Corporations Regulations 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

PART 7.5A - REGULATION OF DERIVATIVE TRANSACTIONS AND DERIVATIVE TRADE REPOSITORIES  

Division 2 - Regulation of derivative transactions: derivative transaction rules  

Subdivision 2.1A - Derivative transaction rules imposing clearing requirements  

REGULATION 7.5A.60   DEFINITIONS FOR SUBDIVISION 2.1A  

7.5A.60(1)    

In this Subdivision:

Australian clearing entity
, in relation to a derivative transaction, has the meaning given by regulation 7.5A.61 .

Derivative Transaction Rules (Reporting)
means the ASIC Derivative Transaction Rules (Reporting) 2013 .

foreign clearing entity
, in relation to a derivative transaction, has the meaning given by regulation 7.5A.62 .

representative capacity
: an entity is a party to a derivative transaction, or holds a position relating to a derivative transaction, in a representative capacity if the entity is such a party, or holds such a position, in a capacity as:

(a) the responsible entity of a registered scheme; or

(b) the operator of a notified foreign passport fund; or

(c) the responsible holding party for a notified foreign passport fund; or

(d) the trustee of a trust; or

(e) the corporate director of a CCIV.

total gross notional outstanding positions
, in relation to an entity, means an amount worked out for the entity under derivative transaction rules, in accordance with subregulation (2) .

7.5A.60(2)    
For the purposes of this Subdivision, derivative transaction rules may:

(a)    set out a method for working out the total gross notional outstanding positions held by an entity in a representative capacity, or otherwise; and

(b)    provide for an entity that starts, or stops, meeting a threshold referred to in subparagraph 7.5A.61(1)(a)(ii) , 7.5A.62(1)(a)(ii) or (b)(iv) to be taken to meet, or not to meet, the threshold for transitional purposes specified by the rules.