Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:1:p48
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 1 (pt 48/148)
Character Range: 453024–455729

credit provider and the debtor; and
 (iii) whether or not both credit and debit facilities are available; and
 (iv) that is not a financial product mentioned in paragraph 763A(1)(a) of the Act; and
 (v) that is not a security, a managed investment product, a foreign passport fund product, an investment life insurance product, a superannuation product or an RSA; and
 (va) that is not a financial product mentioned in paragraph 764A(1)(ba), or (j) of the Act; and
 (vi) that is not a financial product mentioned in paragraph 764A(1)(i) of the Act, other than a product the whole or predominant purpose of which is, or is intended to be, the provision of credit;
 (b) a facility:
 (i) known as a bill facility; and
 (ii) under which a credit provider provides credit by accepting, drawing, discounting or indorsing a bill of exchange or promissory note;
 (c) the provision of credit by a pawnbroker in the ordinary course of a pawnbroker's business (being a business which is being lawfully conducted by the pawnbroker);
 (d) the provision of credit by the trustee of the estate of a deceased person by way of an advance to a beneficiary or prospective beneficiary of the estate;
 (e) the provision of credit by an employer, or a related body corporate of an employer, to an employee or former employee (whether or not it is provided to the employee or former employee with another person);
 (f) a mortgage:
 (i) that secures obligations under a credit contract (other than a lien or charge arising by operation of any law or by custom); and
 (ii) that is not a financial product mentioned in paragraph 763A(1)(a) of the Act; and
 (iii) that is not a security, a managed investment product, a foreign passport fund product, an investment life insurance product, a superannuation product or an RSA; and
 (iiia) that is not a financial product mentioned in paragraph 764A(1)(ba), or (j) of the Act; and
 (iv) that is not a financial product mentioned in paragraph 764A(1)(i) of the Act, other than a product the whole or predominant purpose of which is, or is intended to be, the provision of credit;
 (g) a guarantee related to a mortgage mentioned in paragraph (f);
 (h) a guarantee of obligations under a credit contract.
 (2) The provision of consumer credit insurance that includes a contract of general insurance for the Insurance Contracts Act 1984 is not a credit facility.
 (2A) The following are not credit facilities:
 (a) a litigation funding scheme mentioned in regulation 5C.11.01;
 (b) a litigation funding arrangement mentioned in regulation 5C.11.01.
 (3) In this regulation:
credit means a contract, arrangement or understanding:
 (a) under which:
 (i) payment of a debt owed by one person