Upcoming Rules and Exemptions changes

Exemptions

ASIC is not currently considering any changes to Exemptions.

Rules

27 November 2020: ASIC has released Consultation Paper 334 Proposed changes to simplify the ASIC Derivative Transaction Rules (Reporting): First consultation (CP 334).

ASIC has initiated a project to review and update the ASIC Derivative Transaction Rules (Reporting) 2013.

With proposals for rules changes made by the Commodity Futures Trading Commission (CFTC) and by the European Securities and Markets Authority (ESMA) in 2020, we think it is important to engage with industry as soon as practicable to give greater certainty to industry of our proposed alignment with international jurisdictions.

However, given that the final rules of international jurisdictions are still to be settled, we are planning for two rounds of consultation over the next year. The first consultation would be a set of proposals that we can firmly make, coupled with principles, frameworks or partial detail for the incomplete proposals. The second round of consultation would present the balance of the proposals and an opportunity to fine tune proposals from the first round.

Our indicative consultation timeline is:

Consultation Round 1

27 November 2020 to 1 March 2021

Consultation Round 2

May 2021 to June 2021

Rules made

Q3–Q4 2021

Rules in-force

Q3–Q4 2022

Our rules change proposals will be principally focused on implementing the harmonised international standards for transaction, product and party identifiers and transaction data elements:

Our project also includes a fit-for-purpose review of a number of other rules elements, including the:

  • removal of outdated transitional implementation provisions
  • consolidating reporting exemptions within the rules
  • coverage scope of reporting entities
  • coverage scope of reportable transactions
  • coverage scope of life cycle reporting
  • alternative reporting provisions
  • delegated reporting provisions.

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Last updated: 27/11/2020 09:41