Commonwealth Consolidated Acts Commonwealth Consolidated Acts(a) impose obligations on operators of prescribed derivative trade repositories, and on their officers and employees; and
(b) confer powers on ASIC in relation to prescribed derivative trade repositories; and
(c) provide for offences in relation to those obligations and powers.
Note: For the limit on penalties for offences against the regulations, see paragraph 1364(2)(w).
(2) Without limiting the obligations and powers that may be conferred or imposed, they may include obligations and powers of similar kinds to those that apply under the derivative trade repository rules, or under Division 5, in relation to licensed derivative trade repositories.
(3) The regulations may provide, either generally or in circumstances specified in the regulations, that information given to ASIC, by the operator (or an officer of the operator) of a prescribed derivative trade repository, under a provision of the regulations is to be taken, for the purpose of section 127 (confidentiality) of the ASIC Act, to be given to ASIC in confidence in connection with the performance of ASIC's functions under this Act.
(4) Regulations that provide as mentioned in subsection (3) have effect accordingly for the purpose of section 127 of the ASIC Act.
Note: Subsections (3) and (4) do not limit the circumstances in
which information given to ASIC by a prescribed derivative trade repository
may, for the purpose of section 127 of the ASIC Act, be regarded as
having been given to ASIC in confidence in connection with the performance of
ASIC's functions under this Act.