Corporations Regulations 2001

For paragraph 904B(2)(d) of the Act, each of the following persons or bodies may request a derivative trade repository licensee to provide it with derivative trade data that is retained in the derivative trade repository:

the Bank of England;

the Financial Conduct Authority of the United Kingdom;

the Monetary Authority of Singapore.

A request under subregulation (1) must be made in accordance with the standards set out in the report “Authorities’ access to trade repository data”:

issued jointly by the Committee on Payment and Settlement Systems (the CPSS) and the International Organization of Securities Commissions (the IOSCO); and

as supplemented, superseded or modified from time to time by principles, recommendations or standards issued by the CPSS or IOSCO (or a successor of the CPSS or IOSCO).

If part of a request under subregulation (1) is made in accordance with the standards mentioned in subregulation (2), the part is taken to be a request for the purpose of this regulation.

For subsection 904B(4) of the Act, information must not be included in derivative trade data provided to a person or body in response to a request under subregulation (1) unless:

the information relates to a transaction or position that is required to be reported under either of the following:

rules made under paragraph 901A(2)(b) of the Corporations Act 2001;

the conditions of an exemption given under section 907D of the Corporations Act 2001; and

subregulation (5) or (6) applies.

This subregulation applies if the information:

relates to a transaction or position that is, or would be, but for mutual regulatory recognition arrangements, required to be reported under the laws of the jurisdiction in which the person or body is located; and

is required by the person or body as part of the performance of its functions or exercise of its powers.

This subregulation applies if the information:

either:

relates to an underlying asset, index, rate or currency of the jurisdiction in which the person or body is located; or

relates to a counterparty located in the jurisdiction in which the person or body is located; and

is required by the person or body as part of the performance of its functions or exercise of its powers; and

is not covered by subregulation (5).