ASIC Market Integrity Rules (Futures Markets) Class Waiver 2025/513
I, Andrew James Templer, delegate of the Australian Securities and Investments Commission, make the following legislative instrument.
Andrew James Templer
ASIC Market Integrity Rules (Futures Markets) Class Waiver 2025/513
I, Andrew James Templer, delegate of the Australian Securities and Investments Commission, make the following legislative instrument.
Andrew James Templer
Contents
1 Name of legislative instrument....................................3
2 Commencement...............................................3
3 Authority....................................................3
4 Definitions...................................................3
Part 2—Waiver 6
5 Market operators..............................................6
6 Market Participants............................................6
Part 3—Repeal 6
7 Repeal of this instrument........................................6
This is the ASIC Market Integrity Rules (Futures Markets) Class Waiver 2025/513.
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 (Futures 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 a Market operator—has the meaning given by Rule 8A.5.1 of the Rules; and
(b) in relation to a Market 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 a Market operator—has the meaning given by Rule 8A.1.2 of the Rules; and
(b) in relation to a Market 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.
Market operator has the same meaning as in Rule 8A.1.1 of the Rules.
Market 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).
Market Participant has the same meaning as in Rule 8B.1.1 of the Rules.
Market 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).
Outsourcing Arrangement:
(a) in relation to a Market operator—has the meaning given by Rule 8A.1.2 of the Rules; and
(b) in relation to a Market 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 a Market operator or a Market Participant only because the Service Provider provides one or both of the following services:
(a) Communications Services;
(b) Energy Services.
Rules means the ASIC Market Integrity Rules (Futures Markets) 2017.
Service Provider:
(a) in relation to a Market operator—has the meaning given by Rule 8A.1.2 of the Rules; and
(b) in relation to a Market Participant—has the meaning given by Rule 8B.1.2 of the Rules.
A Market operator does not have to comply with the Market operator Waived Rules in relation to a Partially Exempt Outsourcing Arrangement.
Note: A Market 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 Market 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 Market Participant does not have to comply with the Market Participant Waived Rules in relation to a Partially Exempt Outsourcing Arrangement.
Note: A Market 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 Market 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.