ASIC Corporations (Derivative Transaction Clearing Exemption) Instrument 2016/258 (Cth)

ASIC Corporations (Derivative Transaction Clearing Exemption) Instrument 2016/258 I, Oliver Harvey, delegate of the Australian Securities and Investments Commission, make the following legislative instrument.

Dated 1 April 2016 Oliver Harvey

Contents

Part 1—Preliminary 1 Name of legislative instrument 2 Commencement 3 Authority 4 Definitions Part 2—Exemption 5 Pre-commencement date Swaptions

Part 1—Preliminary

1 Name of legislative instrument This instrument is ASIC Corporations (Derivative Transaction Clearing Exemption) Instrument 2016/258.

2 Commencement This instrument commences on the day after it 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 paragraph 907D(2)(c) of the Corporations Act 2001.

4 Definitions (1) In this instrument: Rules means the ASIC Derivative Transaction Rules (Clearing) 2015. Swaption means a derivative between two parties under which one or both parties is granted an option which if exercised would result in the parties entering into a Clearing Derivative. (2) In this instrument, unless otherwise specified, capitalised terms have the meaning given by the Rules.

Part 2—Exemption

5 Pre-commencement date Swaptions Rule 2.1.1 of the Rules does not apply to a Clearing Transaction that is the entry into a Clearing Derivative where: (a) the Clearing Derivative was entered into as a result of a party to a Swaption exercising the option granted to the party under the Swaption; and (b) the Swaption was entered into before 4 April 2016.