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ASIC Regulated Foreign Markets Determination 2023/346

I, Benjamin Cohn-Urbach, delegate of the Australian Securities and Investments Commission, make the following legislative instrument.

 

Date 25 August 2023

 

 

Benjamin Cohn-Urbach

 

Contents

Part 1—Preliminary

1 Name of legislative instrument

2 Commencement

3 Authority

4 Definitions

Part 2—Determination

5 Determination

Part 3—Notice of Withdrawal

6 Notice of Withdrawal

Part 4—Repeal

7 Repeal

Part 1—Preliminary

1 Name of legislative instrument

This is the ASIC Regulated Foreign Markets Determination 2023/346.

2 Commencement

(1) This instrument (other than section 5) 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.

(2) Subsections 5(1) and (3) commence on 21 December 2022.

(3) Subsection 5(2) commences on 21 October 2024.

3 Authority

This instrument is made under subrules 1.2.4(3) and (5) of the ASIC Derivative Transaction Rules (Reporting) 2022 and subrules 1.2.4(3) and (5) of the ASIC Derivative Transaction Rules (Reporting) 2024.

4 Definitions

In this instrument:

2022 Rules means the ASIC Derivative Transaction Rules (Reporting) 2022 and from.

2024 Rules means the ASIC Derivative Transaction Rules (Reporting) 2024.

SEC Regulated Market means a financial market which is registered with the Securities and Exchange Commission of the United States of America as a national securities exchange under section 6 of the Securities Exchange Act of 1934 of the United States of America.

UK Regulated Market means a regulated market which is a recognised investment exchange under section 285 of the United Kingdom Financial Services and Markets Act 2000, but not an overseas investment exchange within the meaning of section 313(1) of that Act.

  

Part 2—Determination

5 Determination

Regulated Foreign Markets

(1) The financial markets specified in subsection (3) are Regulated Foreign Markets for the purposes of subrule 1.2.4(3) of the 2022 Rules.

(2) The financial markets specified in subsection (3) are Regulated Foreign Markets for the purposes of subrule 1.2.4(3) of the 2024 Rules.

(3) The following financial markets are specified in this subsection:

(a) the BM&FBOVESPA Segment of B3 - Brasil Bolsa Balcão S.A;

(b) Borsa Istanbul – Futures and Options Market;

(c) Bourse de Montreal;

(d) BSE Limited (Bombay Stock Exchange);

(e) Bursa Malaysia Derivatives Market;

(f) China Financial Futures Exchange;

(g) CME Globex;

(h) Dalian Commodity Exchange;

(i) Dubai Gold & Commodities Exchange;

(j) Dubai Mercantile Exchange;

(k) EPEX Spot SE;

(l) the financial market operated by Hong Kong Futures Exchange Limited;

(m) HUPX Ltd Hungarian Power Exchange;

(n) ICE Futures Canada;

(o) the following financial markets operated by the Johannesburg Stock Exchange:

(i) JSE Commodity Derivatives Market;

(ii) JSE Currency Derivatives Market;

(iii) JSE Equity Derivatives Market;

(iv) JSE Interest Rate Derivatives Market;

(p) Korea Exchange;

(q) Mexican Derivatives Exchange;

(r) Moscow Exchange – Derivatives Market;

(s) National Stock Exchange of India;

(t) NZX Derivatives Market;

(u) Osaka Exchange;

(v) Power Exchange Central Europe;

(w) an SEC Regulated Market;

(x) Shanghai Futures Exchange;

(y) Singapore Exchange Derivatives;

(z) the financial market operated by The Stock Exchange of Hong Kong Limited;

(aa) Taiwan Futures Exchange;

(bb) Tel Aviv Stock Exchange;

(cc) Thailand Futures Exchange as part of Stock Exchange of Thailand;

(dd) Tokyo Commodity Exchange;

(ee) Tokyo Financial Exchange;

(ff) Tokyo Stock Exchange;

(gg) Toronto Stock Exchange;

(hh) a UK Regulated Market.

 


Part 3—Notice of Withdrawal

6 Notice of Withdrawal

(1) To the extent it is still in force, ASIC Regulated Foreign Markets Determination [OTC DET 13/1145] is withdrawn at the start of the day that is one month after the day this instrument is registered on the Federal Register of Legislation.

(2) The determination in subsection 5(1) is withdrawn at the start of 21 October 2024.

(3) The determination in subsection 5(2) is withdrawn at the start of 1 April 2033.

Part 4—Repeal

7 Repeal

(1) To the extent it has not already been repealed, ASIC Regulated Foreign Markets Determination [OTC DET 13/1145] is repealed at the start of the day that is one month after the day this instrument is registered on the Federal Register of Legislation.  

(2) Subsection 5(1) is repealed at the start of 21 October 2024.

(3) This instrument is repealed at the start of 1 April 2033.