Document ID: chunk:federal_register_of_legislation:C2016A00043:clause:1_4
Version: federal_register_of_legislation:C2016A00043
Segment Type: clause
Provision Reference: sch 1 cl 4
Character Range: 3943–5793

4  Section 5
Insert:
financial property means any of the following property, regardless of whether the property (or, for paragraph (h), the intermediary or the account) is in Australia or elsewhere:
 (a) a security (within the meaning of section 92 of the Corporations Act 2001 (for this purpose, disregard subsections 92(3) and (4) of that Act));
 (b) a derivative;
 (c) a financial product (within the meaning of the Corporations Act 2001) that is traded on a financial market (within the meaning of that Act) that is:
 (i) operated in accordance with an Australian market licence (within the meaning of that Act); or
 (ii) exempt from the operation of Part 7.2 of that Act;
 (d) a negotiable instrument (within the meaning of the Personal Property Securities Act 2009);
 (e) currency (whether of Australia or of any other country);
 (f) gold, silver or platinum;
 (g) property declared by the regulations to be financial property for the purposes of this Act;
 (h) if a person (an intermediary) maintains an account to which interests in property or rights to payment or delivery of property of a kind mentioned in any of paragraphs (a) to (g) may be credited or debited—the rights of a person in whose name the intermediary maintains the account, to the extent that those rights relate to the interests in that property or the rights to payment or delivery of that property;
 (i) proceeds (including rights and property) of property that is financial property;
but does not include any property declared by the regulations to not be financial property for the purposes of this Act.
foreign exchange contract has the same meaning as in Chapter 7 of the Corporations Act 2001.
give security has a meaning affected by section 5A.
intermediated financial property means the rights mentioned in paragraph (h) of the definition of financial property.