Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:1:p9
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 1 (pt 9/148)
Character Range: 350974–353598

health directive of any kind.
 (1A) Paragraph (1)(d) does not apply to a custodian that is a trustee establishing and operating a common fund.
 (2) In this regulation:
debt security means:
 (a) any debenture, debenture stock, bond, note or other security of a corporation or body; or
 (b) any convertible note issued by a company or any convertible note in a unit trust scheme issued by the trustee of a unit trust scheme; or
 (c) any right to a security mentioned in paragraph (a) or (b);
whether or not it is a charge on the assets of the corporation, company, society or unit trust scheme.
employee share or benefit scheme means a scheme under which a company offers for issue or sale shares (or options over issued shares) in the company, or some other benefit in the company, only to a director or employee of the company, or of an associated body corporate, when the offer is made.
escrow agent means a person with whom is deposited a contract, deed, bond or other written agreement or property for delivery to the grantee, promisee or some other person on resolution of a dispute or fulfilment of some condition.
loan‑backed security means:
 (a) an instrument or property:
 (i) creating a right or interest (whether described as a unit, bond or otherwise) for a beneficiary; or
 (ii) conferring a right or interest (whether described as a unit, bond or otherwise) on a beneficiary; or
 (iii) consisting of a right or interest (whether described as a unit, bond or otherwise) of a beneficiary;
  in a scheme under which the profits, distributions of capital or income in which beneficiaries share arise or arises from the acquisition, holding, management or disposal of a loan or pool of loans; or
 (b) an instrument which evidences a right or interest mentioned in paragraph (a); or
 (c) a debt security:
 (i) the payments under which by the person that issues or makes the instrument are derived mainly from the acquisition, holding, management or disposal of a loan or pool of loans; and
 (ii) that is secured by a mortgage or charge over a loan or pool of loans.
mortgage‑backed security has the meaning given in regulation 5D.1.03.

5D.1.03  Meaning of mortgage‑backed security
 (1) A mortgage‑backed security is:
 (a) an interest in a trust that entitles the holder of, or beneficial owner under, the interest to:
 (i) the whole, or any part, of the rights or entitlements of a mortgagee and any other rights or entitlements in respect of a mortgage or pool of mortgages; or
 (ii) any amount payable by the mortgagor or mortgagors under a mortgage or mortgages (whether or not the amount is payable to the holder