Corporations Act 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

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Note: This Chapter applies to a CCIV in a modified form: see Division 4 of Part 8B.7 .
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PART 7.5A - REGULATION OF DERIVATIVE TRANSACTIONS AND DERIVATIVE TRADE REPOSITORIES  

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Division 2 - Regulation of derivative transactions: derivative transaction rules  

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Subdivision C - The process of making derivative transaction rules  

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SECTION 901H  

901H   MATTERS TO WHICH ASIC MUST HAVE REGARD WHEN MAKING RULES  

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In considering whether to make a derivative transaction rule, ASIC:


(a) must have regard to:


(i) the likely effect of the proposed rule on the Australian economy, and on the efficiency, integrity and stability of the Australian financial system; and

(ii) the likely regulatory impact of the proposed rule; and

(iii) if the transactions to which the proposed rule would relate would be or include transactions relating to commodity derivatives - the likely impact of the proposed rule on any Australian market or markets on which the commodities concerned may be traded; and


(b) may have regard to any other matters that ASIC considers relevant.

Note: Matters that ASIC may have regard to under paragraph (b) may, for example, include:

  • (a) any relevant international standards and international commitments; and
  • (b) matters raised in consultations (if any) under section 901J .

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