| Topic | Key information |
|---|---|
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Rules |
From 21 December 2022 until 20 October 2024: |
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Guidance |
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Minister’s Determination |
Corporations (Derivatives) Determination 2023 determines the classes of derivatives in relation to which reporting requirements may be imposed |
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ASIC Determinations |
ASIC Derivative Transaction Rules (Reporting) Determination 2023/679 determined equity derivatives, CFDs and Margin FX as OTC Derivatives required to be reported by ‘lifecycle’ reporting under Rule 2.2.8 (Repealed on 21 October 2024 – see Part 3 of the Determination) ASIC Regulated Foreign Markets Determination 2023/346 determined foreign financial markets whose derivatives were not OTC Derivatives under Rule 1.2.4 (Repealed on 21 October 2024 – see ASIC Regulated Foreign Markets Determination (Amendment) Instrument 2024/605) |
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Exemptions |
Regulations 7.5A.70-74 of the Corporations Regulations 2001 exempts small-scale entities from reporting in certain circumstances Exemption relief from the ASIC Derivative Transaction Rules (Reporting) 2022 other exemption instruments |
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Consultations |
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Past 2022 Rules
The ASIC Derivative Transaction Rules (Reporting) 2022, effective 21 December 2022, remade the ASIC Derivative Transaction Rules (Reporting) 2013 until the commencement of the ASIC Derivative Transaction Rules (Reporting) 2024 on 21 October 2024.
This page contains:
2022 Rules
2022 Rules exemption relief for reporting entities
| Date | Legislative instrument | Details |
|---|---|---|
|
9 September 2024 |
ASIC Derivative Transaction Rules (Nexus Derivatives) Instrument 2024/603 |
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'. In-force from the repeal of ASIC Derivative Transaction Rules (Nexus Derivatives) Class Exemption 2015 (see below) on 21 October 2024 until 20 October 2025. |
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1 September 2023 |
ASIC Corporations (Derivative Transaction Reporting Exemption) Instrument 2015/844 Compilation No. 14 |
Exemptive relief for:
Scheduled to be repealed on 21 October 2024 – see as-made Instrument 2024/604 below. |
|
11 February 2021 |
ASIC Derivative Transaction Rules (ADI Foreign Subsidiaries) Class Exemption 2021/51 |
Exemptive relief allowing ADI foreign subsidiaries to apply an alternative test for reportable transactions and reportable positions 'entered into by the reporting entity in this jurisdiction'. Scheduled to be repealed on 21 October 2024 – see as-made Instrument 2023/36 below. |
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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). Scheduled to be repealed on 21 October 2024 – see as-made Instrument 2023/36 below. |
| 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'. Scheduled to be repealed on 21 October 2024 – see as-made Instrument 2024/602 below. |
| Date | Legislative instrument | Details |
|---|---|---|
|
9 September 2024 |
ASIC Derivative Transaction Rules (Nexus Derivatives Repeal) Instrument 2024/602 |
Repeals ASIC Derivative Transaction Rules (Nexus Derivatives) Class Exemption 2015 on 21 October 2024 |
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6 September 2024 |
Repeals ASIC Corporations (Derivative Transaction Reporting Exemption) Instrument 2015/844 on 21 October 2024 |
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31 August 2023 |
Amends ASIC Corporations (Derivative Transaction Reporting Exemption) Instrument 2015/844 to introduce conditional time-limited exemptive relief which exempts reporting entities from reporting certain items of derivative trade data under the ASIC Derivative Transaction Rules (Reporting) 2022 that will not be required to be reported from the commencement of the ASIC |
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|
20 April 2023 |
Amends ASIC exemption instruments to refer to the 2022 Transaction Reporting Rules (TRRs), extends time-limited exemptive relief, broadens the jurisdictional scope of exemptive relief for reporting of trade identifiers and repeals exemptive relief that has either expired or will be included in the 2024 TRRs. |
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| 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. |
| 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. |