ASIC Derivative Transaction Rules (Nexus Derivatives) Instrument 2024/603 (Cth)

ASIC Derivative Transaction Rules (Nexus Derivatives) Instrument 2024/603 I, Benjamin Cohn-Urbach, delegate of the Australian Securities and Investments Commission, make the following legislative instrument.

Date 4 September 2024

Benjamin Cohn-Urbach

Contents

Part 1—Preliminary 3 1 Name of legislative instrument....................................3 2 Commencement...............................................3 3 Authority....................................................3 4 Definitons....................................................3 Part 2—Exemption 4

Part 1—Preliminary

1 Name of legislative instrument This is the ASIC Derivative Transaction Rules (Nexus Derivatives) Instrument 2024/603.

2 Commencement

This instrument commences on the later of: 1. 21 October 2024; and 2. 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)(a) of the Corporations Act 2001 (Act).

4 Definitons (1) In this instrument, unless the contrary intention appears, capitalised terms have the same meaning as in the Rules. (2) In this instrument: Relevant Reporting Entity means a Foreign ADI that has a branch located in this jurisdiction or a foreign company that is required to be registered under Division 2 of Part 5B.2 of the Act. Rules means the ASIC Derivative Transaction Rules (Reporting) 2024.

Part 2—Exemption 5 Exemption 1 A Relevant Reporting Entity does not have to comply with subrule 2.2.1(1) of the Rules to the extent that subrule requires the Relevant Reporting Entity to report a Reportable Transaction in an OTC Derivative that: 1. was entered into by the Relevant Reporting Entity in this jurisdiction; and 2. was not booked to the profit or loss account of a branch of the Relevant Reporting Entity located in this jurisdiction. 6 Opt-In to and Withdrawal from Exemption 1 1. A Relevant Reporting Entity may give to ASIC a written notice (an Opt-In Notice) setting out all of the following: 1. the name of the Relevant Reporting Entity; 2. the Prescribed Class or Prescribed Classes (each, an Opt-In Class) for which the Relevant Reporting Entity is giving the written notice; and 3. the date (Effective Date) from which the Relevant Reporting Entity will rely on the exemption in section 5 in relation to each Opt-In Class named in the notice, being a date no earlier than the date the Opt-In Notice is given to ASIC. Note: The Prescribed Classes as at the date of this instrument are commodity derivatives that are not electricity derivatives, credit derivatives, equity derivatives, foreign exchange derivatives and interest rate derivatives. 1. A Relevant Reporting Entity that has given an Opt-In Notice under subsection (6)(1) may withdraw the Opt-In Notice in relation to one or more Opt-In Classes, by giving to ASIC a written notice (the Withdrawal Notice) setting out all of the following: 1. the name of the Relevant Reporting Entity; 2. the name of each Opt-In Class for which the Relevant Reporting Entity is giving the written notice; 3. the date (Withdrawal Effective Date) from which the Relevant Reporting Entity will cease to rely on the exemption in section 5 in relation to each Opt-In Class named in the notice, being a date not less than 30 calendar days from the date the Withdrawal Notice is given. 7 Where Exemption 1 applies The exemption in section 5 applies to a Relevant Reporting Entity in relation to an Opt-In Class from the Effective Date specified in an Opt-In Notice given by the Relevant Reporting Entity in accordance with subsection (6)(1) in relation to that Opt-In Class, until the Withdrawal Effective Date specified in the Withdrawal Notice (if any) given in accordance with subsection 6(2) in relation to that Opt-In Class. 8 Conditions of Exemption 1