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CORPORATIONS ACT 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS    View history reference

PART 7.5A - REGULATION OF DERIVATIVE TRANSACTIONS AND DERIVATIVE TRADE REPOSITORIES    View history reference

Division 7 - Regulation of prescribed derivative trade repositories    View history reference

SECTION 906A  REGULATIONS MAY IMPOSE OBLIGATIONS AND CONFER POWERS  

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906A(1)  

The regulations may:


(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).

906A(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.

906A(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.

906A(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.


 



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