Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:1:p46
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 1 (pt 46/148)
Character Range: 447794–450636

under the insurance product; and
 (c) the claim relates to the estate or its administration.

Public Trustees etc.
 (12) The circumstances are:
 (a) the person (the estate manager) is the Public Trustee (however described) of a State or Territory; and
 (b) the estate manager administers the estate of a person; and
 (c) the estate manager represents a person insured under an insurance product in pursuing a claim under the insurance product; and
 (d) the claim relates to the estate or its administration.

7.1.04CA  Kinds of financial products
 (1) For section 761CA of the Act, this regulation applies in relation to paragraph 917C(3)(ba) of the Act.
 (2) The following are kinds of financial product:
 (a) motor vehicle insurance;
 (b) home building insurance;
 (c) home contents insurance;
 (d) sickness and accident insurance;
 (e) consumer credit insurance;
 (f) travel insurance.

7.1.04CB  When providing certain claims handing and settling services is not the primary part of a business
  For the purposes of paragraph 761DA(2)(b) of the Act, circumstances in which a person's provision of claims handling and settling services on behalf of one or more insurers is taken not to be the primary part of a business carried on by the person are when those services are:
 (a) investigating the validity of claims under insurance products, or providing assistance in relation to such investigations; or
 (b) assessing the extent of insurers' liabilities to other persons under insurance products under which claims are made, or providing assistance in relation to such assessments.

7.1.04D  Meaning of issuer for certain derivatives
 (1) This regulation applies in relation to a financial product that:
 (a) is a derivative; and
 (b) is entered into, or acquired through a facility conducted in accordance with:
 (i) the Corporations (Exempt Futures Market—National Wholesale Electricity) Declaration 1999; or
 (ii) the Corporations (Exempt Futures Market) Declaration 2001.
 (2) For paragraph 761E(7)(a) of the Act, each person who is a party to the financial product is taken to be an issuer of the financial product.
 (3) For paragraph 761E(7)(a) of the Act, subsections 761E(5) and (6) of the Act do not apply to the financial product.

7.1.04E  Issue of a new interest in a superannuation fund
 (1) This regulation applies if a member of a superannuation fund, who has a superannuation interest in the growth phase, elects to receive a pension in relation to that interest or part of that interest.
 (2) For paragraph 761E(7)(a) of the Act, the superannuation fund is taken to issue a new financial product when:
 (a) it acknowledges receipt of the member's election; or
 (b) it makes the first payment of the pension;
whichever occurs first.
 (3) For this regulation:
growth phase has the meaning given by regulation 1.03AB of the