Document ID: chunk:federal_register_of_legislation:C2005C00498:clause:1_765a:p1
Version: federal_register_of_legislation:C2005C00498
Segment Type: clause
Provision Reference: sch 1 cl 765A (pt 1/2)
Character Range: 57776–60546

765A  Specific things that are not financial products

 (1) Despite anything in Subdivision B or Subdivision C, the following are not financial products for the purposes of this Chapter:
 (a) an excluded security;
 (b) an undertaking by a body corporate to pay money to a related body corporate;
 (c) health insurance provided as part of a health insurance business (as defined in subsection 67(4) of the National Health Act 1953);
 (d) insurance provided by the Commonwealth;
 (e) 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;
 (f) insurance entered into by the Export Finance and Insurance Corporation, other than a short‑term insurance contract within the meaning of the Export Finance and Insurance Corporation Act 1991;
 (g) reinsurance;
 (h) any of the following:
 (i) a credit facility within the meaning of the regulations;
 (ii) a facility for making non‑cash payments (see section 763D), if payments made using the facility will all be debited to a credit facility covered by subparagraph (i);
 (i) a facility:
 (i) that is an approved RTGS system within the meaning of the Payment Systems and Netting Act 1998; or
 (ii) for the transmission and reconciliation of non‑cash payments (see section 763D), and the establishment of final positions, for settlement through an approved RTGS system within the meaning of the Payment Systems and Netting Act 1998;
 (j) a facility that is a designated payment system for the purposes of the Payment Systems (Regulation) Act 1998;
 (k) a facility for the exchange and settlement of non‑cash payments (see section 763D) between providers of non‑cash payment facilities;
 (l) a facility that is:
 (i) a financial market; or
 (ii) a clearing and settlement facility; or
 (iii) a payment system operated as part of a clearing and settlement facility;
 (m) a contract to exchange one currency (whether Australian or not) for another that is to be settled immediately;
 (n) so much of an arrangement as is not a derivative because of paragraph 761D(3)(a);
 (p) an arrangement that is not a derivative because of subsection 761D(4);
 (q) an interest in a superannuation fund of a kind prescribed by regulations made for the purposes of this paragraph;
 (r) any of the following:
 (i) an interest in something that is not a managed investment scheme because of paragraph (c), (e), (f), (k), (l) or (m) of the definition of managed investment scheme in section 9;
 (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);
 (s) any of the following in relation to a