Exemption relief for reporting entities

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Legislative instruments – in-force

DateLegislative instrumentsDetails

1 April 2020

ASIC Corporations (Derivative Transaction Reporting Exemption) Instrument 2015/844

Compilation No. 11

Exemptive relief for:

  • Exchange-traded derivatives until 30 Sep 2022
  • Entity Information
  • Reference Entity Information
  • Joint Counterparties
  • Name Information until 30 Sep 2022
  • Trade identifiers until 30 Sep 2022
  • FX Securities Conversion Transactions until 30 Sep 2022.
12 August 2016 ASIC Corporations (Derivative Transaction Reporting Exemption) Instrument 2016/0688 Exemptive relief for OTC participants of ASX Clear (Futures) where an OTC participant submits a transaction for clearing on behalf of an affiliate or client of the OTC participant, and the transaction is accepted for clearing by ASX Clear (Futures).
2 February 2015 ASIC Derivative Transaction Rules (Nexus Derivatives) Class Exemption 2015 and the explanatory statement Exemptive relief allowing foreign reporting entities to apply an alternative test for reportable transactions and reportable positions 'entered into by the reporting entity in this jurisdiction'.

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Legislative instruments – as-made

DateLegislative instrumentsDetails
1 October 2020 ASIC Corporations (Amendment) Instrument 2020/827 Amends ASIC Corporations (Derivative Transaction Reporting Exemption) Instrument 2015/844 to extend relief for Exchange-traded derivatives, Name Information and FX Securities Conversion Transactions until 30 Sep 2022.
27 March 2020 ASIC Corporations (Amendment) Instrument 2020/242 Amendment to the ASIC Corporations (Derivative Transactions Reporting Exemption) Instrument 2015/844 to extend both conditional trade identifier relief and relief to Reporting Entities that are New Zealand registered banks from the requirement to report entity information in certain circumstances until 30 September 2022.
1 October 2019 ASIC Corporations
(Amendment) Instrument 2019/958
Amendment to the ASIC Corporations (Derivative Transactions Reporting Exemption) Instrument 2015/844 to provide conditional extensions to entity information.
11 March 2019 ASIC Corporations (Amendment) Instrument 2019/169 Amendment to the ASIC Corporations (Derivative Transactions Reporting Exemption) Instrument 2015/844 to modify relief for exchange traded derivatives, modify and extend relief for name information (including for certain privacy restrictions) and provide conditional extensions to entity information.
19 September 2018 ASIC Corporations (Amendment) Instrument 2018/810 Amendment to the ASIC Corporations (Derivative Transactions Reporting Exemption) Instrument 2015/844 to extend relief for exchange traded derivatives, entity and name information (including for certain privacy restrictions) and FX Securities Conversion Transactions.
23 March 2018 ASIC Corporations (Amendment) Instrument 2018/172 The granting of the Class Exemption follows consideration of the Technical Guidance on UTIs by the boards of CPMI and IOSCO (published in February 2017) and the FSB report on Governance arrangements for the unique transaction identifier (published December 2017). ASIC considers the additional 24 months of relief afforded by the Class Exemption to be sufficient time for the resolution for key implementation considerations, including finalisation of governance matters and necessary changes to IT and other processes. Accordingly ASIC expects full implementation of the requirements to report trade identifier that is a 'universal transaction identifier' or a 'single transaction identifier' from 1 April 2020.
27 September 2017 ASIC
Corporations (Amendment) Instrument 2017/861
Amendment to the ASIC Corporations (Derivative Transaction Reporting Exemption) Instrument 2015/844 to extend the trade identifier reporting relief until 31 March 2018.
5 September 2017 ASIC
Corporations (Amendment) Instrument 2017/0723
Amendment to the ASIC Corporations (Derivative Transaction Reporting Exemption) Instrument 2015/844 to add Eurex Zurich to the list of Relevant Financial Markets for the purposes of the exemption in subsection 5(1).
24 January 2017 ASIC Corporations (Amendment) Instrument 2017/0036 Amendment to the ASIC Corporations (Derivative Transaction Reporting Exemption) Instrument 2015/844 to extend the trade identifier reporting relief until 30 September 2017.
27 September 2016 ASIC Corporations (Amendment) Instrument 2016/913 Amendment to the ASIC Corporations (Derivative Transaction Reporting Exemption) Instrument 2015/844 to extend name information relief and foreign exchange security conversion transaction relief until 30 September 2018 and relief for foreign privacy restrictions until 31 December 2018.
29 January 2016 ASIC Corporations (Amendment and Repeal) Instrument 2016/0043 Amendment to the ASIC Corporations (Derivative Transaction Reporting Exemption) Instrument 2015/844 to extend the trade identifier reporting relief until 31 January 2017 and to repeal the ASIC Corporations (Amendment) Instrument 2016/0030.
9 October 2015 ASIC Corporations (Derivative Transaction Reporting) Amendment Instrument 2015/0925 Amendment to Class Order CO [14/0633] Transitional exemptive relief for Phase 3 Reporting Entities from elements of the ASIC Derivative Transaction Rules (Reporting) 2013 to delay the commencement of Phase 3B of the OTC derivative transaction reporting obligations. This does not prevent entities that are ready from commencing reporting at an earlier date.
30 September 2015

ASIC Corporations (Derivative Transaction Reporting Exemption) Instrument 2015/844

Explanatory statement

Transitional exemptive relief for Phase 1,2 and 3 reporting entities from elements of the ASIC Derivative Transaction Rules (Reporting) 2013.
2 July 2014 Instrument 14/0633 and the explanatory statement Transitional exemptive relief for Phase 3 reporting entities, which provides for a staggered and delayed start to Phase 3 of the OTC derivative transaction reporting obligations under the ASIC Derivative Transaction Rules (Reporting) 2013.
Read a summary of the class exemption (PDF 228 KB)
1 April 2014 Instrument 14/0234 Transitional exemptive relief for Phase 2 reporting entities.
Read a summary of the class exemption (PDF 212 KB)

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Individual exemptions

DateIndividual exemption Details
27 June 2019 Instrument 19/06(refer: ASIC Gazette (A28/19)) Exemptive relief for reporting entity Commonwealth Securities Limited, from 1 July 2019 to 1 September 2019, from the requirement to report on a lifecycle basis, OTC Derivatives that are Commsec CFDs and that were entered into on or before 25 July 2019.
10 April 2015  Instrument 15/0312 (refer: ASIC Gazette (A17/15)) Transitional exemptive relief for Phase 2 reporting entity BNP Paribas, until 24 May 2015 (inclusive), from transaction reporting of derivatives booked to the profit or loss account of BNP Paribas in Australia.
9 April 2015 Instrument 15/0298 (refer: ASIC Gazette (A16/15)) Transitional exemptive relief for Phase 2 reporting entity Citibank N.A., until 24 May 2015 (inclusive), from transaction reporting of derivatives booked to the profit or loss account of Citibank N.A. in Australia.
9 April 2015 Instrument 15/0270 (refer: ASIC Gazette (A16/15)) Transitional exemptive relief for Phase 3A reporting entity Commonwealth Bank Officers Superannuation Corporation Pty Limited in its role as trustee of Commonwealth Bank Group Super, until 30 June 2015 (inclusive), from transaction reporting of interest rate and credit derivatives.
1 April 2015 Instrument 15/0269 (refer: ASIC Gazette (A16/15)) Transitional exemptive relief for Phase 3A reporting entity MLC Limited, until 30 June 2015 (inclusive), from transaction reporting of interest rate and credit derivatives.
27 March 2015 Instrument 15/0242 (refer: ASIC Gazette 14/15)) Transitional exemptive relief for Phase 3A reporting entity Toyota Finance Australia Limited, until 30 June 2015 (inclusive), from transaction reporting of interest rate and credit derivatives.
15 January 2015 Instrument 15/0030
(refer: ASIC Gazette (A03/15))
Extension of transitional exemptive relief to UBS AG from certain aspects of the alternative reporting regime set out in Rule 2.2.1(3) of the ASIC Derivative Transaction Rules (Reporting) 2013.
24 June 2014 Instrument 14/0559
(refer: ASIC Gazette (A26/14))
Extension of transitional exemptive relief to Macquarie Bank Limited delaying the start of transaction reporting for equity derivatives that have dependency on the MarkitWire confirmation platform until August 2014.
1 April 2014 Instrument 14/0232
(refer: ASIC Gazette (A13/14))
Further individual relief to the five Phase 1 reporting entities, extending for a further six months their ability to mask counterparty identifiers in certain strictly defined circumstances and with respect to certain transactions dependent on certain middleware providers.
1 April 2014 Instruments 14/0233, 14/0236 and 14/0237
(refer: ASIC Gazette (A14/14))
Individual relief for three Phase 2 reporting entities that are New Zealand subsidiaries of Australian ADIs, granting them a six-month delay on the start of their reporting obligations as Phase 2 reporting entities.
1 April 2014 Instrument 14/0238
(refer: ASIC Gazette (A14/14))
Relief for UBS AG (a Phase 2 reporting entity) from certain aspects of the alternative reporting regime set out in Rule 2.2.1(3) of the ASIC Derivative Transaction Rules (Reporting) 2013.
1 October 2013 Instruments 13/1173, 13/1175, 13/1176, 13/1177 and 13/1178
(refer: Special Gazette (A45/13))
Transitional exemptive relief from strict compliance with elements of the ASIC Derivative Transaction Rules (Reporting) 2013 to the five Phase 1 reporting entities. The relief instruments specify the particular rules to which the time-limited relief instruments relate and the conditions to which the relief instruments are subject.
Read the summary of the individual exemption (PDF 51 KB)

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Last updated: 28/10/2020 09:29