ASIC Corporations (Short Selling) Instrument 2018/745 (Cth)

ASIC Corporations (Short Selling) Instrument 2018/745

About this compilation

Compilation No. 4

This is a compilation of ASIC Corporations (Short Selling) Instrument 2018/745 as in force on 31 January 2023. It includes any commenced amendment affecting the legislative instrument to that date.

This compilation was prepared by the Australian Securities and Investments Commission.

The notes at the end of this compilation (the endnotes) include information about amending instruments and the amendment history of each amended provision.

Contents

Part 1—Preliminary 1 Name of legislative instrument 3 Authority 4 Definitions Part 2—Short selling exemptions: market participants 5 Market makers: exchange traded funds and managed funds 6 Market makers: Bona fide hedging 7 Exchange traded options: sales effected by exercising options 8 Exchange traded options: other scenarios 9 Debentures: Clearing and settlement participants 10 Deferred purchase agreements Part 3—Short selling exemptions: capital markets 11 Deferred settlement trading arrangements on licensed markets 12 Initial public offers: Sale offers through special purpose vehicles Part 4—Exemptions from short selling reporting 13 Market makers: exchange traded funds and managed funds 14 Market makers: bona fide hedging 15 Low volume and low value short positions Part 5—Definitional and other changes 16 Definitional changes 17 Short position reporting and short sale transaction reporting Endnotes Endnote 1—Instrument history Endnote 2—Amendment history

Part 1—Preliminary

1 Name of legislative instrument This is the ASIC Corporations (Short Selling) Instrument 2018/745.

3 Authority This instrument is made under subsection 1020F(1) of the Corporations Act 2001.

4 Definitions In this instrument: Act means the Corporations Act 2001. Regulations means the Corporations Regulations 2001. section 1020B products has the meaning given by subsection 1020B(1) of the Act.