Document ID: chunk:federal_register_of_legislation:C2024C00373:section:5:p3
Version: federal_register_of_legislation:C2024C00373
Segment Type: section
Provision Reference: s 5 (pt 3/7)
Character Range: 9465–12152

intermediary or the account) is in Australia or elsewhere:
 (a) a security (within the meaning of subsections 92(1) and (2) of the Corporations Act 2001);
 (b) a derivative;
 (c) a financial product (within the meaning of the Corporations Act 2001) that is traded on a financial market (within the meaning of Division 3 of Part 7.1 of that Act) that is:
 (i) operated in accordance with an Australian market licence (within the meaning of that Act); or
 (ii) exempt from the operation of Part 7.2 of that Act;
 (d) a negotiable instrument (within the meaning of the Personal Property Securities Act 2009);
 (e) currency (whether of Australia or of any other country);
 (f) gold, silver or platinum;
 (g) property declared by the regulations to be financial property for the purposes of this Act;
 (h) if a person (an intermediary) maintains an account to which interests in property or rights to payment or delivery of property of a kind mentioned in any of paragraphs (a) to (g) may be credited or debited—the rights of a person in whose name the intermediary maintains the account, to the extent that those rights relate to the interests in that property or the rights to payment or delivery of that property;
 (i) proceeds (including rights and property) of property that is financial property;
but does not include any property declared by the regulations to not be financial property for the purposes of this Act.
foreign exchange contract has the same meaning as in the Corporations Act 2001.
general insurer has the same meaning as in the Insurance Act 1973.
general participant in a payment or settlement system means a participant who cannot, under the operating rules for the system, settle transactions on their own account through the system.
give security has a meaning affected by section 5A.
Insurance Act statutory manager has the same meaning as in the Insurance Act 1973.
intermediated financial property means the rights mentioned in paragraph (h) of the definition of financial property.
life company has the same meaning as in the Life Insurance Act 1995.
Life Insurance Act statutory manager has the same meaning as in the Life Insurance Act 1995.
market netting contract means:
 (a) a contract:
 (i) entered into in accordance with the rules that govern the operation of a netting market; and
 (ii) under which obligations between parties to the contract are netted; or
 (aa) the rules governing the operation of a netting market, if those rules have effect as a contract between a participant in the netting market and one or more other persons; or
 (b) a contract declared by the regulations to be a market netting contract for the purposes of this Act;
but does