ASIC Corporations (Amendment) Instrument 2023/2

I, Calissa Aldridge, delegate of the Australian Securities and Investments Commission, make the following legislative instrument.

Date  16 January 2023

Contents

Part 1—Preliminary

1 Name of legislative instrument

2 Commencement

3 Authority

4 Schedules

Schedule 1—Amendments

ASIC Corporations (NZD Denominated Client Money) Instrument 2018/152

Part 1—Preliminary

1 Name of legislative instrument

This is the ASIC Corporations (Amendment) Instrument 2023/2.

2 Commencement

This instrument commences on the day 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 992B(1)(c) of the Corporations Act 2001.

4 Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

ASIC Corporations (NZD Denominated Client Money) Instrument 2018/152

1 Section 5 (notional subparagraph 981B(1)(a)(iii))

After “if the money is ASX 24 NZD futures contract money”, insert “or ASX NZD OTC clearing derivative money”.

2 Section 5 (notional subsection 981B(3))

Insert the following definitions:

ASX NZD OTC clearing derivative means a New Zealand dollar-denominated OTC derivative that is cleared or to be cleared by ASX Clear (Futures) Pty Limited (ACN 050 615 864).

ASX NZD OTC clearing derivative money means money to which this Subdivision applies and in relation to which:

(a) the financial service referred to in subparagraph 981A(1)(a)(i) is or relates to a dealing in an ASX NZD OTC clearing derivative; or

(b) the financial product referred to in subparagraph 981A(1)(a)(ii) is an ASX NZD OTC clearing derivative.

OTC derivative means a derivative that is not able to be traded on a prescribed financial market.