Corporations Laws Amendment (2014 Measures No. 2) Regulation 2014 (88 of 2013)

Schedule 2   Derivative trade data

Corporations Regulations 2001

1   After regulation 7.5A.150

Insert:

7.5A.150A Persons or bodies that may request derivative trade data

For paragraph 904B(2)(d) of the Act, the persons or bodies mentioned in Article 81(3)(a) to (e), (g), (h) and (j) of Regulation (EU) No 648/2012 of the European Parliament and the Council of the European Union, dated 4 July 2012, are prescribed.

7.5A.150B Information that must not be included in derivative trade data

(1) This regulation is made for subsection 904B(4) of the Act.

(2) Information must not be included in derivative trade data provided pursuant to a request made by a person or body prescribed under regulation 7.5A.150A unless:

(a) the information is required to be reported under rules made under paragraph 901A(2)(b) of the Corporations Act 2001; and

(b) subregulation (3) or (4) applies.

(3) This subregulation applies if the information would, but for mutual regulatory recognition arrangements, be required to be reported under one or more of the following:

(a) Regulation (EU) No 648/2012 of the European Parliament and the Council of the European Union dated 4 July 2012;

(b) Commission Implementing Regulation (EU) No 1247/2012 of the European Parliament and the Council of the European Union, dated 19 December 2012;

(c) Commission Delegated Regulation (EU) No 148/2013 of the European Commission, dated 19 December 2012.

(4) This subregulation applies if:

(a) the information relates to a European Union underlying asset, index, rate or currency; and

(b) the information is not covered by subregulation (3).