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ARTICLE · 04 AUGUST 2012

Regulating OTC Derivatives - Australian government releases draft legislation for public comment

The Derivatives Bill proposes to amend the Corporations Act 2001 to provide for the regulation of derivatives transactions.

AustraliaFinance and Banking
Vittorio Casamento
Vittorio Casamento
Petar Kuessner
Petar Kuessner
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Introduction

Following the receipt of public submissions on the Australian government's Consultation Paper, "Implementation of a framework for Australia's G20 over-the-counter derivatives commitments",1 the government has released an exposure draft of the Corporations Legislation Amendment (Derivatives Transactions) Bill 2012 (Derivatives Bill). The Derivatives Bill proposes to amend the Corporations Act 2001 (Cth) to provide for a legislative framework for the regulation of derivatives transactions in order to implement Australia's G20 commitments relating to the regulation of OTC derivatives by the end of 2012.

The proposed legislative framework

The Derivatives Bill follows the proposals set out in the Consultation Paper. It establishes a legislative framework that will allow the government to require that certain prescribed classes of derivatives be subject to one or more mandatory obligations relating to trade reporting, central clearing and trade execution

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