ASIC Market Integrity Rules (Securities Markets) Class Waiver 2025/512
I, Andrew James Templer, delegate of the Australian Securities and Investments Commission, make the following legislative instrument.
Date 14 August 2025
Andrew James Templer
ASIC Market Integrity Rules (Securities Markets) Class Waiver 2025/512
I, Andrew James Templer, delegate of the Australian Securities and Investments Commission, make the following legislative instrument.
Date 14 August 2025
Andrew James Templer
Contents
1 Name of legislative instrument....................................3
2 Commencement...............................................3
3 Authority....................................................3
4 Definitions...................................................3
Part 2—Waiver 6
5 Operators....................................................6
6 Participants...................................................6
Part 3—Repeal 6
7 Repeal of this instrument........................................6
This is the ASIC Market Integrity Rules (Securities Markets) Class Waiver 2025/512.
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.
This instrument is made under subrule 1.2.1(1) of the ASIC Market Integrity Rules (Securities Markets) 2017.
(1) In this instrument, unless the contrary intention appears, capitalised terms have the same meaning as in the Rules.
(2) In this instrument:
Business Continuity Plans:
(a) in relation to an Operator—has the meaning given by Rule 8A.5.1 of the Rules; and
(b) in relation to a Participant—has the meaning given by Rule 8B.4.1 of the Rules.
Carriage Service means a service for carrying communications by means of guided and/or unguided electromagnetic energy.
Communications Service means a service that involves:
(a) supplying a Carriage Service; or
(b) owning or operating assets that are used in connection with the supply of a Carriage Service.
Critical Business Services:
(a) in relation to an Operator—has the meaning given by Rule 8A.1.2 of the Rules; and
(b) in relation to a Participant—has the meaning given by Rule 8B.1.2 of the Rules.
Energy Service means a service that involves:
(a) the production, transmission, distribution or supply of electricity; or
(b) the production, processing, transmission, distribution or supply of gas; or
(c) the production, processing, transmission, distribution or supply of liquid fuel.
Operator has the meaning given by Rule 8A.1.2 of the Rules.
Operator Waived Rules means following provisions of Chapter 8A of the Rules:
(a) subparagraph 8A.3.3(1)(b)(ii);
(b) subparagraph 8A.3.3(1)(b)(iv);
(c) paragraph 8A.3.3(1)(c);
(d) paragraph 8A.3.3(1)(d);
(e) paragraph 8A.3.3(1)(f);
(f) paragraph 8A.3.3(1)(g);
(g) paragraph 8A.3.3(1)(h);
(h) subrule 8A.3.3(3) to the extent it applies in relation to paragraph 8A.3.3(1)(a).
Outsourcing Arrangement:
(a) in relation to an Operator—has the meaning given by Rule 8A.1.2 of the Rules; and
(b) in relation to a Participant—has the meaning given by Rule 8B.1.2 of the Rules.
Partially Exempt Outsourcing Arrangement means an arrangement that is an Outsourcing Arrangement in relation to an Operator or a Participant only because the Service Provider provides one or both of the following services:
(a) Communications Service;
(b) Energy Service.
Participant has the meaning given by Rule 8B.1.2 of the Rules.
Participant Waived Rules means the following provisions of Chapter 8B of the Rules:
(a) subparagraph 8B.2.3(1)(b)(ii);
(b) subparagraph 8B.2.3(1)(b)(iv);
(c) paragraph 8B.2.3(1)(c);
(d) paragraph 8B.2.3(1)(d);
(e) paragraph 8B.2.3(1)(f);
(f) paragraph 8B.2.3(1)(g);
(g) paragraph 8B.2.3(1)(h);
(h) subrule 8B.2.3(3) to the extent it applies in relation to paragraph 8B.2.3(1)(a).
Rules means the ASIC Market Integrity Rules (Securities Markets) 2017.
Service Provider:
(a) in relation to an Operator—has the meaning given by Rule 8A.1.2 of the Rules; and
(b) in relation to a Participant—has the meaning given by Rule 8B.1.2 of the Rules.
An Operator does not have to comply with the Operator Waived Rules in relation to a Partially Exempt Outsourcing Arrangement.
Note: An Operator must still comply with the other provisions of Chapter 8A of the Rules in relation to the Partially Exempt Outsourcing Arrangement. For example, the Operator must have adequate arrangements to ensure compliance with the Act and the Rules in a manner that is appropriate for the Outsourcing Arrangement: paragraph 8A.3.3(1)(e) and subrule 8A.3.3(2) of the Rules.
A Participant does not have to comply with the Participant Waived Rules in relation to a Partially Exempt Outsourcing Arrangement.
Note: A Participant must still comply with the other provisions of Chapter 8B of the Rules in relation to the Partially Exempt Outsourcing Arrangement. For example, the Participant must have adequate arrangements to ensure compliance with the Act and the Rules in a manner that is appropriate for the Outsourcing Arrangement: paragraph 8B.2.3(1)(e) and subrule 8B.2.3(2) of the Rules.
This instrument is repealed at the start of 30 July 2030.