Open on EUR-Lex ↗

Recital 6

Recital 6

(6)The legally binding requirements of Australia for CCPs authorised therein consist of the Corporations Act 2001 (‘Corporations Act’), which together with the Corporations Regulations 2001 (‘Corporations Regulations’), establish the legal framework for clearing and settlement facilities (‘CS facilities’). Part 7.3 of the Corporations Act provides that before granting a licence to carry out the activities of clearing or settlement, the Minister must be satisfied, among other things, that the CCP concerned has adequate operating rules and procedures which conform to the applicable laws and regulations to ensure, as far as it is reasonably practicable, that systemic risk is reduced and that the CCP is operated in a fair and effective manner. The CCP must also have adequate arrangements for handling conflicts of interest and for enforcing its internal rules and procedures. The Australian Securities and Investments Commission (‘ASIC’) and the Reserve Bank of Australia (‘RBA’) advise the Minister regarding the granting of CS facilities' licences and changes of their internal rules and procedures, and are in charge of assessing, and in the case of ASIC of enforcing, CCPs' compliance with their obligations under the Corporations Act.

Official text · the act as publishedFrom the act as published (consolidated texts do not carry recitals or the preamble). Open full page ↗
6 queries · page built in 3 msInventory f82bbfa3