What the ACCC does

  • We arbitrate access disputes in relation to cash equity clearing and settlement services that have been declared by the Minister.

What the ACCC can't do

  • We don’t determine or monitor compliance of clearing and settlement facility licensees under the Financial Stability Standards.  
  • We don’t assess if clearing and settlement facility licensees comply with all other obligations arising under the Corporations Act 2001. 

About regulation of cash equity clearing and settlement services

Australian Securities and Investment Commission and the Reserve Bank of Australia have primary regulatory oversight over cash equity clearing and settlement.

The ACCC has a role in dispute arbitration.

What we do in cash equity clearing and settlement services

The ACCC’s role in cash equity clearing and settlement is to arbitrate access disputes about clearing and settlement services that have been declared by the Minister. We will only arbitrate disputes where parties are unable to agree on the terms of access to declared cash equity clearing and settlement services through commercial negotiation.

Please refer to the Treasury website in relation to the declaration of clearing and settlement services by the Minister under section 153ZEF.

Arbitration will be available where:

  • the provider of a cash equity clearing and settlement service has a monopoly or significant market power
  • in a competitive environment, one clearing and settlement facility is reliant upon access to another clearing and settlement facility.

For further guidance on the arbitration of access disputes, please refer to the Part XICB arbitration guideline.

Please contact reg.access.pricing@accc.gov.au for:

  • enquiries relating to Part XICB
  • notifications to the ACCC for the purposes of:
    • section 153ZEH(4) (notification of negotiations commencing)
    • section 153ZEI(4) (notification of negotiations ending)
    • section 153ZEJ(5) (notification of agreement reached in negotiations)
    • section 153ZEM(2) (notification of access dispute).

The legal basis for our work

The ACCC's role comes from Part XICB of the Competition and Consumer Act 2010.

Part XICB was introduced by the Treasury Laws Amendment (2023 Measures No. 3) Bill 2023.

See also

Australian Securities and Investments Commission
Reserve Bank of Australia
Council of Financial Regulators

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