Announcement date
16 March 2026
Link to announcement
ASIC Derivative Transaction Rules (Clearing) 2026 - Federal Register of Legislation
Problem being addressed
The Australian Securities and Investments Commission (ASIC) proposes to remake the ASIC Derivative Transaction Rules (Clearing) 2015 (the Clearing Rules) which are due to sunset on 1 April 2026. ASIC proposes to remake the 2015 Rules, in substantially the same form, to continue the operation of Australia’s over-the-counter (OTC) derivatives central clearing regime under Part 7.5A of the Corporations Act 2001 (the Act).
The Clearing Rules set out the clearing requirements that apply to certain Australian and foreign financial entities (clearing entities). The Clearing Rules require clearing entities to centrally clear transactions in certain OTC interest rate derivative products with certain specifications relating to the currency of denomination, floating rate index, and termination date range subject to meeting a clearing threshold. Alternatively, entities may voluntarily opt-in to comply with the Clearing Rules to benefit from substituted compliance arrangements in respect of equivalent clearing requirements in key foreign jurisdictions.
Proposal
ASIC proposes to remake the Clearing Rules without significant amendment.
Assessed Impact Analysis outcome
Consistent with the Government's requirements for Sunsetting Legislative Instruments, ASIC has certified that the Clearing Rules are operating effectively and efficiently in lieu of preparing an Impact Analysis for remaking the Clearing Rules with minor amendments. This assessment has been informed by a public consultation process which involved Simple Consultation 33: Proposed remake of the ASIC Derivative Transaction Rules (Clearing) 2015 (CS 33) over the period 28 October 2025 to early December 2025.
Regulatory burden
ASIC advises there will be no change in regulatory burden.