Document ID: chunk:federal_register_of_legislation:C2005C00498:clause:1_12baa:p3
Version: federal_register_of_legislation:C2005C00498
Segment Type: clause
Provision Reference: sch 1 cl 12BAA (pt 3/4)
Character Range: 828649–831425

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)) (except health insurance provided as part of a health insurance business as defined by subsection 67(4) of the National Health Act 1953);
 (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);
 (m) anything declared by the regulations to be a financial product for the purposes of this subsection.

Note: 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).

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 subsection 67(4) of the National Health Act 1953);
 (c) State insurance or Northern Territory insurance, including insurance entered into by:
 (i) a State or the Northern Territory; and
 (ii) some other insurer;
  as joint insurers;
 (d) a facility:
 (i) that is an approved RTGS system for the purposes of the Payment Systems and Netting Act 1998; or
 (ii) for the transmission and reconciliation of non‑cash payments (see subsection (6)), and the establishment of final positions, for settlement through an approved RTGS system within the meaning of the Payment Systems and Netting Act 1998;
 (e) a facility that is a designated payment system for the purposes of the Payment Systems (Regulation) Act 1998;
 (f) a facility for the exchange and settlement of non‑cash payments (see subsection (6)) between providers of non‑cash payment facilities;
 (g) a