Key Documents
Under section 828A of the Corporations Act 2001, the Australian Securities and Investments Commission (ASIC) may make clearing and settlement services (CS services) rules imposing requirements dealing with the activities, conduct and governance arrangements of CS facility licensees and associated entities, in relation to determined CS services. Determined CS services are those covered by a Ministerial determination made under section 828B.
Part XICB of the Competition and Consumer Act 2010 (CCA) provides for an arbitration regime for persons seeking access to CS services. Under Part XICB the arbitration regime is only open to access seekers seeking access to a declared CS service. Declared CS services are those covered by Ministerial declarations made under 153ZEF.
The Corporations and Competition (CS Services) Instrument 2024 specifies the classes of CS services in relation to which ASIC may impose requirements under the CS services rules, and the declared CS services to which access may be the subject of negotiations or arbitration under Part XICB of the CCA.
Treasury invites feedback from stakeholders on the proposed definition of ‘cash equities’ contained in this Instrument, and on whether there is, in their view, competition in any of the CS services proposed to be covered by the draft instrument – that is, those covered by the proposed cash equity definition.