRIS)

94

NASDAQ OMX Stockholm AB (XSTO)

95

NASDAQ OMX Tallinn, AS (XTAL)

96

NASDAQ OMX Vilnius, AB (XLIT)

97

National Stock Exchange of India Ltd

98

New York Stock Exchange (NYSE) operated by the New York Stock Exchange LLC

99

Nodal Clear, LLC

100

Nodal Exchange, LLC

101

NYMEX Emissions operated by New York Mercantile Exchange, Inc.

102

NYMEX operated by New York Mercantile Exchange, Inc.

103

NYSE MKT operated by NYSE MKT LLC

104

NYSE Amex Option operated by NYSE MKT LLC

105

NYSE Arca Equities operated by NYSE Arca Equities, Inc.

106

NYSE Arca Options operated by NYSE Arca Equities, Inc.

107

OMIClear, C.C., S.A.

108

OneChicago LLC

109

Osaka Exchange, Inc. (OSE)

110

Oslo Bors operated by Oslo Børs ASA

111

OTC Clearing Hong Kong Limited (OTC Clear)

112

Power Exchange Central Europe, a.s. (PXE)

113

Powernext SA

114

Repoclear operated by LCH.Clearnet Group Ltd

115

SGX‑DT operated by the Singapore Exchange Derivatives Trading Limited

116

Shanghai Futures Exchange (SHFE)

117

Singapore Exchange Derivatives Clearing Limited (SGXDC)

118

Singapore Exchange Securities Trading Limited (SGX‑ST) operated by the Singapore Exchange (SGX)

119

SIX x‑clear Ltd

120

Swapclear operated by LCH.Clearnet Group Ltd

121

Taiwan Futures Exchange (TAIFEX)

122

Tel Aviv Stock Exchange Ltd

123

Thailand Futures Exchange (TFEX) operated by the Thailand Futures Exchange Public Company Limited

124

The Chicago Mercantile Exchange (CME)

125

The Commodity Derivatives Market operated by the Johannesburg Stock Exchange Limited (formerly SAFEX)

126

The Derivatives market operated by Moscow Exchange MICEX‑RTS

127

The Equity and Bond market operated by Moscow Exchange MICEX‑RTS

128

The Equity Derivatives Market operated by the Johannesburg Stock Exchange Limited (formerly SAFEX)

129

The London Metal Exchange

130

The London Stock Exchange Derivatives Market

131

The Main Board operated by the New Zealand Exchange Ltd

132

The Main Market operated by the London Stock Exchange

133

The Official Market and Second Regulated Market operated by Wiener Börse AG

134

The Options Clearing Corporation (OCC)

135

The SEHK Options Clearing House Limited (SEOCH)

136

The Stock Exchange of Hong Kong Limited

137

The stock exchange operated by NASDAQ OMX Armenia

138

Tokyo Commodity Exchange, Inc

139

Tokyo Financial Exchange, Inc (TFX)

140

Tokyo Stock Exchange, Inc. (TSE)

141

Toronto Stock Exchange operated by TSX Inc.

142

Turkish Derivatives Exchange

143

Warsaw Stock Exchange (GPW)

144

A body that performs clearing house functions, in relation to an approved body that does not itself perform those functions, in accordance with the rules of the approved body or a law of the country where the approved body is situated