Register of waivers granted under ASIC market integrity rules

ASIC has the responsibility for granting waivers from the obligation to comply with a provision of the market integrity rules and ASIC may publish a notice of a waiver on our website. Notice of waivers granted by ASIC under each rule book is set out below.

See waivers granted under:

ASIC Market Integrity Rules (ASX Market) 2010

ASIC Market Integrity Rules (ASX 24 Market) 2010

ASIC Market Integrity Rules (Chi-X Australia Market) 2011

ASIC Market Integrity Rules (Competition in Exchange Markets) 2011

ASIC Market Integrity Rules (APX Market) 2010

ASIC Market Integrity Rules (IMB Market) 2010

ASIC Market Integrity Rules (NSXA Market) 2010

ASIC Market Integrity Rules (SIM VSE Market) 2010

ASIC Market Integrity Rules (ASX Market) 2010

Date of instrument	Instrument No	Entity	Effect of waiver
24/8/2011	[11/835]	CMC Markets Stockbroking Limited	Conditional - Waiver of Rule 3.5.3 to allow the market participant to deposit money received from a client who is a resident of New Zealand in a clients' segregated account or a clients' trust account with the Bank of New Zealand.
5/9/2012	[CW 12/1143]	Class Rule Waiver	Unconditional - Class Rule Waiver [CW 12/1143] gives effect to the transitional implementation period for Market Participants by waiving the obligation to comply with Part 5.11 of the ASX Rules until 20 January 2013. Explanatory statement

ASIC Market Integrity Rules (ASX 24 Market) 2010

Date of instrument	Instrument No	Entity	Effect of waiver
10/10/2011	[CW 11/734]	Class Rule Waiver	Conditional - Class Rule Waiver [CW 11/734] relieves an ASX 24 market participant from the obligation to have in force a client agreement containing a term to the effect of the acknowledgement specified in Rule 2.2.5(1)(b)(vi) of the ASX 24 Rules in respect of certain kinds of clients on whose behalf they acquire and dispose of contracts on the ASX 24 market. Explanatory statement
14/3/2012	12/0322	Interactive Brokers LLC	Conditional - Waiver of the obligation in subrule 6.2.1(1) to prepare and deliver to ASIC a monthly return within ten business days of months's end, as set out by paragraph 6.2.1(2)(b), providing the monthly return is prepared and delivered to ASIC within fifteen business days.

ASIC Market Integrity Rules (Chi-X Australia Market) 2011

Date of instrument	Instrument No	Entity	Effect of waiver
13/12/2011	11/1334	Interactive Brokers LLC	Conditonal - Waiver of the obligation in subrule 9.2.3(1) to prepare and deliver to ASIC a monthly return within ten business days of month's end, as set out by paragraph 9.2.3(1)(a) and (b), providing the monthly return is prepared and delivered to ASIC within fifteen business days.
5/9/2012	[CW 12/1144]	Class Rule Waiver	Unconditional - Class Rule Waiver [CW 12/1144] gives effect to the transitional implementation period for Market Participants by waiving the obligation to comply with Part 5.11 of the Chi-X Rules until 20 January 2013. Explanatory statement

ASIC Market Integrity Rules (Competition in Exchange Markets) 2011

Date of instrument	Instrument No	Entity	Effect of waiver
27/10/2011	[CW 11/1103]	Class Rule Waiver	*Withdrawn on 31/12/2012 – see ASIC Class Rule Waiver [CW 12/1710**] . From 31/10/2011 to 31/12/2012 ASIC Class Rule Waiver [CW 11/1103] relieved ASX and Chi-X market participants from the obligation to comply with Rule 4.1.1(1) of the Competition Rules for:* ETF Special Trades, Transactions on the VolumeMatch Book, certain Special Crossings and a Crossing of a Derivative/Cash Combination; and a Trade At or Within the Spread where the Best Available Bid and Best Available Offer does not include PureMatch data. ASIC Class Rule Waiver [CW 11/1103] also relieved primary market transactions, securities lending and borrowing arrangements for Equity Market Products from Rule 4.1.1(1) of the Competition Rules.
28/10/2011	[11/1109]	ASX Limited	Unconditional - Waiver relieves ASX from the obligation to comply with Part 2.1 of the Competition Rules from 31 October 2011 up to and including to the earlier of 27 November 2011 and the day before the day on which the order book maintained by or on behalf of ASX and known as "PureMatch" commences operating.
28/10/2011	[11/1110]	ASX Limited	*Withdrawn on 28/11/2011 – see ASIC Waiver [11/1253***]. From 28/10/2011 to 27/11/2011 ASIC Waiver [11/1110] relieved ASX from the obligation to comply with the provisions of Parts 2.2 and 2.3 of the Competition Rules, in the case where compliance with the obligation in Rule 2.2.2(1) of the Competition Rules resulted in ASX determining a Reference Price for an Equity Market Product on the basis of a Transaction that was aberrant or erroneous. The conditions of the waiver had the effect that ASX was required to comply with the provisions of Parts 2.2 and 2.3 during that period using an alternative Reference Price determined by ASX.
28/10/2011	[11/1111]	ASX Limited	*Withdrawn on 31/12/2012* – *see ASIC Waiver [12/1770***]. From 31/10/2011 to 31/12/2012 ASIC Waiver [11/1111] relieved ASX from the obligation to comply with Rule 4.1.2(1) of the Competition Rules in the case of an Order that is entered into, matched in or partially traded in the VolumeMatch Book or an Order that, if executed, would result in a Crossing of a Derivative/Cash Combination.
28/10/2011	[11/1113]	Chi-X Australia Pty Ltd	Conditional - Waiver relieves Chi-X from the obligation to comply with the provisions of Parts 2.2 and 2.3 of the Competition Rules, to the extent Chi-X is required to use the ASX Reference Price for the purposes of those provisions, from 31 October 2011 to 10 February 2012 (inclusive).The conditions of the waiver have the effect that Chi-X must comply with the provisions of Parts 2.2 and 2.3 using an alternative Reference Price determined by Chi-X.
28/11/2011	[11/1114]	ASX Limited	Unconditional - Waiver relieves ASX from the obligation to comply with: the provisions of Part 2.1 of the Competition Rules in the case of an Equity Market Product that is not quoted on at least two of TradeMatch, PureMatch and the Chi-X Market, from 28 November 2011 to 28 November 2012 (inclusive); Rule 2.1.3 of the Competition Rules to the extent that Rule 2.1.3 requires ASX to have in place controls to prevent Anomalous Orders from entering an Order Book of the ASX Market at a time on a Trading Day during which Orders are not matched and Transactions are not executed on a continuous basis on the relevant Order Book or an auction is being conducted on the relevant Order Book; and Rule 2.1.3 of the Competition Rules in the case of an Order to enter into a Combination.
28/11/2011	[11/1253]	ASX Limited	*Withdrawn on 27/11/2012 – see ASIC Waiver [12/1600***]. From 28/11/2011 to 27/11/2012 ASIC Waiver [11/1253] relieved ASX from the obligation to comply with the provisions of Parts 2.2 and 2.3 of the Competition Rules. The conditions of the waiver had the effect that ASX must comply with the provisions of Parts 2.2 and 2.3 using an alternative Reference Price determined by ASX for each order book (PureMatch and TradeMatch), or a revised alternative Reference Price where the alternative Reference Price is determined on the basis of a Transaction that is aberrant or erroneous.
28/2/2012	[CW 12/233]	Class Rule Waiver	*Withdrawn on 31/12/2012 – see ASIC Class Rule Waiver [CW 12/1710] .* ASIC Class Rule Waiver [CW 12/233] amended paragraph 5 of ASIC Class Rule Waiver [CW 11/1103] to extend relief given to Participants of the financial markets operated by ASX and Chi-X from the obligation to comply with Rule 4.1.1(1) of the Competition Rules in the case of a Trade at or Within the Spread where the Best Available Bid and Best Available Offer did not include PureMatch data.
25/10/2012	[CW 12/1520]	Class Rule Waiver	Unconditional (Rule 3.1.1(1))/Conditional (Rule 3.2.3(2)) - Class Rule Waiver [CW 12/1520] extends the transitional implementation period for ASX Participants by an additional 5 months, by waiving part of the obligation to comply with rules 3.1.1 and 3.2.3(2) of the ASIC Market Integrity Rules (Competition in Exchange Markets) 2011 until 1 March 2013. Explanatory statement
23/11/2012	[12/1599]	Chi-X Australia Pty Ltd	Conditional – Waiver relieves Chi-X, between 27 November 2012 and 26 May 2013 (inclusive), from the obligation to comply with: Subrules 2.2.2B(2) and 6.2.1(1) of the Competition Rules to the extent those provisions require Chi-X to immediately notify ASX, through an electronic data feed and in a machine-readable format, of an ETR Event on an Order Book of Chi-X’s Market, and paragraph 2.2.4(2)(ab) to the extent that provision requires Chi-X to have adequate arrangements for notifying ASX in accordance with subrule 2.2.2B(2). The waiver is subject to the condition that Chi-X must notify ASX without delay by another appropriate means, and must have adequate arrangements for doing so; and Subrules 2.2.2C(2) and 6.1.2(1) to the extent those provisions require Chi-X to place a Relevant Product into a Trading Pause on its Market immediately upon receipt of a notification from ASX of a Trading Pause as a result of an ETR Event in relation to that Relevant Product. The waiver is subject to the condition that Chi-X must place the Relevant Product into a Trading Pause on its Market as soon as practicable upon receipt of the notification. Unconditional - Waiver relieves Chi-X, until the waiver is withdrawn, from the obligation to comply with Rule 6.1.1 of the Competition Rules to the extent it requires Chi-X to notify ASX each time Chi-X imposes, lifts or removes a Trading Suspension on the Chi-X Market as a result of a notification from ASX of the imposition, lifting or removal of a Trading Suspension on the ASX Market.
23/11/2012	[12/1600]	ASX Limited	Unconditional – Waiver relieves ASX, between 27 November 2012 and 26 May 2013 (inclusive), from the obligation to comply with: Rule 2.1.3 of the Competition Rules to the extent that provision requires ASX to have in place adequate controls to prevent an Anomalous Order that is a Centre Point Market Order, Centre Point Block Order, Market to Limit Order, or Sweep Market to Limit Order from entering an Order Book of its Market; and Rule 2.2.2A to the extent that provision requires ASX to have in place adequate controls to prevent a Transaction resulting from a Centre Point Market Order, Centre Point Block Order, Market to Limit Order, or Sweep Market to Limit Order executing in the Extreme Trade Range for the Relevant Product. Conditional – Waiver relieves ASX, until the waiver is withdrawn, from the obligation to comply with paragraph 2.3.1(2)(a) to the extent that provision requires ASX to have a policy that a Transaction resulting from a Centre Point Market Order, Centre Point Block Order, Market to Limit Order or Sweep Market to Limit Order executed within the Extreme Trade Range and identified by or to ASX will be cancelled. The conditions of the waiver have the effect that ASX must cancel the Transaction if it is identified by or to ASX within 30 minutes from the time of execution and no later than 10 minutes after the end of Trading Hours for the ASX Market. ASIC Waiver [11/1253] is withdrawn.
23/11/2012	[12/1601]	ASX Limited	Conditional - Waiver relieves ASX from the obligation to comply with paragraph 2.2.2C(1)(c) of the Competition Rules to the extent that provision requires ASX to immediately impose a Trading Pause on a Relevant Product for a period of two minutes following an ETR Event. The waiver applies between 27 November 2012 and 26 May 2013 (inclusive) and is subject to the condition that ASX must as soon as practicable impose a Trading Pause on the Relevant Product for a period of not less than one minute, unless a CSPA Session State or Pre-CSPA Session State would occur during the one minute period. Unconditional – Waiver relieves ASX from the obligation to comply with paragraph 2.2.2C(1)(c), to the extent that provision requires ASX to impose a Trading Pause on a Relevant Product for a two minute period following an ETR Event, where a CSPA Session State or Pre-CSPA Session State would occur during the two minute period. The waiver applies on 27 May 2013 until withdrawn. Conditional – Waiver relieves ASX, between 27 November 2012 and 26 May 2013 (inclusive), from the obligation to comply with paragraph 2.2.2C(1)(d), subrule 2.2.2C(4), paragraphs 6.1.1(1)(a) and (b), and subrule 6.2.1(1), to the extent those provisions require ASX to immediately notify Chi-X, through an electronic data feed and in a machine-readable format, that a Trading Pause has been imposed, lifted or removed in relation to a Relevant Product, and subrule 2.2.4(1) to the extent that provision requires ASX to have adequate arrangements for notifying Chi-X under paragraph 2.2.2C(1)(d) and subrule 2.2.2C(4). The waiver is subject to the condition that ASX notify Chi-X without delay by another appropriate means, and have adequate arrangements for doing so. Unconditional – Waiver relieves ASX from the obligation to comply with Rule 6.1.1 to the extent that Rule requires ASX to notify Chi-X each time ASX imposes, lifts or removes a Trading Suspension on the ASX Market, as a result of a notification from Chi-X of the imposition, lifting or removal of a Trading Suspension on the Chi-X Market. The waiver applies until withdrawn.
13/12/2012	[CW 12/1710]	Class Rule Waiver	Unconditional – From 1 January 2013, Class Rule Waiver [CW 12/1710] relieves ASX and Chi-X market participants from the obligation to comply with Rule 4.1.1(1) of the Competition Rules in the case of: ETF Special Trades and Crossings of a Derivative/Cash Combination; a Trade At or Within the Spread where the Best Available Bid and Best Available Offer does not include PureMatch data. ASIC Class Rule Waivers [CW 11/1103] and [CW 12/233] are withdrawn. Explanatory statement
24/12/2012	[12/1770]	ASX Limited	Unconditional – From 1 January 2013, ASIC Waiver [12/1770] relieves ASX from the obligation to comply with Rule 4.1.2(1) of the Competition Rules in the case of an Order that, if executed, would result in a Crossing of a Derivative/Cash Combination.
4/4/2013	[13/365]	ASX Limited	Unconditional – From 4 April 2013 until 30 June 2013, ASIC Waiver [13/365] relieves ASX Limited (ASX) from the obligation to comply with Rule 5.1.6(1) of the ASIC Market Integrity Rules (Competition in Exchange Markets) 2011 (Competition Rules) to the extent that Rule 5.1.6(1) requires ASX to make available Trading Information specified in items 7 and 8 in the table set out in Rule 5.1.6(3) of the Competition Rules.