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.]
This regulation is made for paragraph 901D(b) of the Act.
7.5A.65(2)
The derivative transaction rules can only impose clearing requirements in relation to a derivative transaction on an entity that is an Australian clearing entity in relation to the transaction if the other party to the transaction is:
(a) an Australian clearing entity in relation to the transaction; or
(b) a foreign clearing entity in relation to the transaction; or
(c) a foreign internationally active dealer.
7.5A.65(3)
The derivative transaction rules can only impose clearing requirements in relation to a derivative transaction on an entity that is a foreign clearing entity in relation to the transaction if the other party to the transaction is:
(a) an Australian clearing entity in relation to the transaction; or
(b) a foreign clearing entity in relation to the transaction; or
(c) a foreign internationally active dealer.
7.5A.65(4)
In this regulation:
foreign internationally active dealer
means any foreign entity, other than a foreign clearing entity, that is registered or provisionally registered as:
(a) a swap dealer with the Commodity Futures Trading Commission of the United States of America; or
(b) a securities-based swap dealer with the Securities and Exchange Commission of the United States of America.
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