There are certain short selling disclosure requirements under the law. Generally, a person must report their short position in relation to a section 1020B product in a listed entity:
If the person:
makes a covered short sale of the section 1020B product on a licensed market (i.e. the seller intends that a securities lending arrangement will ensure that the section 1020B products can be vested in the buyer);
at 7pm on day T (or alternatively the global end calendar time), has a short position in that product; and
has a total short position above the reporting threshold; or
If at 7pm (or alternatively the global end calendar time) on subsequent reporting days after a person has reported a short position, the person continues to have a short position above the reporting threshold.
The short position reporting obligation applies to a person irrespective of whether the person is inside or outside of Australia.
See Regulatory Guide 196Short Selling for further guidance regarding short position reporting and any exceptions to short position reporting.
From 1 June 2010 short sellers have an obligation to report their short positions in certain financial products to ASIC. Short position reports are not lodged via the ASIC website. They are lodged to ASIC using FIX protocol messages sent over a secure network to the ASIC FIX server.
ASIC requires each short position report to uniquely identify the short seller. If a short seller does not have an ACN, ARBN or BIC identifier, they must register to receive an ASIC identifier.
Please note that there may be some noticeable variations in the short positions reported compared to the previous day's report.
List of dates when reports were affected
2022
22 December 2022
ASIC is experiencing an on-going data issue with short positions in NWSLV (News Corporation – Class A non-Voting Common Stock -CDI). Please disregard the number of NWSLV short positions included in the daily report starting from 1 November 2022. In the meantime, investors can refer to the Year-To-Date report for information, as it contains up-to-date data in relation to NWSLV. We will provide an update when this issue has been resolved. Update: ASIC has resolved the data issue impacting the accuracy of short positions in NWSLV (News Corporation – Class A non-Voting Common Stock – CDI) included in our daily reports for the period between 1 November 2022 and 1 December 2022. These reports are now up-to-date.
There are no report publications on 27 September 2022, as we need to bring back the report timeline to a T+4 basis following a National Day of Mourning on 22 September 2022.
1st February 2022 - Issued capital of BHP Group Limited (BHP) is not up to date
31st January 2022 - Issued capital of BHP Group Limited (BHP) is not up to date
