Document ID: chunk:federal_register_of_legislation:C2018A00061:clause:2_32
Version: federal_register_of_legislation:C2018A00061
Segment Type: clause
Provision Reference: sch 2 cl 32
Character Range: 76772–77838

32  Section 9
Insert:
investment in a notified foreign passport fund means:
 (a) an interest in the fund; or
 (b) a legal or equitable interest in an interest in the fund; or
 (c) an option to acquire (whether by way of issue or transfer) an investment in the fund covered by paragraph (a) or (b); or
 (d) an option to dispose of an investment in the fund covered by paragraph (a) or (b); or
 (e) an interest a person holds under an arrangement that is a derivative if:
 (i) the consideration to be provided under the arrangement; or
 (ii) the value of the arrangement;
  is ultimately determined, derived from or varies by reference to an investment in the fund covered by paragraph (a), (b), (c) or (d); or
 (f) an investment in the operator of the fund.
To avoid doubt, the consideration to be provided under, or the value of, an arrangement in relation to an index is taken not to be ultimately determined, derived from or vary by reference to an investment in the fund merely because the investment is taken into account in determining the value of the index.