Document ID: chunk:federal_register_of_legislation:C2025C00185:section:9:p33
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 9 (pt 33/63)
Character Range: 158148–160756

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.
investment in a registered scheme means:
 (a) an interest in the scheme; or
 (b) a legal or equitable interest in an interest in the scheme; or
 (c) an option to acquire (whether by way of issue or transfer) an investment in the scheme covered by paragraph (a) or (b); or
 (d) an option to dispose of an investment in the scheme 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 scheme covered by paragraph (a), (b), (c) or (d); or
 (f) an investment in the responsible entity of the scheme.
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 scheme merely because the investment is taken into account in determining the value of the index.
investment contract means any contract, scheme or arrangement that, in substance and irrespective of its form, involves the investment of money in or under such circumstances that the investor acquires or may acquire an interest in, or right in respect of, property, whether in this jurisdiction or elsewhere, that, under, or in accordance with, the terms of investment will, or may at the option of the investor, be used or employed in common with any other interest in, or right in respect of, property, whether in this jurisdiction or elsewhere, acquired in or under like circumstances.
investment life insurance product means a financial product described in paragraph 764A(1)(f).
Note: See also