Document ID: chunk:federal_register_of_legislation:F2023C00831:reg:5:p9
Version: federal_register_of_legislation:F2023C00831
Segment Type: reg
Provision Reference: reg 5 (pt 9/11)
Character Range: 21016–23689

by APRA and results from a transaction entered into by the licensee in the ordinary course of its business on its standard commercial terms applicable to persons that are not associated with the licensee on an arm's length basis;
(B) the licensee has no reason to believe that any amount invested in the licensee would not have been invested if the transaction that caused the receivable had not taken place or were not at the time of the investment expected to take place;
(C) the licensee has no reason to believe that the recoverability of the receivable will materially depend on the value of an investment by any person in the licensee;
(D) the total value of the receivables under this subparagraph is not more than 60% of the adjusted liabilities of the licensee disregarding this subparagraph; or
(iv) to which ASIC has given its consent in writing to the licensee treating the receivable as not being an excluded asset; or
(v) to the extent that it is owing by way of fees from, or under rights of reimbursement for expenditure by the licensee out of property of or in relation to:
(A) a superannuation entity; or
(B) an IDPS; or
(C) a registered scheme; or
(D) a retail CCIV;
to the extent that the receivable:
(E) exceeds amounts invested by the entity, IDPS, scheme or retail CCIV in, or lent (other than by way of a deposit with an Australian ADI in the ordinary course of its banking business) directly or indirectly by the entity, IDPS, scheme or retail CCIV to:
                     (I) the licensee; or
                     (II) a body corporate the licensee or the retail CCIV controls; or
                     (III) a body corporate that controls the licensee or the retail CCIV; or
                     (IV) a body corporate that the licensee's or the retail CCIV's controller controls; and
(F) if receivable by way of fees, represents no more than the amount of fees owing for the previous 3 months; and
(G) if receivable under rights of reimbursement for expenditure by the licensee, has not been receivable for more than 3 months; and
(f) a right-of-use asset arising under a lease; and
(g) an asset mentioned in paragraph (c) to the extent it is a managed investment product or a share in a retail CCIV unless any part of the amount invested is, in substance, directly or indirectly, invested in the licensee.
first financial year means, in relation to a financial services licensee, the financial year in which the calculation date occurs.
IDPS has the same meaning as in ASIC Corporations (Investor Directed Portfolio Services) Instrument 2023/669.
IDPS property means, in relation to an IDPS, property acquired or held through the IDPS other than