ASIC: Can a licensed trade repository use or publish derivative trade information?
Licensed derivative trade repositories are subject to the Corporations Act and the derivative trade repository rules which restrict the use or disclosure of derivative trade data reported to the derivative trade repository: section 904B of the Corporations Act and Part 2.3 of the derivative trade repository rules (Part 2.3 (Trade Repository)).
The operator of a licensed derivative trade repository must create and disclose certain statistical data based on derivative trade information that is retained by the trade repository and was reported to the trade repository under the derivative trade repository rules: Rule 2.3.5 (Trade Repository).
The operator of a licensed derivative trade repository must, for each seven day calendar period commencing from the day the operator first accepts a report of relevant derivative trade information, create certain statistical data from the relevant derivative trade information. The statistical data required to be created is set out in Rule 2.3.5(2) (Trade Repository).
The operator of a licensed derivative trade repository must disclose such statistical data (including certain breakdowns set out in Rule 2.3.5(3) (Trade Repository)) by making the statistical data available at no charge and through a publicly accessible website: Rule 2.3.5(5) (Trade Repository).
The statistical data published by the operator of a licensed derivative trade repository under the derivative trade repository rules must not include derivative trade information which is capable of identifying any counterparty to a derivative transaction: Rule 2.3.5(6) (Trade Repository).
(Updated 19 June 2014)