ASIC: Can an Australian regulator access the derivative trade information held by a licensed trade repository?
Yes. An operator of a licensed trade repository must provide to each of ASIC, the Reserve Bank of Australia and the Australian Prudential Regulatory Authority (each being an Australian regulator) continuous, direct and immediate electronic access (at no charge) to, among other things, derivative trade information retained in the trade repository and reported in accordance with the derivative trade repository rules, if requested by that Australian regulator: Rule 2.3.4(5) (Trade Repository).
The operator of a licensed trade repository is excused from complying with a request from an Australian regulator unless the request is for derivative trade information that is required by the Australian regulator in connection with the performance of its functions or exercise of its powers: Rule 2.3.4(6) (Trade Repository).
(Published 19 June 2014)