Corporations Act 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

Note: This Chapter applies to a CCIV in a modified form: see Division 4 of Part 8B.7 .

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

Division 6 - Regulation of licensed derivative trade repositories: licensing  

Subdivision E - Other matters  

SECTION 905P   MATTERS TO BE TAKEN INTO ACCOUNT BY ASIC  

905P(1)    
ASIC must have regard to certain matters in deciding whether to:

(a) grant an applicant an Australian derivative trade repository licence under section 905C ; or

(b) impose, vary or revoke conditions on such a licence under section 905F ; or

(c) suspend or cancel such a licence under section 905J .

905P(2)    
The matters ASIC must have regard to are as follows:

(a) the structure, or proposed structure, of the derivative trade repository;

(b) the nature of the activities conducted, or proposed to be conducted, by the derivative trade repository;

(c) the size, or proposed size, of the derivative trade repository;

(d) the persons who are, or may be, required to report derivative trade data to the derivative trade repository;

(e) the technology used, or proposed to be used, in the operation of the derivative trade repository;

(f) whether it would be in the public interest to take the action referred to in subsection (1).

ASIC may also have regard to any other matter that ASIC considers relevant.