The Reserve Bank of Australia (RBA) has released a consultation paper regarding the proposed guidance for the Australian Clearing and Settlement (CS) Facility Resolution Regime. This move follows legislative changes enacted in September 2024, when the Australian Parliament passed the Treasury Laws Amendment (Financial Market Infrastructure and Other Measures) Act 2024. The amendment to the Corporations Act 2001 grants the RBA crisis resolution powers over domestically incorporated clearing and settlement facilities.
These new powers are intended to enable the RBA to manage or respond to threats that could affect the continuity of critical CS facility services or impact financial system stability in Australia. The concerns arise specifically in relation to domestic CS facility licensees.
The RBA has crafted draft guidance with an aim to provide clarity on when and how these resolution powers might be employed. This is designed to help CS facilities, their users, market operators, and other stakeholders understand the general approach of the RBA towards resolution actions and anticipate potential impacts if such powers are exercised.
Stakeholders are invited by the RBA to submit their feedback on this consultation by August 11, 2025. Once all submissions have been reviewed, the RBA will publish finalized guidance based on this input.
