Regulations and Requirements

What are the important ASIC Regulations

Derivative transaction reporting

The ASIC Derivative Transaction Rules (Reporting) 2022 set out the requirements for reporting entities to report derivative transaction information to derivative trade repositories.

Rules

Until 20 October 2024 inclusive:

ASIC Derivative Transaction Rules (Reporting) 2022

After 20 October 2024: 

ASIC Derivative Transaction Rules (Reporting) 2024

Guidance

Regulatory Guide 251 Derivative transaction reporting (RG 251)

Frequently asked questions

Minister’s Determination

Corporations (Derivatives) Determination 2013

determines the classes of derivatives in relation to which reporting requirements may be imposed

ASIC Determinations

Excluded Derivative determination

determines equity derivatives, CFDs and Margin FX as OTC Derivatives required to be reported by ‘lifecycle’ reporting under Rule 2.2.8

Regulated Foreign Markets

determines foreign financial markets whose derivatives are not OTC Derivatives under Rule 1.2.4

Exemptions

Regulations 7.5A.70-74 of the Corporations Regulations 2001

exempts small-scale entities from reporting in certain circumstances

Exemption relief from the ASIC Derivative Transaction Rules (Reporting) 2022

other exemption instruments

Consultations

  • Consultation Paper 361 Proposed changes to simplify the ASIC Derivative Transaction Rules (Reporting): Second consultation (CP 361)
  • Consultation Paper 334 Proposed changes to simplify the ASIC Derivative Transaction Rules (Reporting): First consultation (CP 334)
  • Report 755 Response to submissions on CP 361 Proposed changes to simplify the ASIC Derivative Transaction Rules (Reporting): Second consultation (REP 755)

Past 2013 Rules (old)

From 10 July 2013 until 20 December 2022

ASIC Derivative Transaction Rules (Reporting) 2013

The 2024 Rules from 21 October 2024

On 19 December 2022, ASIC made ASIC Derivative Transaction Rules (Reporting) 2024, which repeal and remake ASIC Derivative Transaction Rules (Reporting) 2022 on 21 October 2024.

Rules

ASIC Derivative Transaction Rules (Reporting) 2024

Comparison – 2024 Rules vs 2022 Rules

Consultations

  • Consultation Paper 361 Proposed changes to simplify the ASIC Derivative Transaction Rules (Reporting): Second consultation (CP 361)
  • Consultation Paper 334 Proposed changes to simplify the ASIC Derivative Transaction Rules (Reporting): First consultation (CP 334)
  • Report 755 Proposed changes to simplify the ASIC Derivative Transaction Rules (Reporting): Second consultation (REP 755)

ISO 20022 Universal financial industry message scheme

The 2024 Rules require reporting to a trade repository using the XML tags of an ISO 20022 message definition whose message elements include all of the Derivative Transaction Information set out in Part S1.3 – see Rule 2.2.4.

The relevant current ISO 20022 message definitions and external code sets in the Financial Instruments and Transactions Regulatory Reporting (Trade Repository Reporting) message set are:

Transaction and Valuation reporting

DerivativesTradeReportV03
auth.030.001.03

Collateral reporting

DerivativesTradeMarginDataReportV01
auth.108.001.01

External code sets | ISO20022

ExternalBenchmarkCurveName1Code

ExternalUnitOfMeasure1Code

To provide industry with some initial information of ASIC’s views on the relationship between the 2024 Rules data elements and the ISO 20022 base message elements, ASIC has prepared this ASIC preliminary mapping of the 2024 Rules data elements to the ISO 20022 message elements and XML tags. We intend to seek industry design views in the development of final schema designs for reporting under the 2024 Rules.

Further consultation in 2023

In CP 361, we set out a number of outstanding matters that we had deferred to a third consultation – see Section J ‘Outstanding matters’:

  • Alternative reporting
  • Excluding exchange-traded derivatives
  • Reporting by foreign entities trading with Australian wholesale clients

Our indicative consultation timeline is:

Consultation Round 3

Q2 2022

Further Rules amendments made (if any)

To be confirmed

Further Rules amendments commence (if any)

21 October 2024

Registered TRs Link

FAQ Link