Document ID: chunk:federal_register_of_legislation:C2025C00182:section:12baa:p3
Version: federal_register_of_legislation:C2025C00182
Segment Type: section
Provision Reference: s 12BAA (pt 3/5)
Character Range: 67512–70242

investment scheme:
 (i) an interest in the scheme;
 (ii) a legal or equitable right or interest in an interest covered by subparagraph (i);
 (iii) an option to acquire, by way of issue, an interest or right covered by subparagraph (i) or (ii);
 (c) a derivative;
 (d) a contract of insurance (see subsection (9)) other than:
 (i) health insurance provided as part of a health insurance business (as defined by Division 121 of the Private Health Insurance Act 2007); or
 (ii) insurance provided as part of a health‑related business (as defined by section 131‑15 of that Act) that is conducted through a health benefits fund (as defined by section 131‑10 of that Act);
 (e) a life policy, or a sinking fund policy, within the meaning of the Life Insurance Act 1995, that is not a contract of insurance (see subsection (9));
 (f) a beneficial interest in a superannuation fund (as defined by section 10 of the Superannuation Industry (Supervision) Act 1993);
 (g) an RSA (retirement savings account) within the meaning of the Retirement Savings Accounts Act 1997;
 (h) any deposit‑taking facility made available by an ADI (within the meaning of the Banking Act 1959) in the course of its banking business (within the meaning of that Act), other than an RSA (RSAs are covered by paragraph (g));
 (i) a debenture, stock or bond issued or proposed to be issued by a government;
 (j) a foreign exchange contract;
 (k) a credit facility (within the meaning of the regulations);
 (l) an Australian carbon credit unit;
 (la) an eligible international emissions unit;
 (m) anything declared by the regulations to be a financial product for the purposes of this subsection.
Note 1: Even though something is expressly excluded from one of these paragraphs, it may still be a financial product (subject to subsection (8)) either because:
(a) it is covered by another of these paragraphs; or
(b) it is covered by the general definition in subsection (1).
Note 2: A notified foreign passport fund is a managed investment scheme for the purposes of this Act and the Corporations Act, see subsection 5(2) of this Act and section 1213E of the Corporations Act.

Specific things that are not financial products
 (8) Despite anything else in this section, the following are not financial products for the purposes of this Division:
 (a) an excluded security;
 (b) health insurance provided as part of a health insurance business (as defined in Division 121 of the Private Health Insurance Act 2007);
 (ba) insurance provided as part of a health‑related business (as defined by section 131‑15 of that Act) that is conducted through a health benefits fund (as defined by section 131‑10 of that Act);
 (c) State insurance or Northern Territory insurance,