About this compilation

Compilation No. 2

This is a compilation of ASIC Market Integrity Rules (Securities Markets) Class Waiver 2018/303 as in force on 25 January 2022. 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.

Contents

Part 1—Preliminary  3

1    Name of legislative instrument 3

3    Authority. 3

4    Interpretation. 3

Part 2—Waiver  4

5    Waiver from requirements of Rule 3.4.1. 4

6    Conditions. 4

7    Period during which the relief applies. 4

Endnotes  5

Endnote 1—Instrument history. 5

Endnote 2—Amendment history. 5

Part 1—Preliminary

1        Name of legislative instrument

This is the ASIC Market Integrity Rules (Securities Markets) Class Waiver 2018/303.

3        Authority

This instrument is made under subrule 1.2.1(1) and Rule 1.2.3 of the ASIC Market Integrity Rules (Securities Markets) 2017 (Rules). 

4        Interpretation

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

(2)     In this instrument a reference to time is to the time in Sydney, Australia.

Part 2—Waiver

5        Waiver from requirements of Rule 3.4.1

A Market Participant does not have to comply with Rule 3.4.1 of the Rules in respect of a Client and a Market transaction if.

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

(b)     the Market transaction is in respect of a financial product which is a Derivatives Market Contract; and

(c)     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 ASIC Market Integrity Rules (Securities Markets) 2017, the operating rules of the Market, the Clearing Rules and where relevant, the Settlement Rules; and

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

(iii)    the correction of errors and omissions.

6        Conditions

A Market Participant must keep a record of the notification referred to in paragraph 5(c).

Note:    The conditions imposed on a waiver must be complied with in order for the waiver to be effective: subrule 1.2.1(2) of the Rules.

7        Period during which the relief applies

The relief in section 5 applies until the end of 30 November 2023.

Endnotes

Endnote 1—Instrument history

Endnote 2—Amendment history

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 = repealed     rs. = repealed and substituted