ASIC Market Integrity Rules (Securities Markets) Class Waiver 2018/266

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

Date 23 April 2018

Contents

Part 1—Preliminary

1 Name of legislative instrument

2 Commencement

3 Authority

4 Interpretation

Part 2—Waiver

5 Waiver from paragraph 5A.2.2(1)(a) of the Rules

6 Waiver from subrule 5A.2.2(2) of the Rules

Part 1—Preliminary

1 Name of legislative instrument

This is the ASIC Market Integrity Rules (Securities Markets) Class Waiver 2018/266.

2 Commencement

This instrument commences on the day after this instrument 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 subrule 1.2.1(1) of the ASIC Market Integrity Rules (Securities Markets) 2017 (Rules).

4 Interpretation

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

Part 2—Waiver

5 Waiver from paragraph 5A.2.2(1)(a) of the Rules

(1) A Market Participant that operates a Crossing System does not have to comply with paragraph 5A.2.2(1)(a) of the Rules.

(2) The relief in subsection (1) is subject to the condition that the Market Participant must, prior to accepting an Order from a client for the first time which may be matched on the Participant’s Crossing System, provide the client with a copy of the Publicly Available Crossing System Information or inform the client of the website address where that information is available.

Note:  The conditions imposed on a waiver must be complied with in order for the waiver to be effective: subrule 1.2.1(2) of the Rules.

6 Waiver from subrule 5A.2.2(2) of the Rules

(1) A Market Participant that operates a Crossing System does not have to comply with subrule 5A.2.2(2) of the Rules.

(2) The relief in subsection (1) is subject to the condition that the Market Participant must:

(a) prior to accepting an Order from a client for the first time which may be matched on the Participant’s Crossing System; and

(b) prior to accepting an Order from a client which may be matched on the Participant’s Crossing System after the Non-Public Crossing System Information has been updated under subrule 5A.2.2(3) of the Rules;

provide that client with a document containing the Non-Public Crossing System Information, in relation to that Crossing System.

Note:  The conditions imposed on a waiver must be complied with in order for the waiver to be effective: subrule 1.2.1(2) of the Rules.