Document ID: chunk:federal_register_of_legislation:C2018C00124:clause:5_1
Version: federal_register_of_legislation:C2018C00124
Segment Type: clause
Provision Reference: sch 5 cl 1
Character Range: 15505–17123

1  Section 761A
Insert:
authorised clearing and settlement facility means:
 (a) a licensed CS facility; or
 (b) a clearing and settlement facility that satisfies the following requirements:
 (i) the operator of the facility is authorised to operate the facility in the foreign country in which the operator's principal place of business is located;
 (ii) any requirements specified in regulations made for the purposes of this subparagraph.
derivative retail client money: money paid as mentioned in subsection 981A(1) is derivative retail client money if:
 (a) either:
 (i) the financial service referred to in subparagraph 981A(1)(a)(i) is or relates to a dealing in a derivative; or
 (ii) the financial product referred to in subparagraph 981A(1)(a)(ii) is a derivative; and
 (b) the financial service or product would be provided to the client as a retail client if:
 (i) the service or product were provided to the client when the money is paid; and
 (ii) section 761GA (about sophisticated investors) did not apply.
derivative retail client property: property given as mentioned in subsection 984A(1) is derivative retail client property if:
 (a) either:
 (i) the financial service referred to in subparagraph 984A(1)(a)(i) is or relates to a dealing in a derivative; or
 (ii) the financial product referred to in subparagraph 984A(1)(a)(ii) is a derivative; and
 (b) the financial service or product would be provided to the client as a retail client if:
 (i) the service or product were provided to the client when the property is given; and
 (ii) section 761GA (about sophisticated investors) did not apply.