Document ID: chunk:federal_register_of_legislation:C2025C00185:section:4:p2
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 4 (pt 2/2)
Character Range: 2988847–2990430

time of its issue as specified in subsection (3).
Note 2: Although each party to the derivative is an issuer, whether any particular party has disclosure or other obligations under this Chapter will depend on the circumstances (e.g. whether the issue occurs in the course of a business of issuing financial products and whether any of the other parties is a retail client).
 (6) Subject to subsection (7), the issuer of a financial product that:
 (a) is a derivative; and
 (b) is entered into, or acquired, on a financial market;
is taken to be:
 (c) if the product is entered into, or acquired, on the market through an arrangement made by a financial services licensee acting on behalf of another person—the financial services licensee; or
 (d) if the product is entered into, or acquired, on the market through an arrangement made by an authorised representative of a financial services licensee acting on behalf of another person (not being the licensee)—the financial services licensee; or
 (e) if neither paragraph (c) nor (d) applies—the market operator.
 (7) The regulations may make provision determining all or any of the following:
 (a) the meaning of issue (and/or related parts of speech, including issuer) in relation to a class of financial products;
 (b) the meaning of acquire (and/or related parts of speech) in relation to a class of financial products;
 (c) the meaning of provide (and/or related parts of speech) in relation to a class of financial products.
Regulations made for the purposes of this subsection have effect despite anything else in this section.