Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This regulation is made for paragraph 907E(2)(a) of the Act.
Exemptions
(2) A phase 3 reporting entity is exempt from a provision of the Derivative Transaction Rules (Reporting) requiring the entity, at a particular time, to report information about an OTC derivative transaction to which the entity is a party if, at that time:
(a) regulation 7.5A.73 applies to the entity in relation to the transaction; and
(b) the other party to the transaction is a reporting counterparty in relation to the phase 3 reporting entity and the information.
(3) A phase 3 reporting entity is exempt from a provision of the Derivative Transaction Rules (Reporting) requiring the entity, at a particular time, to report OTC derivative position information in relation to an OTC derivative position to which the entity is a party if, at that time:
(a) regulation 7.5A.73 applies to the entity in relation to the position; and
(b) the other party to the position is a reporting counterparty in relation to the phase 3 reporting entity and the information.
Effect of exemption on ASIC exemption instrument
(4) Subregulation (5) applies if a phase 3 reporting entity is exempt under this regulation from a provision of the Derivative Transaction Rules (Reporting) requiring the entity to report information about a particular OTC derivative transaction or OTC derivative position.
(5) The entity is also exempt from subsection 907D(3) of the Act in relation to a provision of the ASIC exemption instrument that imposes a requirement to report information about the transaction or position as a condition of an exemption under that instrument.