Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:4:p15
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 4 (pt 15/49)
Character Range: 1018876–1021637

whose main purpose is to operate or invest in infrastructure assets.
interest, in a company or managed investment scheme, does not include a stapled real estate or infrastructure interest in the company or managed investment scheme.
passive investments, in relation to a company, means any of the following:
 (a) shares, units, options, rights or similar interests;
 (b) financial instruments (such as loans, debts, debentures, bonds, promissory notes, futures contracts, forward contracts, currency swap contracts and a right or option in respect of a share, security, loan or contract);
 (c) an asset whose main use by the company in the course of carrying on its business is to derive interest, an annuity, rent, royalties or foreign exchange gains unless:
 (i) the asset is an intangible asset and has been substantially developed, altered or improved by the company so that its market value has been substantially enhanced; or
 (ii) its main use for deriving rent was only temporary;
 (d) goodwill.
real estate investment trust means a managed investment scheme whose main purpose is to invest in real property.
stamping fee means a fee, or a part of a fee:
 (a) that a person, including an issuer of a financial product, or a person acting on behalf of the issuer, pays either directly or indirectly to a provider in connection with:
 (i) an offer by the issuer to issue the financial product; or
 (ii) an invitation by the issuer for an application to issue the financial product; or
 (b) that a person, including a holder of a financial product, or person acting on behalf of the holder, pays either directly or indirectly to a provider in connection with:
 (i) an offer by the holder to sell the financial product; or
 (ii) an invitation by the holder for an application to sell the financial product.
stapled real estate or infrastructure interest: an interest is a stapled real estate or infrastructure interest if:
 (a) the interest is an interest in a company or managed investment scheme; and
 (b) the interest can only be transferred together with one or more other interests in one or more companies, managed investment schemes or other entities; and
 (c) the companies, managed investment schemes or other entities mentioned in paragraphs (a) and (b) are engaging in activities together for the main purpose of:
 (i) investing in real property; or
 (ii) operating or investing in infrastructure assets.

7.7A.12C  Time‑sharing schemes
  A monetary benefit is not conflicted remuneration if the benefit is given for advice that relates to an interest in a time‑sharing scheme.

7.7A.12D  Brokerage fees
 (1) A monetary benefit is not conflicted remuneration if:
 (a) the benefit consists of a percentage, of no more than 100%, of a brokerage fee