7.1.1 Provision of live electronic data from the Trading Platform
(1) A Market operator must deliver, or procure delivery of, a live feed of the electronic data items set out in subrule (2) as generated on or by its Trading Platform to ASIC or to a service provider nominated by ASIC and notified to the Market operator in accordance with Rule 7.1.2.
(1A) A Market operator must keep the electronic data referred to in subrule (1) for a period of seven years.
Order information from Trading Platform
(2) Electronic data provided pursuant to subrule (1) must contain such data items and fields which are generated on or by the Market operator’s Trading Platform containing all Orders entered on the Market operator’s Trading Platform, being:
order price and volume entries;
(b) order amendments;
(c) trade price and volume entries;
(d) any special trade condition codes;
(e) broker number and identifier code;
(f) participant operator cross-reference data, where that data is available;
(g) information comprising details of the financial products traded through the Trading Platform, being:
name of Issuer or publicly available issuer code;
(ii) tick size;
(iii) lot size;
(iv) basis of quotation;
(v) time stamps on all order entries, trades, amendments, cancellations and deletions; and
(vi) unique order identifier or, if this is not available, unique order series identifier;
(ga) information for the order or trade recorded by the Market operator in accordance with subrule 7.4.3(1); and
(h) such additional data items or fields notified by ASIC to the Market operator under Rule 7.1.2 which are generated on or by the Market operator’s Trading Platform, provided that a Market operator is not required to provide fields that are not generated on or by the Market operator’s Trading Platform.
Format requirements
(3) The electronic data required by subrule (1) must be in such format as ASIC notifies the Market operator in accordance with Rule 7.1.2.
Data security and redelivery
(4) The electronic data required by subrule (1) must:
comply with any data security requirements as notified by ASIC to the Market operator under Rule 7.1.2; and
(b) be redelivered by the Market operator if there is disruption to the telecommunications link through which the data is provided or for any other reason ASIC does not receive the data, and ASIC notifies the Market operator in accordance with Rule 7.1.2 that ASIC requires the data to be redelivered.
Delivery requirements
(5) The electronic data required by subrule (1) must be delivered by the Market operator to ASIC or its nominated service provider in a manner and to a location notified by ASIC to the Market operator in accordance with Rule 7.1.2.
Part Part 7 - ASIC Market Integrity Rules (Securities Markets) 2017 - Regulatory Data and data feeds | Zoe
7.1.2 Notification
A notification by ASIC to a Market operator of:
a service provider under subrule 7.1.1(1);
(b) additional data items under paragraph 7.1.1(2)(h);
(c) data format requirements under subrule 7.1.1(3);
(d) data security requirements or to redeliver data under subrule 7.1.1(4); or
(e) a manner and, or, location of delivery under subrule 7.1.1(5),
must be in writing and allow the Market operator a reasonable period to comply.
Part 7.2 Information
7.2.1 Provision of information about Market Participants
A Market operator must maintain the information specified below about each Participant of its Market and advise ASIC in writing of any changes which are made to the information (including any changes resulting from the admission of new Participants to its Market) within two Business Days of the change being made:
Market Participant name;
(b) the unique identifier that is used by the Market operator to identify the trading activities of the Market Participant on the Market operator’s Trading Platform;
(c) Market Participant type (including Trading Participant, Market Maker, or Principal Trader, as applicable); and
(d) the type of permissions provided to each Market Participant, being permissions to trade:
Cash Market Products; or
(ii) Derivatives Market Contracts.
Part 7.3 Material changes to operating rule procedures
7.3.1 Market operator to notify material changes to operating rule procedures
(1) Subject to subrule (2), a Market operator must notify ASIC of a material change to the written procedures made under its operating rules, within a reasonable time before adopting the change.
(2) Where a Market operator is required to make an urgent material change to the written procedures made under its operating rules, the Market operator must notify ASIC of the change as soon as practicable after making the change.
Part 7.4 Requirement to record and provide Regulatory Data
7.4.1 Application of Part
(a) the operator of a Market on or through which offers to acquire or dispose of Equity Market Products are made or accepted;
(c) the operator of a CGS Market; and
(d) CGS Market Participants.
(2) This Part applies to orders and transactions in:
(a) financial products able to be traded on a Market referred to in subrule (1)(a), other than Options Market Contracts; and
(b) CGS Depository Interests.
7.4.2 Participant to provide Regulatory Data with Orders and Trade Reports
(1) A Participant must provide Regulatory Data to a Market operator in an Order transmitted to an Order Book of that Market operator.
(2) A Participant must provide Regulatory Data to a Market operator in a Trade Report made to that Market operator, for each side of the transaction for which the Participant acted as agent on behalf of a client, or as Principal.
(3) A Participant must not disclose the Regulatory Data it provides to a Market operator under subrules (1) and (2) in connection with the Order or Trade Report other than:
(a) to any of the following:
(i) a person acting as agent on behalf of the Participant, to the extent there is a legitimate business reason for the person to have access to the Regulatory Data;
(ii) the Market operator to which the Regulatory Data is provided; or
(iii) ASIC;
(b) for the purposes of seeking legal advice; or
(c) as otherwise required or permitted by law,
and must take reasonable steps to ensure that a person referred to in subparagraph (a)(i) does not disclose the Regulatory Data to any person other than a person referred to in paragraph (a), or in accordance with paragraphs (b) or (c).
7.4.3 Market operator to record Regulatory Data
(1) A Market operator must keep a record of Regulatory Data provided to it by a Participant in a record of:
(a) a new Order that is received, or an existing Order that is amended, matched or cancelled, on an Order Book of the Market operator’s Market;
(b) a transaction on an Order Book of the Market operator’s Market; and
(c) a Trade Report accepted by the Market operator.
(1A) A Market operator must keep records of Regulatory Data referred to in subrule (1) for a period of seven years.
(2) A Market operator must not use or disclose Regulatory Data referred to in subrule (1) other than by:
(a) providing the Regulatory Data to ASIC;
(b) disclosing the Regulatory Data to a person acting as agent for the Market operator;
(c) making available to a Participant, or a person acting as agent on behalf of the Participant, the Regulatory Data provided by that Participant; or
(d) using or disclosing the Regulatory Data for a purpose that is otherwise required or permitted by law,
and must take reasonable steps to ensure that a person referred to in paragraph (b) does not use or disclose the Regulatory Data other than in accordance with paragraphs (a), (c) or (d).
Note: A Market operator is required to provide Regulatory Data to ASIC under Rule 7.1.1.
7.4.4 Regulatory Data
(1) In these Rules, Regulatory Data means:
(a) in relation to a Trade Report, the information set out in items 1 to 5 of the following table; and
(b) in relation to an order transmitted to an Order Book and any transaction resulting from that order, the information set out in items 2 to 5 of the following table.
(2) The information in items 3, 4 and 5 of the following table does not need to be provided by a Participant if the Participant has taken all reasonable steps to determine the information and is unable to do so.
(3) ASIC may determine in writing format or content requirements for a code, notation or number referred to in the following table.
(4) Participants and Market operators must provide or record Regulatory Data in orders, transactions and Trade Reports in accordance with requirements notified by ASIC under subrule (3) within the timeframe specified in the notification, if the timeframe specified in the notification is reasonable.
(5) Where a Participant provides a notation, code or number to identify information set out in items 1 to 5 of the following table in an Order or Trade Report, it must take all reasonable steps to consistently provide the same code, notation or number to identify the same information in subsequent orders or Trade Reports.
Item
Label
Regulatory Data
1
Execution venue
A code identifying the Market, Crossing System or other facility on which the orders were matched or the transaction was executed
2
Capacity of Participant
For each side (buy and/or sell) of the order or transaction on which the Participant is required to comply with subrule 7.4.2(1) or (2), a notation to identify whether the Participant is acting:(a) as Principal;(b) as agent for a client; or(c) as both Principal and agent for a client,in relation to the order or transaction
3
Origin of Order or transaction
For each side (buy and/or sell) of the order or transaction on which the Participant acts as agent for a client, a unique notation, code or number used by the Participant to identify the person on whose instructions the Order is submitted or transaction was executed
4
Intermediary ID
For each side (buy and/or sell) of the order or transaction on which:(a) the Participant acts as agent for an AOP Client that is an AFSL holder; and(b) the Participant has an arrangement with the AFSL holder under which the AFSL holder is permitted to submit Trading Messages into the Participant’s system as intermediary for its own clients,the AFSL number of the AFSL holder
5
Directed wholesale indicator
For each side (buy and/or sell) of the order or transaction on which:(a) the Participant acts as agent for an AOP Client that is a wholesale client; and(b) the Participant has an arrangement with the wholesale client under which the wholesale client submits Trading Messages into the Participant’s system with non-discretionary execution and routing instructions,a unique notation or code to indicate this
Note: Instruments made under subrule (3) are available on the Federal Register of Legislation. The register may be accessed at www.legislation.gov.au.