ASIC Market Integrity Rules (Securities Markets) Determination 2018/208

I, Anthony Graham, delegate of the Australian Securities and Investments Commission, make the following legislative instrument.

Date 29 March 2018

Contents

Part 1—Preliminary

1 Name of legislative instrument

2 Commencement

3 Authority

4 Interpretation

Part 2—Determination

5 Responsible Market Operator for Equity Market Products

Part 1—Preliminary

1 Name of legislative instrument

This is the ASIC Market Integrity Rules (Securities Markets) Determination 2018/208.

2 Commencement

This instrument commences on the day that is 60 business days after it is registered on the Federal Register of Legislation.

Note: The register may be accessed at www.legislation.gov.au.

3 Authority

This instrument is made under paragraph 1.4.5(1)(b) of the ASIC Market Integrity Rules (Securities Markets) 2017 (Rules). 

4 Interpretation

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

(2) In this instrument:

Act means the Corporations Act 2001.

listing market has the same meaning as in section 9 of the Act.

quoted ED security has the same meaning as in section 111AM of the Act.

Part 2—Determination

5 Responsible Market Operator for Equity Market Products

(1)  The Responsible Market Operator in relation to an Equity Market Product that is able to be traded on more than one Market and is a quoted ED security is the operator of the listing market in relation to:

(a) if the Equity Market Product is a quoted ED security because of subsection 111AE(1) of the Act—the Issuer of the Equity Market Product; and

(b)  if the Equity Market Product is a quoted ED security because of subsection 111AE(1A) of the Act—the undertaking to which the Equity Market Product relates.

(2) The Responsible Market Operator in relation to an Equity Market Product that is able to be traded on more than one Market and is not a quoted ED security is:

(a) the Market operator (and if more than one, the first such Market operator) with whom:

(i) if the Equity Market Product is an interest in a managed investment scheme—the operator of the scheme;

(ii) otherwise—the Issuer of the Equity Market Product;

has an agreement in force under which the Issuer or operator of the scheme agrees to be bound by operating rules of the Market that deal with admission of that class of financial product to quotation; or

(b) otherwise, the operator of the first of those Markets on which the Equity Market Product is admitted to quotation.