Australian Securities and Investments Commission Market Integrity Rules (Securities Markets) Class Waiver 2018/258 (Cth)

ASIC Market Integrity Rules (Securities Markets) Class Waiver 2018/258

About this compilation

Compilation No. 1

This is a compilation of ASIC Market Integrity Rules (Securities Markets) Class Waiver 2018/258 as in force on 3 November 2020. It includes any commenced amendment affecting the legislative instrument to that date.

This compilation was prepared by the Australian Securities and Investments Commission.

The notes at the end of this compilation (the endnotes) include information

about amending instruments and the amendment history of each amended provision.

Contents

Part 1—Preliminary

1    Name of legislative instrument

3    Authority

4    Interpretation

Part 2—Waivers

5    Transitional arrangements for Participants of the NSXA Market

6    Transitional arrangements for Participants of the SSX Market

7    Period during which the relief applies

Endnotes

Endnote 1—Instrument history

Endnote 2—Amendment history

Part 1—Preliminary

1        Name of legislative instrument

This is the ASIC Market Integrity Rules (Securities Markets) Class Waiver 2018/258.

3        Authority

This instrument is made under subrule 1.2.1(1) and Rule 1.2.3 of the ASIC Market Integrity Rules (Securities Markets) 2017 (Rules).

4        Interpretation

(1)     In this instrument, Waived Rules means the following Parts of the Rules:

(a)     Part 3.8 [Best execution obligation];

(b)     Part 3.9 [Policies and procedures];

(c)     Part 3.10 [Disclosure of best execution obligation];

(d)     Part 3.11 [Evidencing execution performance];

(e)     Part 5.1AA [Transactions to be under the operating rules of a Market operator];

(f)     Part 5.9A [Trading Suspensions];

(g)     Part 6.1 [Orders must be Pre-Trade Transparent];

(h)     Part 6.3 [Transactions must be post-trade transparent];

(i)      Part 7.4 [Requirement to record and provide Regulatory Data].

(2)     In this instrument, unless the contrary intention appears, capitalised terms have the same meaning as in the Rules.

(3)     In this instrument, a reference to time is to the time in Sydney, Australia.

Part 2—Waivers

5        Transitional arrangements for Participants of the NSXA Market

(1)     A Participant of the NSXA Market, other than an NSXA AOP Participant, does not have to comply with any provision of the Rules in connection with its activities or conduct in relation to the NSXA Market.

(2)     An NSXA AOP Participant does not have to comply with any provision of the Rules in connection with its activities or conduct in relation to the NSXA Market other than, in connection with the use of the Participant’s system for Automated Order Processing on the NSXA Market, a provision of Part 5.5, 5.6 or 5.7 of the Rules.

(3)     A Participant of the NSXA Market does not have to comply with any provision of the Waived Rules in connection with its activities or conduct in relation to the NSXA Market.

6        Transitional arrangements for Participants of the SSX Market

A Participant of the SSX Market does not have to comply with any provision of the Waived Rules in connection with its activities or conduct in relation to the SSX Market.

7        Period during which the relief applies

(1)     The relief in subsections 5(1) and 5(2) applies until 5 November 2018.

(2)     The relief in subsection 5(3) applies from 5 November 2018 until 16 November 2022.

(3)     The relief in section 6 applies until 16 November 2022.

Endnotes

Endnote 1—Instrument history

Instrument number	Date of FRL registration	Date of commencement	Application, saving or transitional provisions
2018/258	24/4/2018 (see F2018L00511)	25/4/2018
2020/877	2/11/2020 (see F2020L01387)	3/11/2020	-

Endnote 2—Amendment history

ad. = added or inserted     am. = amended     LA = Legislation Act 2003    rep. = repealed     rs. = repealed and substituted

Provision affected	How affected
Section 2	rep. s48D LA
Subsection 7(2)	am. 2020/877
Subsection 7(3)	am. 2020/877