What the ACCC does

  • We arbitrate access disputes for 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

A cash equity clearing and settlement service  can only be provided if it has access to:

  • a clearing and settlement facility
  • data used when operating a clearing and settlement facility.

Operating a clearing and settlement facility means providing a cash equity clearing and settlement service.

The Australian Securities and Investment Commission and Reserve Bank of Australia have the main 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

Our role is to arbitrate access disputes about clearing and settlement services that have been declared by the Minister.

We only arbitrate disputes where parties cannot agree on the terms of access to declared cash equity clearing and settlement services through commercial negotiation.

The Minister’s declaration of clearing and settlement services under subsection 153ZEF(1) is set out in the Corporations and Competition (CS Services) Instrument 2024.

When arbitration is available

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.

View more information in our guide.

Part XICB arbitration guideline thumbnail

Guideline on Part XICB arbitration

The Part XICB arbitration guideline provides guidance on negotiation and arbitration processes in relation to declared cash equity clearing and settlement services under Part XICB of the Competition and Consumer Act 2010.

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.

Contact us

Email reg.access.pricing@accc.gov.au if you have an enquiry about Part XICB or notifications to the ACCC for:

  • subsection 153ZEH(4) - notification of negotiations commencing
  • subsection 153ZEI(4) - notification of negotiations ending
  • subsection 153ZEJ(5) - notification of agreement reached in negotiations
  • subsection 153ZEM(2) - notification of access dispute.

See also

Licensed and exempt clearing and settlement facilities on Australian Securities and Investments Commission

Reserve Bank of Australia

Council of Financial Regulators