I, Anthony Graham, delegate of the Australian Securities and Investments Commission, make the following legislative instrument.

Date 1 May 2018

Contents

Part 1—Preliminary  3

1    Name of legislative instrument 3

2    Commencement 3

3    Authority. 3

4    Interpretation. 3

Part 2—Determination  4

5    Accredited Futures Advisers—Approved educational modules and subjects. 4

6    Level One Accredited Derivatives Advisers—Approved examinations, educational modules and subjects  4

7    Level Two Accredited Derivatives Advisers—Approved examinations. 4

Part 1—Preliminary

1        Name of legislative instrument

This is the ASIC Market Integrity Rules (Securities Markets) Determination 2018/317.

2        Commencement

This instrument commences on the day after it is registered on the Federal Register of Legislation.

Note:    The register may be accessed at www.legislation.gov.au.

3        Authority

This instrument is made under subrules 2.4.6(4), 2.4.7(4) and 2.4.8(4) of the ASIC Market Integrity Rules (Securities Markets) 2017 (Rules). 

4        Interpretation

          In this instrument, unless the contrary intention appears, capitalised terms have the same meaning as in the Rules.

Part 2—Determination

5        Accredited Futures Advisers—Approved educational modules and subjects

          The Futures Markets module of the AFMA Financial Markets Accreditation Program offered by the Australian Financial Markets Association is an educational module and subject approved by ASIC for the purposes of subparagraph 2.4.6(1)(b)(ii) of the Rules.

6        Level One Accredited Derivatives Advisers—Approved examinations, educational modules and subjects

(1)     The ASX Level One Accreditation Examination administered by Kaplan Education Pty Ltd (offered before 1 August 2010) is an examination approved by ASIC for the purposes of subparagraph 2.4.7(1)(b)(i) of the Rules.

(2)     The Accredited Derivatives Adviser Level 1 (ADA1) course offered by Kaplan Education Pty Ltd (offered after 1 August 2010) is an educational module and subject approved by ASIC for the purposes of subparagraph 2.4.7(1)(b)(ii) of the Rules.

7        Level Two Accredited Derivatives Advisers—Approved examinations

(1)     For the purposes of paragraph 2.4.8(1)(b) of the Rules, the ASX Level One Accreditation Examination administered by Kaplan Education Pty Ltd (offered before 1 August 2010) is an examination approved by ASIC as an Accreditation Examination for Level One Accredited Derivatives Advisers that is relevant to financial product advice of the kind covered by Rules 2.4.2 and 2.4.3 of the Rules.

(2)     For the purposes of paragraph 2.4.8(1)(b) of the Rules, the ASX Level Two Accreditation Examination administered by Kaplan Education Pty Ltd (offered before 1 August 2010) is an examination approved by ASIC as an Accreditation Examination for Level Two Accredited Derivatives Advisers that is relevant to financial product advice of the kind covered by Rule 2.4.4 of the Rules.

Note:    Unless a person is applying for, or has been granted an exemption under subrule 2.4.11(1) of the Rules, ASIC may not accredit the person as a Level Two Accredited Derivatives Adviser unless the person has obtained a score of 80% or more for each of the Accreditation Examinations for Level One Accredited Derivatives Advisers and Level Two Accredited Derivatives Advisers approved by ASIC in accordance with subrule 2.4.8(4) of the Rules: paragraph 2.4.8(1)(b) of the Rules.