Document ID: chunk:federal_register_of_legislation:F2023L01162:body:0:p14
Version: federal_register_of_legislation:F2023L01162
Segment Type: other
Provision Reference: 
Character Range: 32016–34731

to the acquisition; or
(e) contractual, lease or licence rights that are not assignable except with the consent of the member or client or that it would not be reasonably practicable to assign and any documents evidencing those contractual, lease or licence rights; or
(f) for a registered time-sharing scheme:
(i) cash held in an account with an Australian ADI styled as a trust account; and
(ii) cash held in an account with a body (a foreign ADI) formed or incorporated outside of Australia which is authorised to accept deposits and is prudentially regulated by a government or agency of a government styled as a trust account; and
(iii) general insurance products relating to real property and other assets of a time-sharing scheme; and
(iv) interests in real property; and
(v) interests in other registered time-sharing schemes, time-sharing schemes that are exempt from complying with section 601ED and time-sharing schemes established outside this jurisdiction; or
(g) mortgages or documents of title held under a mortgage where:
(i) particular members or clients have a specific beneficial or legal interest in the mortgage; and
(ii) either:
(A) the mortgage was acquired on the specific direction of the relevant members or clients (at the time of acquisition of the interest); or
(B) the members or clients are able to withdraw from that mortgage for a period of 14 days after the date of disclosure of the mortgage terms to the members or clients; and
(iii) it is not reasonable to expect that the mortgage will be sold prior to its discharge; or
(h) a derivative and any contractual right (margin repayment right) for the payment of any balance owing to the licensee or the retail CCIV in relation to dealings in derivatives including margining those dealings through transactions in a deposit taking facility notified to the licensee or the retail CCIV if all of the following apply:
(i) the licensee or the retail CCIV has directed in writing the other party (counterparty) to the derivative or, in case of a derivative acquired through a financial market, the market participant acting for the licensee or the retail CCIV, that any amounts payable by the counterparty or market participant in connection with the derivative to or at the direction of the licensee or the retail CCIV are to be made only:
(A) to the deposit taking facility (if any); or
(B) to an eligible custodian (a Complying Custodian) or a custodian (a Complying Custodian) that meets the requirements under subparagraph (5)(a)(i) or a sub-custodian (a Complying Custodian) appointed by such a custodian; or
(C) as the Complying Custodian directs;
(ii) if there is a margin repayment right held as scheme property or assets of the