Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:1:p54
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 1 (pt 54/148)
Character Range: 467992–470841

excluded from the definition).
Note: The effect of paragraph (b) of the definition of exempt document or statement in subsection 766B(9), is that a prescribed document or statement is an exempt document or statement.

7.1.08A  Modification of section 766D of the Act—free carbon units
  For paragraph 926B(1)(c) of the Act, Part 7.6 of the Act applies in relation to free carbon units (within the meaning of the Clean Energy Act 2011) as if section 766D of the Act were modified by inserting after subsection 766D(2) the following subsection:
 (3) A person who holds a free carbon unit (within the meaning of the Clean Energy Act 2011) that has been issued to the person by the Clean Energy Regulator is taken not to be making a market for a financial product if the person states the price of the free carbon unit.

7.1.09  Obligations related to clearing and settlement facility
 (1) For paragraph 768A(1)(b) of the Act, the following obligations are prescribed:
 (a) each obligation arising from a contract to transfer a security;
 (b) each obligation arising from a contract to transfer a managed investment product;
 (c) each obligation arising from acquiring or providing a financial product mentioned in paragraph 764A(1)(c) of the Act;
 (d) each obligation arising from a contract to transfer a financial product mentioned in paragraph 764A(1)(j) of the Act;
 (e) each obligation arising from a contract to transfer a financial product mentioned in paragraph 764A(1)(ba) of the Act;
 (ea) each obligation arising from a contract to transfer a foreign passport fund product;
 (f) each obligation arising from a contract to transfer a financial product mentioned in paragraph 764A(1)(k) of the Act;
 (fa) each obligation arising from a contract to transfer a carbon unit, an Australian carbon credit unit or an eligible international emissions unit;
Note: See paragraphs 764A(1)(ka) and (kb) of the Act.
 (g) each obligation arising from a contract to transfer a right that includes an undertaking by a body to repay, as a debt, money deposited with or lent to the body;
 (h) each obligation arising from the entry into a repurchase agreement.
 (2) In this regulation, repurchase agreement means a repurchase transaction, in relation to a financial product, entered into pursuant to:
 (a) The Bond Market Association and the International Securities Market Association Global Master Repurchase Agreement (known as the TBMA/ISMA Global Master Repurchase Agreement); or
 (b) another commonly used master agreement for repurchase transactions.

7.1.10  Conduct that does not constitute operating a clearing and settlement facility
 (2) For paragraph 768A(2)(i) of the Act, the conduct of:
 (a) National Stock Exchange of Australia Limited, or an agent of that body; or
 (b) a participant of the National Stock Exchange of Australia Limited, or an