ASIC Market Integrity Rules (Futures Markets) Class Waiver 2018/302
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ASIC Market Integrity Rules (Futures Markets) Class Waiver 2018/302
I, Anthony Graham, delegate of the Australian Securities and Investments Commission, make the following legislative instrument.
Date 26 April 2018
Anthony Graham
Contents
1 Name of legislative instrument
5 Time for reconciliation of clients’ segregated accounts
6 Time for notifying ASIC about daily reconciliation
Part 1—Preliminary
1 Name of legislative instrument
This is the ASIC Market Integrity Rules (Futures Markets) Class Waiver 2018/302.
2 Commencement
This instrument commences on the later of:
(a) 7 May 2018; and
(b) the day after this instrument is registered on the Federal Register of Legislation.
Note: The register may be accessed at www.legislation.gov.au.
3 Authority
This instrument is made under subrule 1.2.1(1) of the ASIC Market Integrity Rules (Futures Markets) 2017 (Rules).
4 Interpretation
(1) In this instrument, unless the contrary intention appears, capitalised terms have the same meaning as in the Rules.
(2) In this instrument a reference to time is to the time in Sydney, Australia.
Part 2—Waiver
5 Time for reconciliation of clients’ segregated accounts
(1) A Market Participant does not have to comply with subrule 2.3.2(1) of the Rules for so long as the Market Participant performs the reconciliation referred to in that subrule by 12.00 pm on the second business day after the business day to which the reconciliation relates.
(2) The relief in subsection 5(1) applies where the Market Participant is ordinarily unable to perform the reconciliation referred to in subrule 2.3.2(1) of the Rules by 7.00 pm on the business day after the business day to which the reconciliation relates, because the Market Participant relies on information obtained from a person located outside Australia to perform the reconciliation referred to in that subrule.
6 Time for notifying ASIC about daily reconciliation
A Market Participant does not have to comply with paragraph 2.3.4(a) of the Rules for so long as the Market Participant notifies ASIC, in writing, within one business day if a reconciliation has not been performed by 12.00 pm on the second business day after the business day to which the reconciliation relates.
7 Conditions
It is a condition of the relief in subsection 5(1) that where the Market Participant performs the reconciliation referred to in subrule 2.3.2(1) on the second business day after the business day to which the reconciliation relates, the Market Participant must notify ASIC, in writing, within one business day if:
(a) the reconciliation has not been performed in accordance with Rule 2.3.2 (except to the extent that Rule requires the Market Participant to perform the reconciliation by 7.00 pm on the business day after the business day to which the reconciliation relates); or
(b) according to the reconciliation, Total Deposits is less than Total Third Party Client Monies; or
(c) it is unable to reconcile its clients’ segregated accounts under Rule 2.3.2.
Note: The conditions imposed on a waiver must be complied with in order for the waiver to be effective: subrule 1.2.1(2) of the Rules.