ASIC Market Integrity Rules (Securities Markets – Capital) Class Waiver 2018/259

Administered by Department of the Treasury

Legislation au F2018L00513 Rules In force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT for
ASIC Market Integrity Rules (Securities Markets – Capital) Class Waiver 2018/259

Prepared by the Australian Securities and Investments Commission

 

Corporations Act 2001

 

The Australian Securities and Investments Commission (ASIC) makes ASIC Market Integrity Rules (Securities Markets – Capital) Class Waiver 2018/259 under subrule 1.2.1(1) and Rule 1.2.3 of the ASIC Market Integrity Rules (Securities Markets – Capital) 2017 (Rules).

Subrule 1.2.1(1) provides that ASIC may relieve any person or class of persons from the obligation to comply with a provision of these Rules, either generally or in a particular case or category, and either unconditionally or subject to such conditions as ASIC thinks fit.

Rule 1.2.3 provides that ASIC may specify the period or specific event during which any relief from an obligation to comply with a provision of these Rules may apply.

 

  1.                                             Background

As part of its supervisory responsibilities, ASIC reviewed the 14 market integrity rule books in force in late 2016 and identified the need to consolidate certain market integrity rule books which covered substantively similar existing obligations across like domestic licensed markets.

In Consultation Paper 277 Proposals to consolidate the ASIC market integrity rules (CP 277) ASIC proposed to:

  • consolidate the ASIC Market Integrity Rules (ASX Market–Capital) 2014, ASIC Market Integrity Rules (Chi-X Australia Market–Capital) 2014 and ASIC Market Integrity Rules (APX Market–Capital) 2014 (together, the Pre-Commencement Market Integrity Rules) to create a single capital rule book that applies to Participants of licensed domestic markets for securities; and

 

  • waive the requirement for Participants of NSXA (other than NSXA AOP Participants) to comply with the Rules until a specified date in the future (Proposal B6).

The proposals acknowledged that the Pre-Commencement Market Integrity Rules do not apply to Participants of the NSXA Market.

In November 2017, ASIC made the Rules and released Report 547 Response to submissions on CP 277 Proposals to consolidate the ASIC market integrity rules (REP 457). Among other things, ASIC announced in REP 547 that it would grant Participants of the NSXA Market (other than NSXA AOP Participants) a waiver from their obligations to comply with the Rules until Monday 6 May 2019 to facilitate their transition to compliance with the Rules.

2.                                                Purpose of the instrument

 

The purpose of this instrument is to provide to certain Participants of the NSXA Market transitional relief until 6 May 2019 from the obligation to comply with any provision of the Rules. A person who is an NSXA AOP Participant or a Participant of the NSXA Market and one or more other Markets does not have the benefit of the relief.

The relief in the instrument is consistent with Proposal B6 in CP 277 and ASIC’s policy announcement in REP 547 (as described in the Overview).

3.                                                Operation of the instrument

 

Name of the legislative instrument

Section 1 of the instrument provides that it is the ASIC Market Integrity Rules (Securities Markets – Capital) Class Waiver 2018/259.

Commencement

Section 2 of the instrument provides that it commences the day after it is registered on the Federal Register of Legislation.

Authority

Section 3 provides that the instrument is made under subrule 1.2.1(1) and Rule 1.2.3 of the Rules.

Interpretation

Subsection 4(1) of the instrument provides that in the instrument, unless the contrary intention appears, capitalised terms have the same meaning as in the Rules.

Subsection 4(2) of the instrument provides that in the instrument a reference to time is to the time in Sydney, Australia.

Transitional arrangements for Participants of the NSXA Market

Subsection 5(1) of the instrument provides that, subject to subsection 5(2), a Participant of the NSXA Market does not have to comply with any provision of the Rules.

Subsection 5(2) of the instrument provides that the relief in subsection 5(1) does not apply to a person who is:

(a)    an NSXA AOP Participant; or

 

(b)    a Participant of the NSXA Market and one or more other Markets.

Period during which the relief applies

Section 6 of the instrument provides that the relief in subsection 5(1) applies until 6 May 2019.

 

4.                                                Consultation

 

ASIC consulted extensively with market operators, market participants and industry bodies before making the instrument.

The consultation period for CP 277 occurred between 24 January 2017 and 7 March 2017. ASIC held over 25 meetings with stakeholders during and following that period. In addition, ASIC consulted ASIC’s Market Advisory Panel on the proposals. ASIC received five non-confidential submissions and six confidential submissions to CP 277 from a broad range of stakeholders including from market participants, market operators and industry associations.  

Most of the consultation responses to Proposal B6 were generally supportive. In its submissions, NSXA expressed the view that the existing capital rules in NSXA’s operating rules are appropriate for Participants of the NSXA Market other than NSXA AOP Participants, having regard to Participants’ trading volumes and risk profiles. NSXA also submitted that, if ASIC proceeded with Proposal B6, the proposed waiver for certain Participants of the NSXA Market should apply until 18 months after the commencement of the Rules.

The Office of Best Practice Regulation has assessed the proposals implemented by the Rules and the instrument as having a minor impact on business, community organisations or individuals and confirmed that no further analysis, in the form of a Regulatory Impact Statement is required (OBPR ID 22449).

.

Overview

The ASIC Market Integrity Rules (Securities Markets – Capital) Class Waiver 2018/259 was enacted by the Australian Securities and Investments Commission (ASIC) under the Corporations Act 2001. This waiver was introduced to address the need for transitional relief for certain participants of the NSXA Market, allowing them time to adjust to new market integrity rules. The legislation aims to provide a temporary exemption from compliance with the rules for these participants, facilitating their transition until a specified date. The waiver is consistent with the policy objective outlined in Consultation Paper 277 and the subsequent policy announcement in Report 547, which proposed consolidating various market integrity rules into a single rule book applicable to participants of licensed domestic markets for securities.

Scope and Application

The ASIC Market Integrity Rules (Securities Markets – Capital) Class Waiver 2018/259 applies to participants of the NSXA Market, excluding NSXA AOP Participants and those who are also participants of one or more other markets. This waiver is intended to offer transitional relief from the obligation to comply with the ASIC Market Integrity Rules (Securities Markets – Capital) 2017 until 6 May 2019. The waiver is a measure to facilitate the transition of NSXA Market participants to compliance with the consolidated capital rules, which were introduced as part of ASIC's initiative to streamline the market integrity rules across different domestic licensed markets for securities. The waiver does not extend to NSXA AOP Participants or those who are simultaneously participants in other markets, ensuring that the waiver is targeted and does not undermine the intended uniformity and effectiveness of the new rules. The waiver is a specific application of ASIC's broader powers under the Corporations Act 2001 to provide relief from compliance obligations, tailored to address the unique circumstances of the NSXA Market participants.

Key Provisions

The ASIC Market Integrity Rules (Securities Markets – Capital) Class Waiver 2018/259 (the "Waiver") is designed to provide transitional relief to certain participants of the NSXA Market from complying with the ASIC Market Integrity Rules (Securities Markets – Capital) 2017 (the "Rules") until a specified date. Under subsection 5(1) of the Waiver, participants of the NSXA Market are relieved from the obligation to comply with any provision of the Rules, but this relief does not extend to NSXA AOP Participants or to participants who operate in both the NSXA Market and one or more other markets (subsection 5(2)). The relief provided by the Waiver applies until 6 May 2019 (section 6). The obligations imposed by the Waiver on the parties it governs are primarily centred around ensuring that those eligible for the waiver adhere to the specified conditions. Specifically, participants of the NSXA Market are required to refrain from complying with the Rules until the waiver expires on 6 May 2019. Additionally, NSXA AOP Participants and participants operating in both the NSXA Market and one or more other markets are excluded from the relief and must comply with the Rules at all times. For those who breach the conditions of the Waiver, there are potential civil and criminal consequences. While the Waiver itself does not explicitly state penalties for non-compliance, breaches of the Rules from which the waiver provides relief could result in enforcement actions by ASIC. Such actions may include financial penalties, public reprimands, and in severe cases, legal action which could lead to criminal charges. The exact penalties would depend on the specific breach and the provisions of the Rules being contravened, but they could potentially include substantial fines and, in the case of criminal offences, imprisonment.

Legal classification tags

Area of Law
Commercial Law
Instrument
Regulation
Concepts
Commencement Provisions
Transitional Provisions
Enforcement Powers
Regulatory Standards
Catchwords
Waiver

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.