Corporations Regulations 2001
View history note
Hide history note[ CCH Note: Pursuant to the Corporations Amendment Regulations 2001 (No 4) (SR 2001 No 319) effective 11 March 2002, Chapter 7 (Securities) comprising reg 7.1.01 - 7.15.01 and Chapter 8 (The futures industry) comprising reg 8.1.01 - 8.7.03 are replaced by a new Chapter 7 (Financial services and markets) comprising reg 7.1.01 - 7.12.01. As the subject matter of the new Chapter 7 relates to the new financial services reform regime, " inserted " has been used in the history notes for each provision, and all references to the former provisions have been removed.]
An entity is an
Australian clearing entity
, in relation to a derivative transaction to which it is a party otherwise than in a representative capacity, if:
(a) the entity is an Australian ADI, or a financial services licensee, that:
(i) is incorporated or formed in Australia; and
(ii) holds $100 billion or more in total gross notional outstanding positions otherwise than in a representative capacity; or
(b) the entity is any other entity that:
(i) is incorporated or formed in Australia; and
(ii) has, in accordance with any derivative transaction rules, opted to be treated, for the purposes of those rules, as an Australian clearing entity in relation to derivative transactions to which the entity is a party otherwise than in a representative capacity.
7.5A.61(2)
An entity is an
Australian clearing entity
in relation to a derivative transaction to which it is a party in a representative capacity in the circumstances set out in derivative transaction rules.
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