Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:3:p28
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 3 (pt 28/43)
Character Range: 772252–775002

the following:
 (A) dealing in derivatives over carbon units, Australian carbon credit units or eligible international emissions units;
 (B) dealing in a carbon unit, an Australian carbon credit unit or an eligible international emissions unit;
 (C) dealing in foreign exchange contracts for carbon units, Australian carbon credit units or eligible international emissions units;
 (ii) the service does not involve the making of a market for those derivatives, units or foreign exchange contracts;
 (iii) the dealing is entered into for the purpose of managing financial risk in relation to the surrender, cancellation or relinquishment of carbon units, Australian carbon credit units or eligible international emissions units by:
 (A) the person; or
 (B) a related body corporate of the person; or
 (C) an associated entity of the person;
Note: Section 175 of the Carbon Credits (Carbon Farming Initiative) Act 2011 deals with the relinquishment of Australian carbon credit units. Section 210 of the Clean Energy Act 2011 deals with the relinquishment of carbon units.
 (iv) the person does not deal in those derivatives, units or foreign exchange contracts as the principal activity of the person's business;
 (v) the dealing is entered into:
 (A) on the person's own behalf; or
 (B) on behalf of a related body corporate of the person; or
 (C) on behalf of an associated entity of the person;
 (mb) a financial service that a person is engaged by the Clean Energy Regulator to provide to the Clean Energy Regulator, or on behalf of the Clean Energy Regulator, that relates to the conduct of an auction of carbon units under the Clean Energy Act 2011, other than a financial service that arises in the course of the following activities:
 (i) the management of any deposit lodged to participate in an auction under the Clean Energy Act 2011;
 (ii) direct participation in an auction under the Clean Energy Act 2011, whether on the person's own behalf or on behalf of a person other than the Clean Energy Regulator;
 (n) a financial service provided by a person (person 1) to another person (person 2) in the following circumstances:
 (i) person 1 is not in this jurisdiction;
 (ii) person 2 is in this jurisdiction;
 (iii) the service consists only of dealing in a financial product or class of financial products;
 (iv) a financial services licensee whose financial services licence covers the provision of the service arranges for person 1 to provide the service to person 2;
 (na) a financial service provided by a person (person 1) to another person (person 2) in the following circumstances:
 (i) person 1 is not in this jurisdiction;
 (ii) person 2 is in this jurisdiction;
 (iii) the service consists only of 1 or more of:
 (A) the provision