Document ID: chunk:federal_register_of_legislation:C2025C00029:section:12:p29
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 12 (pt 29/43)
Character Range: 4018488–4021153

obligation under a guarantee or indemnity is the subject of an exception unless:
 (a) assuming that the *financial arrangement were a *Division 230 financial arrangement, it would be the subject of a *fair value election or an *election to rely on financial reports; or
 (b) the financial arrangement is a *derivative financial arrangement; or
 (c) the guarantee or indemnity is given in relation to a financial arrangement.

Personal arrangements and personal injury
 (9) The following rights and obligations are the subject of an exception:
 (a) a right to receive, or an obligation to provide, consideration for providing personal services;
 (b) a right, or obligation, arising from the administration of a deceased person's estate;
 (c) a right to receive, or an obligation to provide, a gift under a deed;
 (d) a right to receive, or an obligation to provide, a *financial benefit by way of maintenance:
 (i) to an individual who is or has been the *spouse of the person liable to provide the benefit; or
 (ii) to or for the benefit of an individual who is or has been a child of the person liable to provide the benefit; or
 (iii) to or for the benefit of an individual who is or has been a child of an individual who is or has been a spouse of the person liable to provide the benefit;
 (e) a right to receive, or an obligation to provide, a financial benefit in relation to personal injury to an individual;
 (f) a right to receive, or an obligation to provide, a financial benefit in relation to an injury to an individual's reputation.
 (10) Without limiting paragraph (9)(e), that paragraph applies:
 (a) even if the person to whom the *financial benefit is to be provided is not the individual who was injured; and
 (b) even if the personal injury to the individual takes the form of:
 (i) a wrong to the individual; or
 (ii) illness of the individual.
Note: The person referred to in paragraph (a) may, for example, be a relative of the individual who was injured.

Superannuation and pension benefits
 (11) A right to receive, or an obligation to provide, *financial benefits is the subject of an exception if the right or obligation arises from a person's membership of a superannuation or pension scheme, including:
 (a) a right of a dependant of a member to receive financial benefits or an obligation to provide financial benefits to a dependant of a member; and
 (b) a right or obligation arising from an interest in:
 (i) a *complying superannuation entity; or
 (ii) a *non‑complying superannuation fund or *non‑complying approved deposit fund; or
 (iii) an *RSA.

Interest in controlled foreign companies
 (12) A right or obligation that arises